Victorian Current Acts Victorian Current Acts(1) A person is under a legal incapacity for the purposes of this section while the person—
(a) is a minor, but not while the minor is in the custody of a capable parent or guardian; or
(b) is an incapacitated person for a continuous period of 28 days or more, but not while—
(i) the person is a represented person; and
(ii) the guardian of the person is authorised by law to bring actions in the person's name.
(2) If a person has a cause of action for which a period of limitation has commenced to run and the person is under a legal incapacity, the running of the period of limitation is suspended for the duration of the legal incapacity.
(3) In determining when a cause of action is discoverable by a person who is a minor or an incapacitated person and who is not under a legal incapacity, facts that are known or ought to be known by a capable parent or guardian of the minor or the guardian of the represented person are deemed to be facts that are known or ought to be known by the minor or incapacitated person.
(4) In this section—
"capable parent or guardian" of a minor means a person—
(a) who is a parent or guardian of the minor; and
(b) who is not under a legal incapacity;
S. 27J(4) def. of guardian substituted by No. 13/2019 s. 221(Sch. 1 item 27.2(a)).
"guardian", in relation to a represented person, means the guardian or administrator for that person under the Guardianship and Administration Act 2019 ;
"incapacitated person" means a person who is incapable of, or substantially impeded in, the management of his or her affairs in relation to the cause of action in respect of which the question arises, by reason of any disease or any impairment of his or her physical or mental condition;
S. 27J(4) def. of represented person substituted by No. 13/2019 s. 221(Sch. 1 item 27.2(b)).
"represented person" means a represented person within the meaning of the Guardianship and Administration Act 2019 .
Division 3—Extension of limitation period for personal injury actions
S. 27K inserted by No. 60/2003 s. 14.