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 > [*\[Section 26A Inserted by No. 52 of 2017, s. 9, Applied:01 Jul 2018\]*](/view/html/inforce/2018-07-01/act-2017-052#GS9@EN) > > > (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)](#GS2@Gs2@Hpb@EN) 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)](#GS2@Gs2@Hpb@EN) 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)](#GS5A@Gs5@EN) , 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)](#GS2@Gs2@Hpb@EN) applies; and > > > > > > > (b) a legal representative of a person to whom [section 2(2)(b)](#GS2@Gs2@Hpb@EN) 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 [section 2(2)(b)](#GS2@Gs2@Hpb@EN) applies. > > > (3)  The running of the limitation period in relation to a cause of action, to which [section 5A(3)](#GS5A@Gs3@EN) applies, that has accrued in relation to a person is suspended for each period in which the person is a relevant person. > > > (4)  A person is a relevant person – > > > > > > (a) while the person is a minor and is not in the custody of a capable parent; or > > > > > > > (b) while the person is a person to whom [section 2(2)(b)](#GS2@Gs2@Hpb@EN) applies for a continuous period of 28 days or more and either – > > > > > > > > > > (i) there is no legal representative in relation to the person; or > > > > > > > > > > > (ii) the legal representative in relation to the person is in a close relationship with the intended defendant. > > > (5)  In determining the date of discoverability in relation to a person who is a minor, facts that are known, or ought to be known, by a capable parent of the minor are taken to be facts that are known, or ought to be known, by the minor. > > > (6)  In determining the date of discoverability in relation to a person to whom [section 2(2)(b)](#GS2@Gs2@Hpb@EN) applies, facts that are known, or ought to be known, by the legal representative in relation to the person are taken to be facts that are known, or ought to be known, by the person. > > > (7)  Nothing in [subsection (5)](#GS26A@Gs5@EN) or [(6)](#GS26A@Gs5@EN) is to be taken to limit the operation of either of those subsections in relation to a person who is both a minor and a person to whom [section 2(2)(b)](#GS2@Gs2@Hpb@EN) applies.