When is the deadline for child's health service claim where the injury is or includes a disease or disorder?
The catalogue records a 6 years period from the day the plaintiff or the plaintiff's parent or guardian first knows or ought reasonably to have first known of the injury or of its relation to another's act or omission, with a separate long-stop running from the day the accident happened. This draft page remains free only until its source, worked example and limits are reviewed.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
A separately reviewed fixture is required before this question can become indexable. The page does not present an unreviewed output as an example.
Calculation basis and source
- Period
- 6 years
- Trigger
- the day the plaintiff or the plaintiff's parent or guardian first knows or ought reasonably to have first known of the injury or of its relation to another's act or omission, with a separate long-stop running from the day the accident happened
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Limitation Act 1985 (ACT) s 36 can extend this period (note to s 30B (3), read with s 36 (6), which excludes only the s 30B (2) period). In considering an extension the court must have regard to the opinion of a medical expert on when the plaintiff or the plaintiff's parent or guardian first knew, or ought reasonably to have first known, of the injury or its relation to another's act or omission (s 30B (4)).
- Added on verification: omitted from the researched catalogue, which asserted that the ACT has no long-stop of the kind found in other states. Section 30B (3) (b) is a genuine 12-year long-stop.