Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 27B

Application

27B. Application



(1) This Part applies to a cause of action for damages that relate to the
death of or personal injury to a person, regardless of whether the action for
damages is founded in tort, in contract, under statute or otherwise.

(2) This Part does not apply to the following-

   (a)  actions for damages to which Part IV of the
        Accident Compensation Act 1985 applies;

   (b)  actions for damages in respect of an injury which entitles, or may
        entitle, a worker within the meaning of the
        Workers Compensation Act 1958 to compensation under that Act;

   (c)  actions for damages to which Part 6 or Part 10 of the
        Transport Accident Act 1986 applies;

   (d)  actions for damages in respect of an injury that is a dust-related
        condition within the meaning of the
        Administration and Probate Act 1958;

   (e)  actions for damages in respect of an injury resulting from smoking or
        other use of tobacco products (within the meaning of the
        Tobacco Act 1987) or exposure to tobacco smoke.





(3) This Part extends to a cause of action that-

   (a)  is a survivor action; or

   (b)  is an action that arises under Part III of the Wrongs Act 1958.

(4) This Part applies despite anything to the contrary in section 159(3) of
the Fair Trading Act 1999.

Division 2-Limitation period for personal injury actions