New South Wales Consolidated Acts

LIMITATION ACT 1969 - SECT 50E

50E Special limitation period for minors injured by close relatives

(1) If a cause of action is founded on the death of or injury to a person (
"the victim" ) who was a minor at the time of the act or omission alleged to have resulted in that death or injury and the cause of action is against a person who at that time was a parent or guardian of the victim or a close associate of a parent or guardian of the victim--

(a) the cause of action is for the purposes of this Division discoverable by the victim when the victim turns 25 years of age or when the cause of action is actually discoverable by the victim, whichever is the later, and

(b) the 12 year long-stop limitation period for the cause of action is a period of 12 years running from when the victim turns 25 years of age.

(2) A person is a
"close associate" of a parent or guardian of the victim if the person is a person whose relationship with the parent or guardian is such that--

(a) the parent or guardian might be influenced by the person not to bring a claim on behalf of the victim against the person, or

(b) the victim might be unwilling to disclose to the parent or guardian the conduct or events in respect of which the cause of action is founded.

(3) If the victim dies before turning 25 years of age, the limitation period applicable to a survivor action that survives on the death of the victim is to be determined as if references in this section to when the victim turns 25 years of age were references to the death of the victim.