Limitation Amendment Act 2004 (TAS)

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Limitation Amendment Act 2004

An Act to amend the Limitation Act 1974 and the Workers Rehabilitation and Compensation Act 1988

[Royal Assent 17 December 2004]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Limitation Amendment Act 2004 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Limitation Act 1974 is referred to as the Principal Act. 4Section 2 amended (Interpretation) Section 2(1) of the Principal Act is amended by inserting after the definition of action the following definitions: commencement day means the day on which the Limitation Amendment Act 2004 commences; date of discoverability, in the case of an action for damages for personal injuries, means the date when the plaintiff knew or ought to have known that personal injury or death – (a) had occurred; and (b) was attributable to the conduct of the defendant; and (c) in the case of personal injury, was sufficiently significant to warrant bringing proceedings; 5Section 5 amended (Actions in respect of personal injuries incurred before commencement day) Section 5 of the Principal Act is amended by inserting after subsection (1) the following subsection: (1A)  This section applies only to an action where the cause of action accrued before the commencement day. 6Section 5A insertedAfter section 5 of the Principal Act , the following section is inserted in Division 2: 5AActions in respect of personal injuries incurred on or after commencement day (1)  This section applies only to an action where the cause of action accrues on or after the commencement day. (2)  For the purpose of this section, "personal injury" includes any disease and any impairment of a person’s physical or mental condition. (3)  An action for damages for negligence, nuisance or breach of duty (whether that duty exists by virtue of a contract or a provision made by or under an enactment or independently of any contract or any such provision), where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of, or include, damages in respect of personal injuries to any person, must not be brought after the expiration of whichever of the following periods of limitation is the earlier: (a) 3 years commencing on the date of discoverability; (b) 12 years commencing on the date of the act or omission which it is alleged resulted in the personal injury or death that is the subject of the action. (4)  An action for damages under the Fatal Accidents Act 1934 in respect of the death of a person is taken to be an action referred to in subsection (3) . (5)  A judge may extend the period of limitation referred to in subsection (3)(b) to the expiry of 3 years commencing on the date of…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.