(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.