Disability
30 Disability
Subject to subsections (2) and (3) and subject to section 32, if—
a person has a cause of action; and
the limitation period fixed by this Act for the cause of action has begun to run; and
the person is under a disability;
then—
the running of the limitation period is suspended for the duration of the disability; and
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—
the date when he or she last (before the end of the limitation period) ceases to be under a disability; or
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
in any other case, if, apart from this paragraph, the limitation period would end before the lapse of 3 years after—
the date when he or she last (before the end of the limitation period) ceases to be under a disability; or
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.
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.
This section does not apply to—
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
a cause of action to which section 30B (Special provision in relation to children—claims relating to health services) applies.
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