Commonwealth Consolidated Acts

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The effect of close relationships

             (1)  If:

                     (a)  a cause of action to which the proceeding relates is founded on the death or injury to a person (the victim ) who was a minor at the time of the act or omission alleged to have caused the death or injury; and

                     (b)  the proceeding is taken against a person who was at that time:

                              (i)  a parent or guardian of the victim; or

                             (ii)  a person in a close relationship with a parent or guardian of the victim;

in working out whether the period of 3 years after the date of discoverability, or the long-stop period, has expired, disregard any period:

                     (c)  before the victim turns 25; or

                     (d)  if the victim dies before turning 25--before the victim's death.

             (2)  For the purposes of subparagraph (1)(b)(ii), a person is taken to be in a close relationship with a parent or guardian of the victim if the person's relationship with the parent or guardian is such that:

                     (a)  the person might influence the parent or guardian not to bring a claim on behalf of the victim against the person; or

                     (b)  the victim might be unwilling to disclose to the parent or guardian the acts, omissions or events in respect of which the cause of action is founded.

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