LIMITATION ACT 1985 - SECT 30B Special provision in relation to children—claims relating to health

LIMITATION ACT 1985 - SECT 30B

    (1)     This section applies if—

        (a)     a child ( the plaintiff ) suffers personal injury that gives rise to a claim for damages; and

        (b)     the claim—

              (i)     relates to the provision of a health service; but

              (ii)     is not a claim to which section 21C (Personal injury resulting from child abuse) applies.

    (2)     A cause of action for damages in relation to the claim is not maintainable if brought 6 years or more after the day the accident giving rise to the injury happened.

    (3)     However, if the injury is or includes a disease or disorder, the cause of action is not maintainable if brought after whichever of the following periods ends first:

        (a)     6 years after the day the plaintiff (or the plaintiff's parent or guardian) first knows or ought reasonably to have first known—

              (i)     that the plaintiff has suffered an injury that is or includes a disease or disorder; or

              (ii)     that the injury is related to someone else's act or omission;

        (b)     12 years after the day the accident giving rise to the injury happened.

Note     The period mentioned in s (3) can be extended under s 36 but the period mentioned in s (2) cannot be extended under that section (see s 36  (6)).

    (4)     In considering whether or not the period mentioned in subsection (3) should be extended under section 36, the court must have regard to the opinion of a medical expert (or experts) on the question of when the plaintiff (or the plaintiff's parent or guardian) first knew, or ought reasonably to have first known—

        (a)     that the plaintiff had suffered the injury; or

        (b)     that the injury is related to someone else's act or omission.

    (5)     In this section:

"health service"—see the Human Rights Commission Act 2005

, section 7 (1) and (3) (a).