South Australian Current Acts

LIMITATION OF ACTIONS ACT 1936 - SECT 45

45—Persons under legal disability

        (1)         Where the time for bringing an action or proceeding is limited by this Act, or any other Act or law, and the person who is entitled to bring the action or proceeding is under a legal disability, the time for bringing that action or proceeding shall, subject to subsection (3) of this section, be extended by the period or periods for which the disability exists or continues after the time at which the right to bring the action or proceeding arose.

        (2)         For the purposes of this section a person is under a legal disability in relation to an action or proceeding while he remains a child or while he is subject to a mental deficiency, disease or disorder by reason of which he is incapable of reasoning or acting rationally in relation to the action or proceeding that he is entitled to bring.

        (3)         No period of limitation shall be extended by this section to more than thirty years from the time at which the right to bring the action or proceeding arose.