16AClaims for common law compensation for workers

16A Claims for common law compensation for workers compensation (1) This section applies to a cause of action, other than a cause of action that is a claim for compensation under the Workers Compensation Act 1951, if— (a) the cause of action relates to a personal injury that is a compensable injury under the Workers Compensation Act 1951; and (b) a claim could be, or could have been, made in relation to the cause of action under the Workers Compensation Act 1951 if notice of the injury had been given as required under that Act. (2) The action is not maintainable if brought 3 or more years after the day the injury happened. 16AA Motor accident claims (1) This section applies to a cause of action that is a motor accident claim under the Motor Accident Injuries Act 2019, chapter 5 (Motor accident injuries—common law damages). (2) The cause of action is not maintainable if brought 5 years or more after the day the injury happened. Note 1 Under the Motor Accident Injuries Act 2019, s 166, a person who has had a WPI assessment has 3 months from the latest of the following dates to make a motor accident claim: (a) if the person receives a notice under that Act, s 141 (5)—the date that is 26 weeks after the date of the notice; (b) if the person receives a notice under that Act, s 157 (3) or s 164 (2)—the due date for the notice.

Part 2 Periods of limitation and related matters Division 2.2 General Section 16B page 8 Limitation Act 1985 Effective: 26/11/25 R28 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Note 2 Under the Motor Accident Injuries Act 2019, s 220, a person who receives a notice under that Act, s 213 (4) has 3 months from the date of the notice to make a motor accident claim.