Civil proceedings
215B Civil proceedings
Civil proceedings in relation to an act done or omitted to be done by a person under this Act must be started within 3 years after the act was done or omitted to be done (the limitation period).
However, if a person with a cause of action under subsection (1) is subject to a disability during any part of the limitation period:
the running of the limitation period is suspended for the duration of the disability; and
the limitation period expires 3 years after the earlier of:
the date on which the person ceased to be under a disability; or
the death of the person.
For subsection (1A), a person is subject to a disability if:
the person is under the age of 18 years; or
the person is serving a term of detention or imprisonment after being convicted of an offence.
Subsection (1A) applies to person who is subject to a disability, whether or not the person is subject to the same or another disability at any time during the limitation period.
Subsection (1A) does not operate to extend a limitation period to more than 30 years from the date when the cause of action arose.
However, subsection (1) does not prevent a court exercising its jurisdiction under section 44 of the Limitation Act 1981.
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