QLDIn ForceAct
Personal Injuries Proceedings Act 2002
sec.20CNotice of claim for damages for child
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### sec.20C Notice of claim for damages for child
A parent or legal guardian of the claimant must give part 1 of a notice of a claim under section 9 for the claimant before the earlier of the following days—
the day 6 years after the day when the parent or legal guardian knew or ought reasonably to have known that the personal injury had occurred;
the day 18 months after the day the parent or legal guardian first consults a practitioner about the possibility of seeking damages for the personal injury.
A practitioner acting for a parent or legal guardian required by subsection (1) to give part 1 of a notice of a claim for a child must, as soon as practicable after being instructed by the parent or legal guardian to give part 1 of the notice to the person against whom the proceeding is proposed to be started, give part 1 of the notice to that person.
A failure by the practitioner to comply with subsection (2) is professional misconduct.
For subsection (1) (b) , consultation by a claimant with a community legal service, whether before or after the commencement of this subsection, is to be disregarded.
s 20C ins 2003 No. 16 s 92
amd 2006 No. 24 s 6 ; 2022 No. 13 s 47
(sec.20C-ssec.1) A parent or legal guardian of the claimant must give part 1 of a notice of a claim under section 9 for the claimant before the earlier of the following days— the day 6 years after the day when the parent or legal guardian knew or ought reasonably to have known that the personal injury had occurred; the day 18 months after the day the parent or legal guardian first consults a practitioner about the possibility of seeking damages for the personal injury.
(sec.20C-ssec.2) A practitioner acting for a parent or legal guardian required by subsection (1) to give part 1 of a notice of a claim for a child must, as soon as practicable after being instructed by the parent or legal guardian to give part 1 of the notice to the person against whom the proceeding is proposed to be started, give part 1 of the notice to that person.
(sec.20C-ssec.3) A failure by the practitioner to comply with subsection (2) is professional misconduct.
(sec.20C-ssec.4) For subsection (1) (b) , consultation by a claimant with a community legal service, whether before or after the commencement of this subsection, is to be disregarded.
- (a) the day 6 years after the day when the parent or legal guardian knew or ought reasonably to have known that the personal injury had occurred;
- (b) the day 18 months after the day the parent or legal guardian first consults a practitioner about the possibility of seeking damages for the personal injury.