Australia · Victoria and ACT limitations
Which period and facts govern ACT disease personal injury limitation?
The action is not maintainable if brought three years or more after the knowledge day under section 16B(2)(a). Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36.
- Period
- The action is not maintainable if brought three years or more after the knowledge day under section 16B(2)(a)
- Trigger
- First actual knowledge both of the disease injury and its relationship to another person’s act or omission
- Rule
- Limitation Act 1985 (ACT) section 16B
This disease 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. Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36. 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 knowledge day under section 16B(2)(a). Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36. 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 disease personal injury limitation?
The action is not maintainable if brought three years or more after the knowledge day under section 16B(2)(a). Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36.
Responsible actor. The injured person whose section 16B injury is or includes a disease or disorder.
First actual knowledge both of the disease injury and its relationship to another person’s act or omission
Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36.
The injured person whose section 16B injury is or includes a disease or disorder. The action is not maintainable if brought three years or more after the knowledge day under section 16B(2)(a). Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36.
Limitation Act 1985 (ACT) section 16BHow does this provision count time?
- The action is not maintainable if brought three years or more after the knowledge day under section 16B(2)(a)
- Institute the identified action in the appropriate court.
- Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36.
The action is not maintainable if brought three years or more after the knowledge day under section 16B(2)(a). 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 disease personal injury limitation, rather than assuming an inclusive anniversary.
For disease personal injury limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36. 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 knowledge day under section 16B(2)(a). Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36. 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 whose section 16B injury is or includes a disease or disorder identifies first actual knowledge both of the disease injury and its relationship to another person’s act or omission. The action is not maintainable if brought three years or more after the knowledge day under section 16B(2)(a). Institute the identified action in the appropriate court. The injured person whose section 16B injury is or includes a disease or disorder. The action is not maintainable if brought three years or more after the knowledge day under section 16B(2)(a). Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36.
A proposed endpoint for disease personal injury limitation coincides with a weekend or a local public holiday. For disease personal injury limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36. 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. Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36.
Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36. The action is not maintainable if brought three years or more after the knowledge day under section 16B(2)(a). The different or missing facts prevent choosing a single automatic date. Institute the identified action in the appropriate court. Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36.
Which conditions and exceptions apply?
- Actual claimant, action and operative event
- The injured person whose section 16B injury is or includes a disease or disorder. First actual knowledge both of the disease injury and its relationship to another person’s act or omission.
- Applicable statutory branch and prerequisites
- Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36.
- Exact limitation wording and completion facts
- For disease personal injury limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36. This guide does not infer a generic carried date or import a court-rule vacation exclusion into a statutory limitation.
- The injured person whose section 16B injury is or includes a disease or disorder. The action is not maintainable if brought three years or more after the knowledge day under section 16B(2)(a). Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36.
- Disease personal injury limitation concerns first actual knowledge both of the disease injury and its relationship to another person’s act or omission. Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36. 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 disease personal injury limitation?
What period applies to ACT disease personal injury limitation?
The action is not maintainable if brought three years or more after the knowledge day under section 16B(2)(a). Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36.
Limitation Act 1985 (ACT) section 16BWhat actual event controls disease personal injury limitation?
First actual knowledge both of the disease injury and its relationship to another person’s act or omission. The injured person whose section 16B injury is or includes a disease or disorder must establish that source event from the actual obligation, claim and records.
Limitation Act 1985 (ACT) section 16BWhat must the claimant complete for disease personal injury limitation?
Institute the identified action in the appropriate court. Both knowledge elements and the section 16B classification are necessary; section 36(5)(b) excludes this cause of action from section 36. The actual commencement route and source classification require review.
Limitation Act 1985 (ACT) section 16BWhat must the person actually know?
Section16B(2)(a) requires knowledge of the injury that is or includes disease or disorder and that the injury relates to someone else’s act or omission. Establish both.
Limitation Act 1985 (ACT) section 16BDoes the source use constructive knowledge here?
Section16B(2)(a) says first knows. The distinct child-health disease provision in section 30B(3) also addresses what the plaintiff or parent or guardian ought reasonably to have known.
Limitation Act 1985 (ACT) section 30BIs this disease branch extendable under section 36?
No. Section36(5)(b) excludes all causes of action to which section 16B applies, including its disease or disorder branch.
Limitation Act 1985 (ACT) section 36Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Limitation Act 1985 (ACT) section 16B | 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 |