Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 302

302 Alteration of period of limitation

(1) A claimant may bring a proceeding for damages for a personal injury—

(a) within the period of limitation (the
"general limitation period" ) allowed for bringing a proceeding for damages for personal injury under the Limitations of Actions Act 1974 ; or

(b) if schedule 5 provides for a different period for bringing the proceeding—within the period mentioned in schedule 5 .

(2) A claimant may bring a proceeding for damages for personal injury after the end of the period mentioned in subsection (1) only if—

(a) before the end of that period—

(i) the claimant gives, or is taken to have given, a complying notice of claim; or

(ii) the claimant gives a notice of claim for which the insurer waives compliance with the requirements of section 275 with or without conditions; or

(iii) a court makes a declaration under section 297 ; or

(iv) a court gives leave under section 298 ; and

(b) the claimant complies with section 295 .

(3) However, the proceeding must be brought within 60 days after a compulsory conference for the claim is held.