Limitation Act 1969

If a person has a cause of action for which a limitation period has commenced to run and the person is under a disability, the running of the limitation period is suspended for the duration of the disability.

A person is under a disability while the person—

is a minor, but not while the minor has a capable parent or guardian, or

is an incapacitated person for a continuous period of 28 days or more, but not while the person is a protected person.

In determining when a cause of action is discoverable by a person who is a minor, or an incapacitated person, who is not under a disability, facts that are known or ought to be known by a capable parent or guardian of the minor or the guardian of the incapacitated person are taken to be facts that are known or ought to be known by the minor or incapacitated person.

In this section—

any disease or any impairment of his or her physical or mental condition, or

restraint of his or her person, lawful or unlawful, including detention or custody under the Mental Health Act 1990, or

war or warlike operations or circumstances arising out of war or warlike operations.

a person in respect of whose person another person is guardian, whether under the Guardianship Act 1987 or any other Act or law, or

a person in respect of whom an order is in force under the NSW Trustee and Guardian Act 2009 or the Guardianship Act 1987 that the estate (or any part of the estate) of the person be subject to management under the NSW Trustee and Guardian Act 2009.

Sections 52 (Disability) and 53 (Notice to proceed) do not apply to a cause of action to which this Division applies.