Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If —
(a) a
person is under 18 years of age when a cause of action accrues to the
person ( person A ); and
(b)
during any time after the accrual but before person A reaches 18 years of
age a defendant is a person in a close relationship with person A,
an action on that
cause of action cannot be commenced if person A has reached 25 years
of age.
(2)
Subsection (1) does not apply if Part 2 Division 3 provides for
a longer limitation period for commencing the action.
(3) In
subsection (1) —
defendant includes a person for whom a defendant
is vicariously liable;
person in a close relationship , in relation to
person A, means —
(a) a
person ( person B ) who at law has responsibility for —
(i)
the long-term care, welfare and development of person A
before person A reaches 18 years of age; or
(ii)
the day to day care, welfare and development of person A
before person A reaches 18 years of age;
or
(b) a
person ( person C ) whose relationship with person A or person B is such that
it is in the circumstances reasonable —
(i)
for person A or person B not to commence an action
against person C; or
(ii)
for person A not to wish to divulge the conduct or events
in respect of which an action against person C would be founded.