South Australian Current Acts

LIMITATION OF ACTIONS ACT 1936 - SECT 45A

45A—Special provision regarding children

        (1)         If—

            (a)         a child (the "plaintiff") suffers personal injury; and

            (b)         the time for bringing an action for damages is extended by this Act to more than 6 years from the date of the incident out of which the injury arose (the "relevant date"),

notice of an intended action must be given within 6 years after the relevant date by, or on behalf of, the child to the person or persons alleged to be liable in damages (the "defendant").

Exception—

If the injury arises from an intentional tort and the action is to be brought against the person who actually committed the tort, notice of the action need not be given to that person, but if any other person is alleged to be liable for the tort, notice must be given to that other person.

        (2)         If the injury is alleged to have arisen out of a motor accident, the notice must be given to the relevant third-party insurer.

        (3)         The notice is to contain the information required by regulation.

        (4)         The plaintiff (or, if the plaintiff is still a child, 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 or power of the plaintiff (or the plaintiff's parent or guardian) relevant to the nature and extent of the plaintiff's injury and any consequent disability; or

            (b)         to undergo examination, at the expense of the defendant, by a medical expert for the purpose of ascertaining the nature and extent of the plaintiff's injury and any consequent disability.

        (5)         The defendant may, by written notice to the plaintiff (or, if the plaintiff is still a child, the plaintiff's parent or guardian) require the plaintiff, within 6 months after the date of the notice, to bring an action so that the claim may be judicially determined.

        (6)         In any such action, the court may, if it thinks it appropriate, exercise its power to make a determination of liability and adjourn final assessment of damages until a later date.

        (7)         Non-compliance with a requirement of this section on the part of a plaintiff does not prevent the plaintiff from bringing an action for damages but unless the court is satisfied that there is good reason to excuse the non-compliance—

            (a)         no damages will be allowed in such an action to compensate or allow for medical or gratuitous services provided before the date the action was commenced; and

            (b)         no legal or other costs incurred in contemplation of the action or a possible action will be allowed.