Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) Before a claimant brings a proceeding against someone else (a respondent ) based on a claim in relation to a personal injury, the claimant must give the respondent written notice of the claim.
Note 1 A proceeding must be brought before the end of the relevant limitation period (if any) under the Limitation Act 1985
.
Note 2 The Limitation Act 1985
does not apply a limitation period to child abuse claims (see that Act
, s 21C).
Note 3 If a form is approved under s 222 for a notice of claim, the form must be used.
(2) The notice must—
(a) contain a statement of the information required by regulation; and
(b) authorise each of the following to have access to the records and sources of information relevant to the claim that are required by regulation:
(i) the respondent;
(ii) if the respondent is insured against the claim—the respondent's insurer for the claim; and
(c) be accompanied by the documents required by regulation.
(3) For a proceeding not based on a motor accident claim or child abuse claim, the notice must be given within the period that ends on the earlier of the following days:
(a) the day that is 9 months after—
(i) the day the accident giving rise to the personal injury happened; or
(ii) if symptoms of the injury are not immediately apparent—the day symptoms of the injury first appear;
(b) the day that is 4 months after the later of the following days:
(i) the day the claimant first instructs a lawyer to provide advice about seeking damages for the personal injury;
(ii) the day the respondent is identified.
(4) For a proceeding based on a motor accident claim, the notice must be given within 3 months after the latest of the following days:
(a) if the claimant is taken, under the Motor Accident Injuries Act 2019
, section 133 (WPI taken to be 10% in certain circumstances), to have a WPI of 10% as a result of the motor accident—the day the claimant receives information under the Motor Accident Injuries Act 2019
stating that the claimant is taken to have a WPI of 10%;
(b) if the claimant receives a notice under the Motor Accident Injuries Act 2019
, section 141 (5) (WPI assessment 4 years 6 months after motor accident)—the date that is 26 weeks after the date of the notice;
(c) if the claimant receives a notice under the Motor Accident Injuries Act 2019
, section 157 (2) (WPI 10% or more—injured person entitled to make motor accident claim)—the due date stated in the notice;
(d) if the claimant receives a notice under the Motor Accident Injuries Act 2019
, section 164 (2) (Final offer WPI 10% or more—injured person entitled to make motor accident claim)—the due date stated in the notice;
(e) if the claimant applies to the ACAT for review of a final offer WPI decision under the Motor Accident Injuries Act 2019
, section 162 (1) (Final offer WPI 5% to 9%), section 163 (1) (Final offer WPI 10% or more—injured person not entitled to make motor accident claim) or section 164 (1) and the ACAT makes an order under that Act
, section 197 (External review—decision) to the effect that the claimant has a WPI of at least 10% and is entitled to make a motor accident claim—
(i) if no appeal from the order is made—the date the appeal period for the order ends; or
(ii) if an appeal from the order is made—the date the appeal is finally decided;
(f) if the claimant receives a notice under the Motor Accident Injuries Act 2019
, section 213 (4) (SOI report—injury has significant occupational impact) stating that the claimant is taken to have a WPI of 10% for this Act—the date of the notice;
(g) if the claimant applies to the ACAT for review of an SOI report under the Motor Accident Injuries Act 2019
, section 214 (SOI report—no significant occupational impact) and the ACAT makes an order under that Act
, section 218 (1) (b) (ACAT review—decision)—
(i) if no appeal from the order is made—the date the appeal period for the order ends; or
(ii) if an appeal from the order is made—the date the appeal is finally decided.
Note This chapter does not apply to a claim for which a notice has been given by or for the claimant under the Limitation Act 1985
, s 30A (2) (see s 50).
(5) For a proceeding based on a child abuse claim, the notice must be given within a reasonable time before the claimant brings the proceeding against the respondent.
Note If the notice is not given as required under s (5), the obligation to give the notice continues until it is given (see Legislation Act
, s 152).
(6) If the claimant is a child, the claimant's parent or legal guardian may give the notice for the claimant.
Note For another procedure for a claim in relation to a personal injury suffered by a child, see the Limitation Act 1985
, s 30A (Special provision for injuries to children).
(7) If the notice is not given within the period required under subsection (3), a reasonable excuse for the delay must be given in the notice or by separate written notice to the respondent.
Note If the notice is not given as required under s (3), the obligation to give the notice continues until it is given (see Legislation Act
, s 152).
(8) Without limiting subsection (7), an excuse is reasonable if it is prescribed by regulation for this section.
(9) If the respondent knows of anyone else (a relevant person ) against whom a proceeding based on the claim may be begun by the claimant, the respondent must, within the period prescribed by regulation (or, if no period is prescribed, within 1 month after the day the respondent receives the notice)—
(a) give a copy of the notice to each relevant person; and
(b) tell the claimant in writing about each relevant person and give the claimant a short written statement explaining why each of them may be a relevant person.
(10) If the respondent is a child, the respondent's parent or legal guardian may comply with subsection (9) for the respondent.