Australia · Victoria and ACT limitations
Which period and facts govern ACT personal injury limitation?
The action is not maintainable if brought three years or more after the injury day under section 16B(2)(b). The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action.
- Period
- The action is not maintainable if brought three years or more after the injury day under section 16B(2)(b)
- Trigger
- The actual day the injury happened for the non-disease branch
- Rule
- Limitation Act 1985 (ACT) section 16B
This personal injury limitation review uses official current Limitation Act republication R28, effective November 26, 2025. Limitation Act 1985 (ACT) section 16B controls the stated branch. The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action. The retained Legislation Act republication R126 is effective February 23, 2026; its determinative-provision rules and actual source facts remain relevant.
Source guide · No automated date
Check the applicable procedure
Limitation Act 1985 (ACT) section 16B. The action is not maintainable if brought three years or more after the injury day under section 16B(2)(b). The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action. Establish the actual statutory event, eligibility and completion facts before relying on a filing endpoint. This interim source guide provides no computed or paid date.
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Which period and facts govern ACT personal injury limitation?
The action is not maintainable if brought three years or more after the injury day under section 16B(2)(b). The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action.
Responsible actor. The injured person bringing a damages claim within section 16B and outside sections 16, 16A and16AA.
The actual day the injury happened for the non-disease branch
The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action.
The injured person bringing a damages claim within section 16B and outside sections 16, 16A and16AA. The action is not maintainable if brought three years or more after the injury day under section 16B(2)(b). The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action.
Limitation Act 1985 (ACT) section 16BHow does this provision count time?
- The action is not maintainable if brought three years or more after the injury day under section 16B(2)(b)
- Institute the identified action in the appropriate court.
- The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action.
The action is not maintainable if brought three years or more after the injury day under section 16B(2)(b). Legislation Act section 151 distinguishes periods beginning from or after an event from periods beginning on an event. Its table also distinguishes an ending before a day. Preserve the actual prohibition and paired-anchor wording for personal injury limitation, rather than assuming an inclusive anniversary.
For personal injury limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action. This guide does not infer a generic carried date or import a court-rule vacation exclusion into a statutory limitation.
Limitation Act 1985 (ACT) section 16BWhich facts prevent one automatic date?
Limitation Act 1985 (ACT) section 16B. The action is not maintainable if brought three years or more after the injury day under section 16B(2)(b). The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action. Establish the actual statutory event, eligibility and completion facts before relying on a filing endpoint. This interim source guide provides no computed or paid date.
The injured person bringing a damages claim within section 16B and outside sections 16, 16A and16AA identifies the actual day the injury happened for the non-disease branch. The action is not maintainable if brought three years or more after the injury day under section 16B(2)(b). Institute the identified action in the appropriate court. The injured person bringing a damages claim within section 16B and outside sections 16, 16A and16AA. The action is not maintainable if brought three years or more after the injury day under section 16B(2)(b). The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action.
A proposed endpoint for personal injury limitation coincides with a weekend or a local public holiday. For personal injury limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action. This guide does not infer a generic carried date or import a court-rule vacation exclusion into a statutory limitation. Establish the actual completion place and applicable statutory boundary. The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action.
The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action. The action is not maintainable if brought three years or more after the injury day under section 16B(2)(b). The different or missing facts prevent choosing a single automatic date. Institute the identified action in the appropriate court. The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action.
Which conditions and exceptions apply?
- Actual claimant, action and operative event
- The injured person bringing a damages claim within section 16B and outside sections 16, 16A and16AA. The actual day the injury happened for the non-disease branch.
- Applicable statutory branch and prerequisites
- The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action.
- Exact limitation wording and completion facts
- For personal injury limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action. This guide does not infer a generic carried date or import a court-rule vacation exclusion into a statutory limitation.
- The injured person bringing a damages claim within section 16B and outside sections 16, 16A and16AA. The action is not maintainable if brought three years or more after the injury day under section 16B(2)(b). The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action.
- Personal injury limitation concerns the actual day the injury happened for the non-disease branch. The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action. Disease personal injury limitation requires a separate source classification, so its date does not establish this action’s limitation.
What must the responsible actor complete?
Questions about this procedure
Which period and facts govern ACT personal injury limitation?
What period applies to ACT personal injury limitation?
The action is not maintainable if brought three years or more after the injury day under section 16B(2)(b). The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action.
Limitation Act 1985 (ACT) section 16BWhat actual event controls personal injury limitation?
The actual day the injury happened for the non-disease branch. The injured person bringing a damages claim within section 16B and outside sections 16, 16A and16AA must establish that source event from the actual obligation, claim and records.
Limitation Act 1985 (ACT) section 16BWhat must the claimant complete for personal injury limitation?
Institute the identified action in the appropriate court. The third anniversary is a prohibitory boundary, not an inclusive last filing day; section 36 does not extend a section 16B cause of action. The actual commencement route and source classification require review.
Limitation Act 1985 (ACT) section 16BIs the third anniversary itself an ordinary permitted filing day?
Section16B(2)(b) bars an action brought three years or more after the injury day. This wording must not be converted into an inclusive three-year deadline.
Limitation Act 1985 (ACT) section 16BCan the court extend this under section 36?
No. Section36(5)(b) excludes causes of action to which section 16B applies from section 36. Do not infer a just-and-reasonable extension from the general heading.
Limitation Act 1985 (ACT) section 36What if the injury is or includes a disease?
Section16B(2)(a) has a different actual-knowledge event. Section16B also excludes compensation-to-relatives, specified workers-compensation and motor-accident branches.
Limitation Act 1985 (ACT) section 16BOfficial sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| Limitation Act 1985 (ACT) section 16B | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1985 (ACT) section 16 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1985 (ACT) section 16A | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1985 (ACT) section 16AA | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1985 (ACT) section 30 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1985 (ACT) section 30B | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1985 (ACT) section 36 | Check the identified procedure, event, counting rule or qualification |
| Legislation Act 2001 (ACT) sections 151 and 151A | Check the identified procedure, event, counting rule or qualification |