When is the deadline for child's personal injury claim relating to the provision of a health service?
The catalogue records a 6 years period from the day the accident giving rise to the injury happened. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 years
- Trigger
- the day the accident giving rise to the injury 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.
- None. Limitation Act 1985 (ACT) s 36 (6) provides that s 36 does not apply in relation to the period mentioned in s 30B (2), and s 30 (3) (b) provides that the disability rules in s 30 do not apply to a cause of action to which s 30B applies.
- Added on verification: omitted from the researched catalogue. The section applies where a child suffers personal injury giving rise to a claim relating to the provision of a health service, other than a claim to which s 21C (child abuse) applies (s 30B (1)). "Health service" is defined by reference to the Human Rights Commission Act 2005 (ACT) s 7 (1) and (3) (a). This is a hard bar: neither the s 36 discretion nor the s 30 disability suspension is available, so a child's medical negligence claim can be statute-barred while the child is still a minor.