Document ID: chunk:federal_register_of_legislation:C2004A01348:clause:1_87k
Version: federal_register_of_legislation:C2004A01348
Segment Type: clause
Provision Reference: sch 1 cl 87K
Character Range: 10033–11291

87K  The effect of close relationships

 (1) If:
 (a) a cause of action to which the proceeding relates is founded on the death or injury to a person (the victim) who was a minor at the time of the act or omission alleged to have caused the death or injury; and
 (b) the proceeding is taken against a person who was at that time:
 (i) a parent or guardian of the victim; or
 (ii) a person in a close relationship with a parent or guardian of the victim;
in working out whether the period of 3 years after the date of discoverability, or the long‑stop period, has expired, disregard any period:
 (c) before the victim turns 25; or
 (d) if the victim dies before turning 25—before the victim's death.

 (2) For the purposes of subparagraph (1)(b)(ii), a person is taken to be in a close relationship with a parent or guardian of the victim if the person's relationship with the parent or guardian is such that:
 (a) the person might influence the parent or guardian not to bring a claim on behalf of the victim against the person; or
 (b) the victim might be unwilling to disclose to the parent or guardian the acts, omissions or events in respect of which the cause of action is founded.

Division 3—Limits on personal injury damages for non‑economic loss