Western Australian Current Acts

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LIMITATION ACT 2005 - SECT 7

7 .         Special provisions for certain personal injury actions relating to childbirth

        (1)         In this section —

        cause of action (childbirth) means a cause of action for damages relating to a personal injury to a person that was incurred —

            (a)         in the course of the person’s mother giving birth to the person; or

            (b)         immediately after, and arising from, the person’s mother giving birth to the person,

        whether the birth was by way of natural childbirth or a medical procedure.

        (2)         An action on a cause of action (childbirth) cannot be commenced if the cause of action accrued before commencement day and —

            (a)         6 years have elapsed since commencement day; or

            (b)         the limitation period that would have applied but for this section has expired.

        (3)         This section has effect subject to Part 3 but —

            (a)         sections 30 and 31 do not apply; and

            (b)         sections 32 and 41 do not apply if the person has reached 15 years of age at commencement day.

        (4)         For the purposes of the provisions of Part 3 that apply under subsection (3), a cause of action (childbirth) is to be taken as having accrued on commencement day.



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