Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if—
(a) a child (the plaintiff ) suffers personal injury that gives rise to a claim for damages; and
(b) a notice of claim has not been given under the Civil Law (Wrongs) Act 2002
, chapter 5 (Personal injuries claims—pre-court procedures), or a proceeding has not been begun in a court, in relation to the claim; and
(c) a limitation period applies to the claim under this Act; and
(d) the limitation period does not end within the relevant period.
(2) The plaintiff (or the plaintiff's parent or guardian) must, within the relevant period, give notice of an intended claim to anyone (the defendant ) claimed to be liable for damages in relation to the claim.
(3) If the injury is claimed to have arisen out of a motor accident, the notice must be given to the insurer for the motor accident claim.
(4) The notice must contain the information required under the regulations.
(5) The plaintiff (or the plaintiff's parent or guardian) must comply with a reasonable request by the defendant—
(a) to provide copies of medical and other records and reports in the possession of the plaintiff (or the plaintiff's parent or guardian) that are relevant to the nature and extent of the plaintiff's injury and any consequent disability; or
(b) to undergo examination, at the defendant's expense, by a medical expert for the purpose of finding out the nature and extent of the plaintiff's injury and any consequent disability.
(6) The defendant may, by written notice given to the plaintiff, require the plaintiff, within 6 months after the day the notice is given, to bring a proceeding in a court so that the claim may be decided by the court.
Note A court may make a finding of liability on the claim independently of making an award of damages on the claim (see Civil Law (Wrongs) Act 2002
, s 107).
(7) Noncompliance with a requirement of this section by the plaintiff does not prevent the plaintiff from bringing a proceeding in a court for damages but, unless the court is satisfied there is compelling reason to excuse the noncompliance, damages must not be awarded in the proceeding to allow or compensate for medical, legal or gratuitous services provided to the plaintiff before the day the proceeding began.
(8) In this section:
"accident" means an incident out of which personal injury arises, and includes a motor accident.
"claim" means a claim (however described) for damages based on a liability for personal injury, whether the liability is based in tort or contract or on another form of action (including breach of statutory duty) but does not include a claim under the Workers Compensation Act 1951
.
"motor accident" means an accident caused by, or arising out of the use of, a motor vehicle.
"motor vehicle" means—
(a) a motor vehicle under the Road Transport (General) Act 1999
; or
Note A light rail vehicle is a motor vehicle under the Road Transport (General) Act 1999
.
(b) any other vehicle operated on a railway or other fixed track.
"relevant period", in relation to a claim, means—
(a) if the injury is or includes a disease or disorder—6 years after the day the plaintiff (or the plaintiff's parent or guardian) first knows—
(i) that the plaintiff has suffered an injury that is or includes a disease or disorder; and
(ii) that the injury is related to someone else's act or omission; or
(b) in any other case—6 years after the day the accident giving rise to the injury happened.