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.