Northern Territory Consolidated Acts

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PERSONAL INJURIES (CIVIL CLAIMS) ACT - SECT 8

Claimant to give notice of claim

8. Claimant to give notice of claim

(1) A claimant must give written notice of his or her claim to the respondent -

(a) within 12 months after the day when the incident in relation to the personal injury occurred; or

(b) if symptoms of the personal injury are not immediately apparent on the occurrence of the incident - within 12 months after the day on which the symptoms first appear.

(2) A notice of claim is to be in the form prescribed by the Rules and is to be accompanied by the documents (if any) specified by the Rules.

(3) A claimant may give a notice of claim after the expiry of the period referred to in subsection (1) only if -

(a) the claimant has a reasonable reason for the delay and gives that reason in the notice of claim; or

(b) the Court grants the claimant leave to do so.

(4) For the purposes of (but without limiting) subsection (3)(a), the claimant is taken to have a reasonable reason for delay in giving a notice of claim if he or she -

(a) has made a complaint about the respondent under the Health and Community Services Complaints Act before the expiry of the period within which he or she is required to give notice under subsection (1); and

(b) gives a notice of claim to the respondent as soon as practicable after the complaint has been dealt with under the Health and Community Services Complaints Act .

(5) An action to claim damages for a personal injury to which section 12(1)(b) of the Limitation Act applies is maintainable after the expiry of the limitation period, despite no proceeding having been commenced, if a notice of claim has been given within the period referred to in subsection (1) or as extended in accordance with the Rules.



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