Victorian Current Acts

LIMITATION OF ACTIONS ACT 1958 - SECT 27I

    (1)     If a cause of action is founded on the death of or personal injury to a person ( the victim) who was a minor at the date of the act or omission alleged to have resulted in that death or personal injury and the cause of action is against a person who at that date 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 Part, deemed to be 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 long-stop limitation period for the cause of action is the period of 12 years 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 an action on behalf of the victim against the person; or

        (b)     the victim might be unwilling to disclose to the parent or guardian the act or omission alleged to have resulted in the death or personal injury.

    (3)     If the victim dies before turning 25 years of age, the period of limitation 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.

S. 27J inserted by No. 60/2003 s. 14.