Western Australian Current Acts Western Australian Current Acts (1) If —
(a) a
person ( person A ) is suffering a mental disability at any time after a cause
of action accrues to person A; and
(b)
during the time in which person A is suffering the mental disability a
defendant is a person in a close relationship with person A,
an action on that
cause of action cannot be commenced if 3 years have elapsed since the
relationship ceased.
(2) Subsection (1)
does not apply if Part 2 Division 2 or 3 provides for a longer limitation
period for commencing the action.
(3) Despite subsection
(1), an action on the cause of action cannot be commenced if 30 years have
elapsed since the cause of action accrued.
(4) In subsection (1)
—
defendant includes a person for whom a defendant
is vicariously liable;
person in a close relationship , in relation to
person A, means —
(a) a
guardian of person A; or
(b) a
person ( person B ) whose relationship with person A or a guardian of person A
is such that it is in the circumstances reasonable —
(i)
for person A or the guardian not to commence an action
against person B; or
(ii)
for person A not to wish to divulge the conduct or events
in respect of which an action against person B would be founded.