Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) This section applies only to an action where the cause of action accrues on or after the commencement day.
(2) For the purpose of this section, "personal injury" includes any disease and any impairment of a person's physical or mental condition.
(3) An action for damages for negligence, nuisance or breach of duty (whether that duty exists by virtue of a contract or a provision made by or under an enactment or independently of any contract or any such provision), where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of, or include, damages in respect of personal injuries to any person, must not be brought after the expiration of whichever of the following periods of limitation is the earlier:
(a) 3 years commencing on the date of discoverability;
(b) 12 years commencing on the date of the act or omission which it is alleged resulted in the personal injury or death that is the subject of the action.
(4) An action for damages under the Fatal Accidents Act 1934 in respect of the death of a person is taken to be an action referred to in subsection (3).
(5) A judge may extend the period of limitation referred to in subsection (3)(b) to the expiry of 3 years commencing on the date of discoverability having regard to the justice of the case and, in particular to –
(a) whether the passage of time has prejudiced a fair trial of the action; and
(b) the nature and extent of the plaintiff's loss; and
(c) the nature of the defendant's conduct.
(6) The periods of limitation specified in subsection (3)(a) and (b) apply to the personal representative of a deceased person commencing at the earliest of the following times:
(a) the date when the deceased person knew that personal injury –
(i) had occurred; and
(ii) was attributable to the conduct of the defendant; and
(iii) was sufficiently significant to warrant bringing proceedings;
(b) the date when the personal representative was appointed, if he or she knew or ought to have known the date of discoverability at that time;
(c) the date when the personal representative first knew or ought to have known the date of discoverability, if he or she acquired that knowledge or ought to have acquired that knowledge after being appointed to that position.