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Limitation Act 1985
30Disability
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30 Disability
(1) Subject to subsections (2) and (3) and subject to section 32, if—
(a) a person has a cause of action; and
(b) the limitation period fixed by this Act for the cause of action has
begun to run; and
(c) the person is under a disability;
then—
(d) the running of the limitation period is suspended for the duration
of the disability; and
(e) if the cause of action is a cause of action to which section 15
or 19 applies and, apart from this paragraph, the limitation
period would end before the lapse of 2 years after—
(i) the date when he or she last (before the end of the limitation
period) ceases to be under a disability; or
(ii) the date of his or her death;
(whichever is the earlier)—the limitation period is extended so
as to end 2 years after the earlier of those dates; and
(f) in any other case, if, apart from this paragraph, the limitation
period would end before the lapse of 3 years after—
(i) the date when he or she last (before the end of the limitation
period) ceases to be under a disability; or
(ii) the date of his or her death;
(whichever date is the earlier)—the limitation period is extended
so as to end 3 years after the earlier of those dates.
Part 3 Postponement of bar
Division 3.1 General
Section 30A
page 24 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
(2) This section applies whenever a person is under a disability, whether
or not he or she is under the same or another disability at any time
during the limitation period.
(3) This section does not apply to—
(a) a cause of action to recover a penalty or forfeiture or sum by
way of penalty or forfeiture unless the person having the cause
of action is an aggrieved party; or
(b) a cause of action to which section 30B (Special provision in
relation to children—claims relating to health services) applies.