26AExtension of limitation period in relation to personal injury or death of person who is or was under disability

26A Extension of limitation period in relation to personal injury or death of person who is or was under disability

[Section 26A Inserted by No. 52 of 2017, s. 9, Applied:01 Jul 2018]

(1)  In this section –

capable parent, in relation to a minor, means a person –

(a) who is a parent of the minor; and

(b) who is not under a disability; and

(c) who is not the intended defendant or a parent who is in a close relationship with the intended defendant;

legal representative, in relation to a person to whom section 2(2)(b) applies, means a person –

(a) who has legal authority to commence and conduct legal actions on behalf of the person to whom section 2(2)(b) applies; and

(b) who is not the intended defendant;

limitation period in relation to an action, means –

(a) the period of 3 years from the date of discoverability in relation to the action; or

(b) if an extension to the period of limitation is granted under section 5A(5) , the period of 6 years from the date of discoverability in relation to the action.

(2)  For the purposes of this section –

(a) a parent of a minor is in a close relationship with an intended defendant if the parent, or another parent, may be directly or indirectly influenced by the intended defendant not to bring an action against the intended defendant on behalf of the minor or person to whom section 2(2)(b) applies; and

(b) a legal representative of a person to whom section 2(2)(b) applies is in a close relationship with an intended defendant if the legal representative may be directly or indirectly influenced by the intended defendant not to bring an action against the intended defendant on behalf of the person to whom applies.