{"id":"limitation-of-actions-section-45a-notice-regulations-2019","name":"Limitation of Actions (Section 45A Notice) Regulations 2019","slug":"limitation-of-actions-section-45a-notice-regulations-2019","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236087,"registerId":"sa-limitation-of-actions-section-45a-notice-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Limitation of Actions (Section 45A Notice) Regulations 2019","content":"South Australia\nLimitation of Actions (Section 45A Notice) Regulations 2019\nunder the Limitation of Actions Act 1936\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tSection 45A notice\nSchedule 1—Revocation\n1\tRevocation of Limitation of Actions (Section 45A Notice) Regulations 2004\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Limitation of Actions (Section 45A Notice) Regulations 2019.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Limitation of Actions Act 1936.\n4—Section 45A notice\nNotice of an intended action for damages required to be given under section 45A of the Act must contain—\n\t(a)\tthe name and date of birth of the person who has suffered personal injury (the plaintiff); and\n\t(b)\tif the plaintiff is still a child as at the date of the notice—the name of the person giving notice on behalf of the plaintiff and the relationship of that person to the plaintiff; and\n\t(c)\tthe address to which correspondence with, or on behalf of, the plaintiff must be directed; and\n\t(d)\tthe following details about the incident out of which it is alleged the personal injury arose:\n\t(i)\tthe date of the incident;\n\t(ii)\tthe place at which the incident occurred;\n\t(iii)\ta brief description of the circumstances of the incident; and\n\t(e)\tthe name of the person or persons alleged to be liable in damages (the defendant) for the personal injury suffered by the plaintiff; and\n\t(f)\ta statement that the plaintiff intends to take action for damages against the defendant.\nSchedule 1—Revocation\n1—Revocation of Limitation of Actions (Section 45A Notice) Regulations 2004\nThe Limitation of Actions (Section 45A Notice) Regulations 2004 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2019\n49\nGazette 23.5.2019 p1380 \n23.5.2019: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument replaces the 2004 regulations (Schedule 1) and prescribes the required content of a section 45A notice (reg 4). It does not expand the class of matters caught by section 45A of the Act; it formalises the information prospective plaintiffs must provide to notify intent to sue and thereby centralises the compliance obligation on plaintiffs (reg 4)."},"complexity_factors":["Very narrow substantive scope — prescribes contents of one statutory notice (reg 4)","Simple, plain-language requirements (names, DOB, address, incident details, defendant, statement)","Cross-references to parent Act (section 45A) but no new legal tests or thresholds","Low administrative discretion — rigid list limits interpretation issues","Creates modest compliance burden on prospective plaintiffs to supply specific personal and incident information","Revokes earlier instrument (Schedule 1), requiring attention to transitional administrative updating"],"plain_english_summary":"These regulations set out exactly what must be in a notice under section 45A of the Limitation of Actions Act 1936: the injured person’s name and date of birth, a notifier for child plaintiffs, a correspondence address, basic incident particulars (date, place, brief circumstances), the name of the person alleged to be liable, and a statement of intent to sue (reg 4). They apply to anyone about to start a personal-injury claim in South Australia and allocate the compliance cost of supplying these particulars to prospective plaintiffs."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope change as the legislative text was not available. Based on the title, this appears to be a narrow, procedural regulation dealing specifically with notice requirements under Section 45A of the Limitation of Actions Act — consistent with a tightly scoped instrument."},"complexity_factors":["Actual legislative text was not retrievable — analysis is based on title inference only","Regulations of this type are typically narrow in scope, dealing with procedural form requirements","The parent Act (Limitation of Actions Act) involves some complexity around time limits and exceptions, but this specific regulation likely addresses a single procedural mechanism","Complexity cannot be fully assessed without the actual text"],"plain_english_summary":"These regulations (South Australia) set out the rules for the Section 45A notice under the Limitation of Actions framework — i.e., how a formal notice tied to limitation periods must be given. They affect anyone starting or defending time‑barred claims in SA because the notice’s required form, content or process can determine whether limitation rules are properly triggered."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain their original narrow purpose: prescribing the content of pre-litigation notices for personal injury claims. The 2019 version appears to be a straightforward re-enactment/update of the 2004 regulations, with no expansion into new areas or significant policy changes."},"complexity_factors":["Only 4 substantive sections (short title, commencement, interpretation, and the notice requirements)","Single defined term ('Act') in the interpretation section","No cross-references to other legislation beyond the parent Act","Simple, linear structure with no conditional logic or exceptions","Straightforward list format for notice requirements (paragraphs (a) through (f))","No nested provisions or subordinate regulations referenced","Schedule 1 contains only a simple revocation of previous regulations"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the specific information that must be included in a formal warning letter (called a \"section 45A notice\") that someone sends before suing for personal injury in South Australia.\n\n**Who it affects:**\n\n- **People injured in accidents** (the \"plaintiff\") who want to claim compensation\n- **Parents or guardians** acting on behalf of injured children\n- **The person or organisation being sued** (the \"defendant\") — such as businesses, property owners, or individuals alleged to be responsible for the injury\n\n**Why it matters:**\n\nSouth Australian law requires injured people to give advance warning before starting a court case for damages. These regulations specify exactly what details must be in that warning notice. Getting this wrong could mean:\n- The notice is invalid\n- The injured person might lose their right to claim compensation\n- The defendant might not have proper opportunity to investigate or settle the claim early\n\n**What must be in the notice:**\n\n- The injured person's **name and date of birth**\n- If the injured person is a **child**: who is giving notice on their behalf and how they're related\n- An **address** for correspondence\n- **Details about the incident**: when and where it happened, plus a brief description of what occurred\n- The **name of who is being blamed** (the defendant)\n- A clear **statement that legal action is intended**\n\n**What else the regulations do:**\n\nThey replace and cancel the previous 2004 version of these rules, ensuring the requirements stay up to date."}},"importantCases":[],"_links":{"self":"/api/acts/limitation-of-actions-section-45a-notice-regulations-2019","history":"/api/acts/limitation-of-actions-section-45a-notice-regulations-2019/history","analysis":"/api/acts/limitation-of-actions-section-45a-notice-regulations-2019/analysis","conflicts":"/api/acts/limitation-of-actions-section-45a-notice-regulations-2019/conflicts","importantCases":"/api/acts/limitation-of-actions-section-45a-notice-regulations-2019/important-cases","documents":"/api/acts/limitation-of-actions-section-45a-notice-regulations-2019/documents"}}