LIMITATION OF ACTIONS ACT 1958 - SECT 27B Application
LIMITATION OF ACTIONS ACT 1958 - SECT 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—
S. 27B(2)(a) amended by No. 67/2013 s. 649(Sch. 9 item 21).
(a) actions for damages to which Part IV of the Accident Compensation Act 1985 or Part 7 of the Workplace Injury Rehabilitation and Compensation Act 2013 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 .
S. 27B(4) amended by Nos 72/2010 s. 48(Sch. item 15(2)), 21/2012 s. 239(Sch. 6 item 25.2).
(4) This Part applies despite anything to the contrary in section 217(4) of the Australian Consumer Law and Fair Trading Act 2012 or section 236(2) of the Australian Consumer Law (Victoria).
Division 2—Limitation period for personal injury actions
S. 27C inserted by No. 60/2003 s. 14.