New South Wales Consolidated Acts

NOTICE OF ACTION AND OTHER PRIVILEGES ABOLITION ACT 1977 - SECT 5

5 Amendment of other Acts

(1) In this section, a reference to an action is a reference to an action of a kind for the bringing of which a limitation period is fixed by or under the Limitation Act 1969 , whether or not a different limitation period for a particular action of that kind is fixed by or under an Act other than that Act.

(2) This section applies to an Act other than:

(a) the Limitation Act 1969 , and

(b) an Act specified in Schedule 1,

and applies to an Imperial Act in force in New South Wales which Parliament has power to amend in relation to its operation in New South Wales.

(3) Subject to subsection (4), in so far as an Act or Imperial Act to which this section applies provides in any form:

(a) that notice is to be given before an action may be commenced,

(b) that the notice shall be in a specified form or state specified matters,

(c) that an action may not be commenced until the expiration of a specified period after the giving of the notice,

(d) that an authorised person shall:

(i) be permitted to inspect damage or injury specified in the notice, or

(ii) be given all facilities and information necessary to ascertain the nature and extent of damage or injury so specified and any expenditure or loss relating thereto,

(e) that, where the notice has been given, the plaintiff is not permitted to go into evidence of any cause of action not specified in the notice,

(f) that, where the notice has not been given, the plaintiff is not entitled to maintain the action,

(g) that a court may amend any defect in the notice,

(h) that a court may direct that any non-compliance, or insufficient compliance, with a provision referred to in paragraph (a), (b), (c) or (d) is not a bar to the maintenance of an action,

(i) that an action shall be commenced within any period,

(j) that a court may extend a period referred to in paragraph (i), or

(k) for a tender of amends before action to be a defence,

the Act is hereby amended so that it ceases so to provide.

(4) Subsection (3) does not amend an Act so as to affect the operation of:

(a) section 63 of the Workers’ Compensation Act 1926 ,

(c) Division 1 of Part 3 of the Defamation Act 2005 , or

(d) the general law relating to tender before action of a debt or liquidated sum.