50FEffect of disability on limitation period

#### 50F Effect of disability on limitation period 50F Effect of disability on limitation period > > (1) If a person has a cause of action for which a limitation period has commenced to run and the person is under a disability, the running of the limitation period is suspended for the duration of the disability. > > > (2) A person is under a disability while the person— > > > > > (a) is a minor, but not while the minor has a capable parent or guardian, or > > > > > (b) is an incapacitated person for a continuous period of 28 days or more, but not while the person is a protected person. > > > (3) In determining when a cause of action is discoverable by a person who is a minor, or an incapacitated person, who is not under a disability, facts that are known or ought to be known by a capable parent or guardian of the minor or the guardian of the incapacitated person are taken to be facts that are known or ought to be known by the minor or incapacitated person. > > > (4) In this section— > > > > capable parent or guardian of a minor means a person who is a parent or guardian of the minor and who is not under a disability (as referred to in subsection (2)). > > > > guardian of a minor includes a person who under a written law of the State is exercising the parental responsibilities of the Minister under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) for the minor. > > > > incapacitated person means a person who is incapable of, or substantially impeded in, the management of his or her affairs in relation to the cause of action in respect of the limitation period for which the question arises, by reason of— > > > > > (a) any disease or any impairment of his or her physical or mental condition, or > > > > > (b) restraint of his or her person, lawful or unlawful, including detention or custody under the [Mental Health Act 1990](/view/html/repealed/current/act-1990-009), or > > > > > (c) war or warlike operations or circumstances arising out of war or warlike operations. > > > > protected person means— > > > > > (a) a person in respect of whose person another person is guardian, whether under the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257) or any other Act or law, or > > > > > (b) a person in respect of whom an order is in force under the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049) or the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257) that the estate (or any part of the estate) of the person be subject to management under the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049). > > > (5) Sections 52 (Disability) and 53 (Notice to proceed) do not apply to a cause of action to which this Division applies. > > **s 50F:** Ins 2002 No 92, Sch 4.6 \[5\]. Am 2009 No 49, Sch 2.35 \[2\].