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Where am I now? Lawlink > Law Reform Commission > Publications > Appendix A - Special Limitations Enactments Affecting Actions Against Public Authorities (as at 31 December, 1974)
Report 21 (1975) - The Limitation of Actions: Special Protections
Appendix A - Special Limitations Enactments Affecting Actions Against Public Authorities (as at 31 December, 1974)
1. ACTIONS GENERALLY
 
Title | Section | Period of limitation | Subject matter | Notice of action | Tender of amends |
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| Ambulance Service Act, 1972 | 54 | Twelve months | Actions for damage to person or property. | One month | Yes, s.54(9) |
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| Broken Hill Water and Sewerage Act, 1938 | 126(3) |   | Actions for anything done under the Act. | One month | No. |
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| Builders licensing Act, 1971 | 58 | Twelve months | Actions for damage to person or property. | One month | Yes, s.58(8) |
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| Child Welfare Act, 1939 | 158(2) | Six months; or six months from discharge if plaintiff | Action against Minister or any officer of Department. |   | No. |
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| City and Suburban Electric Railways Act, 1915 | 12(2) |   | Action for damage or injury | Within 12 months of cause of action and carrying out of work | No. |
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| Cobar Water Supply Act, 1963 | 48(3) |  | Action against Board or any member or officer. | One month | No. |
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| Courts of Petty Sessions (Civil Claims) Act, 1970 | 10 | Six months | Anything done under Act | One month | No. |
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| Crimes Act, 1900 | 563(1) | Six months | Anything done under Act | One month | Yes, s.563(2). |
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| Crown Lands Consolidation Act, 1913 | 249 | Twelve months | Actions against officers | One month | Yes, s.249 |
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| Dairy Industry Authority Act, 1970 | 81 | Twelve months | Actions for damage to person or property. | One month | Yes, s.81(8). |
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| Electricity Commission Act, 1950 | 100 | Twelve months | Actions for damage to person or property. | One month | Yes, s.100(6). |
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| Fire Brigades Act, 1909 | 47 | Twleve months | Actions against Board | One month | Yes, s.47 |
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| Fisheries and Oyster Farms Act, 1935 | 108 | None | Anything done in pursuance of the Act. | One month | No. |
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| Gaming and Betting Act, 1912 | 58 | Three months | Anything done or omitted in pursuance of the Act. | One month | Yes, s.57 |
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| Government Railways Act, 1912 | 143, 144 | One year | Actions against Commissioner or other persons for things done or omitted under the Act. | One month | Yes, s.146(1) |
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| Grain Elevators Act, 1954 | 56 | Twelve months | Proceedings against the Board or members or servants for acts or omissions under the Act. | One month | Yes, s.56(6) |
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| Hawkers and Pedlers Act, 1901 | 26 | Six months | Actions for anything done under the Act. | One month | Yes, s.26 |
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| Health Commission Act, 1972 | 29 | Twelve months | Proceedings for damage to person or property. | One month | Yes, s.29(7) |
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| Hunter District Water, Sewerage and Drainage Act, 1938 | 135(3)(b) | Twelve months | Actions against the Board or members or servants for acts or omissions under the Act. | One month | No. |
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| Inebriates Act, 1912 | 31(2) | Three months (six months by special leave). | Action or suit for anything done under the Act. |   | No. |
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| Irrigation Act, 1912 | 17B, 17C | Three years | Actions against officers for anything done under Act or other Act under which Commission has duties. | One month | yes, s.17D |
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| Justices Act, 1902 | 139 | Six months | Actions against Justices | One month | Yes, s.141 |
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| Land Development Contribution Management Act, 1970 | 16(2) | Twelve months or date of cancellation of disposition if later | Refund or waiver of contribution. |   | No. |
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| Liquor Act, 1912 | 171 | Three months | Actions against Chairman etc. for anything done under Act. |   | No. |
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| Local Government Act, 1919 | 580 | Twelve months | Proceedings for damage to person or property or for anything done or omitted under Act. | One month | Yes, s.580(7) |
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| Maritime Services Act, 1935 | 40 | Twelve months | Actions against Board etc. for anything done or omitted. | One month | Yes, s.40(6) |
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| Metropolitan Water, Sewerage and Drainage Act, 1924 | 132(3)(b) | Twelve months | Writs or process for anything done or omitted under the Act. | One month | No. |
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| Ministry of Transport Act, 1932 | 16, 17 | One year | Actions against Board or person for anything done under Act. | One month | Yes, s.19 |
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| Municipal Council of Sydney Electric Lighting Act, 1896 | 38 | Twelve months | Actions against Council or officers for anything done under Act. | One month | Yes, s.38 |
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| Obsecene and Indecent Publications Act, 1901 | 17 | Three months | Actions against persons for anything done under Act. | One month | Yes, s.18 |
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| Pawnbrokers aCt, 1902 | 45 | Three months | Action against Justice or Constable for thing done under Act. |   | No. |
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| Police Offences Act, 1901 | 114(1), (2) | Two months | Actions and prosecutions for anything done under Act. | One month | Yes, s.114(4) |
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| Prevention of Cruelty to Animals Act, 1901 | 12(1) | Three months | Action for anything done pursuant to Act. | One month | Yes, s.12(1) |
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| Prisons Act, 1952 | 47 | One year | Action against any person for thing done under Act. | One month | No. |
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| Private Irrigation Districts and Water (Amendment) Act, 1973 | 87 | Twelve months | Proceedings for damage to person or property. | One month | Yes, s.87(8) |
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| Public Transport Commission Act, 1972 | 29 | Twelve months | Proceedings for damage or injury to person or property. | One month | Yes, s.29(7) |
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| Quarantine Act, 1897 | 37(III) | Six months | Action against Pilot etc. for thing done in pursuance of Act. |   | No. |
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| Real Property Act, 1900 | 128 |   | Action against Registrar-General for error etc. in register book. | One month | No. |
|   |   | Six months | Action against Registrar-General or Assurance Fund. |   | No. |
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| Seamen’s Act, 1898 | 111(1) | Three months | Action against officer for anything done under Act. |   | No. |
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| Stage-carriages Act, 1899 | 14(1) | Three months | Anything done in pursuance of the Act. |   | No. |
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| State Planning Authority Act, 1963 | 70 | Twelve months | Actions for damages for anything done under Act. | One month | Yes, s.70(6) |
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| State Pollution Control Commission Act, 1970 | 30 | Twelve months | Actions for damage to person or property. | One month | Yes, s.30(8) |
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| Summary Offences Act, 1970 | 65 | Six months | Actions for damages for anything done under Act. | One month | No. |
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| Sydney Cove Redevelopment Authority Act, 1968 | 53 | Twelve months | Actions for damage to person or property. | One month | Yes, s.53(8) |
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| Sydney Farm Produce Market Authority Act, 1968 | 44 | Twelve months | Proceedings for damage to person or property. | One month | Yes, s.44(6) |
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| Sydney Harbour Bridge Act, 1922 | 19(2), (3) | Twelve months from notice to bring action | Actions for damages for anything done under Act. | Twelve months | No. |
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| Sydney Harbour Transport Act, 1951 | 34 | Twelve months | Actions for damage to person or property. | One month | Yes, s.34(6) |
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| Transport Act, 1930 | 232(2), 233 | One year | Actions against Commissioner. | One month | Yes, s.235 |
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| Transport (Division of Functions) Act, 1932 | 27, 28 | One year | Actions for anything done or omitted to be done under the Act. | One month | Yes, s.30 |
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| Travel Agents Act, 1973 | 72 | Twelve months | Proceedings for damage to person or property. | One month | Yes, s.72(7) |
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| Waste Disposal Act, 1970 | 54 | Twelve months | Actions for damage to person or property. | One month | Yes, s.54(8) |
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| Water Act, 1912 | 54(1) |   | Actions for damage upon entry to land. | Three months | No. |
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| Zoological Parks Board Act, 1973 | 35 | Twelve months | Proceedings for damage to person or property. | One month | Yes, s.35(7) |
 
2. CLAMS FOR COMPENSATION FOR DAMAGE ETC.*
 
Title | Section | Period of limitation | Subject matter |
 |  |  |  |
| Broken Hill Water and Sewerage Act, 1938 | 26(5) | Six months |   |
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| Cattle Compensation Act, 1951 | 8(3) | Thirty days |   |
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| Cobar Water Supply Act, 1963 | 13(3) |   | Within six months after damage sustained |
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| Drainage Act, 1939 | 33(2) | Six months |   |
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| Growth Centres (Land Acquisition) Act, 1974 | 10(2) | Six months |   |
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| Hunter District Water, Sewerage and Drainage Act, 1938 | 32(5) | Six months |   |
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| Hunter Valley Flood Mitigation Act, 1956 | 32(1) |   | Ninety days after the doing of the act out of which the claim arises |
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| Local Government Act, 1919 | 342AC(1) | Time prescribed (claims for injurious affection - town and country planning) |   |
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| Main Roads Act, 1924 | 27C(5)(e) | Twelve months |   |
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| Metropolitan Water, Sewerage and Drainage Act, 1924 | 32(5) | Three months |   |
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| Mine Subsidence Compensation Act, 1961 | 12(2)(a) |   | As prescribed |
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| New South Wales-Queensland Border Rivers Act, 1947 | 17 | Unreasonable delay | Within six months |
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| Public Works Act, 1912 | 49(2), (3) | Two years | Fourteen days minumum before proceedings |
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| River Murray Waters Act, 1915 | 19 | Unreasonable delay | Within six months |
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| Swine Compensation Act, 1928 | 8(3) | Sixty days |   |
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| Sydney Collieries Limited Enabling Act, 1924 | 4(4) |   | Ninety days of first becoming aware of damage |
 
3. RECOVERY OF CERTAIN MONEYS
 
 
4. CERTAIN ACTIONS BY EMPLOYEES*
 
 
* No amendment is proposed.
 
NOTES ON APPENDIX A
1. This Commission has, in its First Report on Statute Law Revision (L.R.C. 10), recommended the repeal of the Quarantine Act, 1897, the Stage-carriages Act, 1899, and the Sydney Collieries, Limited, Enabling Act, 1924.
2. Section 11 of the Irrigation Act, 1912, dissolved the trusts constituted by the Wentworth Irrigation Act (54 Vic. No. 7), the Hay Irrigation Act, 1902, and the Balranald Irrigation Act, 1902. Subsection (3) of section 11 provides that "the said Acts shall be read with such other amendments as are necessary to bring those Acts into conformity with this Act". Section 17c of the Irrigation Act deals with notice of action against the Water Conservation and Irrigation Commission, the successor to the trustees under the abovementioned trusts. To that extent there is an implied repeal of section 20 of the Wentworth Irrigation Act, section 15 of the Hay Irrigation Act, and section 19 of the Balranald Irrigation Act; of which the first two impose a limit of ninety days for actions, and the last a limitation of six months.
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