Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Subject to this section, if on the date when any right of action accrued for which a period of limitation is prescribed by this Act the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of 6 years, or in the case of any action for which a less number of years is prescribed by this Act as the period of limitation then such less number of years, from the date when the person ceased to be under a disability or died whichever event first occurred notwithstanding that the period of limitation has expired.
(1A) If a person proposing to bring an action to which section 5A applies is a person under a disability when the cause of action accrues or as a result of the cause of action accruing becomes a person under a disability, the period of limitation determined under that section applies when that person ceases to be under a disability or dies, whichever event first occurs.
(2) Subsection (1) does not affect any case where the right of action first accrued to some person (not under a disability) through whom the person under a disability claims.
(3) When a right of action that has accrued to a person under a disability accrues, on the death of that person while still under a disability, to another person under a disability, no further extension of time shall be allowed by reason of the disability of the second person.
(4) No action to recover land or money charged on land shall be brought by virtue of subsection (1) by any person after the expiration of 30 years from the date on which the right of action accrued to that person or some person through whom he claims.
(5) Subsection (1) does not apply to an action to recover a penalty or forfeiture, or sum by way thereof, by virtue of any enactment, except where the action is brought by an aggrieved party.
(6) This section does not apply to an aggrieved party proposing to bring an action under section 5 or 5A unless that aggrieved party proves that he or she or, as the case requires, the person under a disability was not in the custody of a parent or was in the custody of a parent who was a person under a disability at the time when the cause of action accrued.
(7) This section does not apply to an action where a cause of action accrued on or after the commencement day if the parent of a minor under a disability in respect of which the action may be brought is the intended defendant or is in a close relationship with the intended defendant, in which case the period of limitation is 3 years commencing on the date when the plaintiff attains 25 years of age.
(8) For the purpose of subsection (7), a close relationship is a relationship where –
(a) either parent may be directly or indirectly influenced by the intended defendant not to bring an action on behalf of the minor against the intended defendant; or
(b) the minor may be unwilling to disclose to the parent the conduct or events on which the action may be based.
(9) A judge may, if he or she considers it in the interests of justice to do so, extend the period of limitation referred to in subsection (7) to 3 years commencing on the date of discoverability.