26BAProtected defendant must be given notice of incident giving rise to claim

#### 26BA Protected defendant must be given notice of incident giving rise to claim 26BA Protected defendant must be given notice of incident giving rise to claim > > (1) A person (referred to in this Division as a claimant) who makes or is entitled to make a claim against a protected defendant for an award of personal injury damages to which this Part applies must give the protected defendant notice of the incident that gives rise to the claim within 6 months after the relevant date for the claim. > > > (2) The relevant date for the claim is the date of the incident that gives rise to the claim unless the claim is made in respect of the death of a person, in which case the relevant date is the date of the person’s death. > > > (3) Notice of an incident must be in writing and must— > > > > > (a) specify the date of the incident, and > > > > > (b) describe the incident (in ordinary language), and > > > > > (c) state that the incident may give rise to a claim against the protected defendant. > > > (4) Notice given to an officer or employee of a protected defendant is taken to have been given to the protected defendant. > > > (5) Time does not run for the purposes of this section while the claimant is a vulnerable offender under section 26BC. > > **pt 2A, div 1A (ss 26BA–26BD):** Ins 2008 No 84, Sch 1 \[6\].