CIVIL LIABILITY ACT 2002 - SECT 26BA Protected defendant must be given notice of incident giving rise to claim

CIVIL LIABILITY ACT 2002 - SECT 26BA

26BA Protected defendant must be given notice of incident giving rise to claim

(1) A person (referred to in this Division as a
"claimant" ) who makes or is entitled to make a claim against a protected defendant for an award of personal injury damages to which this Part applies must give the protected defendant notice of the incident that gives rise to the claim within 6 months after the relevant date for the claim.

(2) The relevant date for the claim is the date of the incident that gives rise to the claim unless the claim is made in respect of the death of a person, in which case the relevant date is the date of the person's death.

(3) Notice of an incident must be in writing and must--

(a) specify the date of the incident, and

(b) describe the incident (in ordinary language), and

(c) state that the incident may give rise to a claim against the protected defendant.

(4) Notice given to an officer or employee of a protected defendant is taken to have been given to the protected defendant.

(5) Time does not run for the purposes of this section while the claimant is a vulnerable offender under section 26BC.