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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)

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History of this Reference (Digest)


1. ACTIONS GENERALLY
 
Title
Section
Period of limitation
Subject matter
Notice of action
Tender of amends
Ambulance Service Act, 197254Twelve monthsActions for damage to person or property.One monthYes, s.54(9)
Broken Hill Water and Sewerage Act, 1938126(3) Actions for anything done under the Act.One monthNo.
Builders licensing Act, 197158Twelve monthsActions for damage to person or property.One monthYes, s.58(8)
Child Welfare Act, 1939158(2)Six months; or six months from discharge if plaintiffAction against Minister or any officer of Department. No.
City and Suburban Electric Railways Act, 191512(2) Action for damage or injuryWithin 12 months of cause of action and carrying out of workNo.
Cobar Water Supply Act, 196348(3)Action against Board or any member or officer.One monthNo.
Courts of Petty Sessions (Civil Claims) Act, 197010Six monthsAnything done under ActOne monthNo.
Crimes Act, 1900563(1)Six monthsAnything done under ActOne monthYes, s.563(2).
Crown Lands Consolidation Act, 1913249Twelve monthsActions against officersOne monthYes, s.249
Dairy Industry Authority Act, 197081Twelve monthsActions for damage to person or property.One monthYes, s.81(8).
Electricity Commission Act, 1950100Twelve monthsActions for damage to person or property.One monthYes, s.100(6).
Fire Brigades Act, 190947Twleve monthsActions against BoardOne monthYes, s.47
Fisheries and Oyster Farms Act, 1935108NoneAnything done in pursuance of the Act.One monthNo.
Gaming and Betting Act, 191258Three monthsAnything done or omitted in pursuance of the Act.One monthYes, s.57
Government Railways Act, 1912143, 144One yearActions against Commissioner or other persons for things done or omitted under the Act.One monthYes, s.146(1)
Grain Elevators Act, 195456Twelve monthsProceedings against the Board or members or servants for acts or omissions under the Act.One monthYes, s.56(6)
Hawkers and Pedlers Act, 190126Six monthsActions for anything done under the Act.One monthYes, s.26
Health Commission Act, 197229Twelve monthsProceedings for damage to person or property.One monthYes, s.29(7)
Hunter District Water, Sewerage and Drainage Act, 1938135(3)(b)Twelve monthsActions against the Board or members or servants for acts or omissions under the Act.One monthNo.
Inebriates Act, 191231(2)Three months (six months by special leave).Action or suit for anything done under the Act. No.
Irrigation Act, 191217B, 17CThree yearsActions against officers for anything done under Act or other Act under which Commission has duties.One monthyes, s.17D
Justices Act, 1902139Six monthsActions against JusticesOne monthYes, s.141
Land Development Contribution Management Act, 197016(2)Twelve months or date of cancellation of disposition if laterRefund or waiver of contribution. No.
Liquor Act, 1912171Three monthsActions against Chairman etc. for anything done under Act. No.
Local Government Act, 1919580Twelve monthsProceedings for damage to person or property or for anything done or omitted under Act.One monthYes, s.580(7)
Maritime Services Act, 193540Twelve monthsActions against Board etc. for anything done or omitted.One monthYes, s.40(6)
Metropolitan Water, Sewerage and Drainage Act, 1924132(3)(b)Twelve monthsWrits or process for anything done or omitted under the Act.One monthNo.
Ministry of Transport Act, 193216, 17One yearActions against Board or person for anything done under Act.One monthYes, s.19
Municipal Council of Sydney Electric Lighting Act, 189638Twelve monthsActions against Council or officers for anything done under Act.One monthYes, s.38
Obsecene and Indecent Publications Act, 190117Three monthsActions against persons for anything done under Act.One monthYes, s.18
Pawnbrokers aCt, 190245Three monthsAction against Justice or Constable for thing done under Act. No.
Police Offences Act, 1901114(1), (2)Two monthsActions and prosecutions for anything done under Act.One monthYes, s.114(4)
Prevention of Cruelty to Animals Act, 190112(1)Three monthsAction for anything done pursuant to Act.One monthYes, s.12(1)
Prisons Act, 195247One yearAction against any person for thing done under Act.One monthNo.
Private Irrigation Districts and Water (Amendment) Act, 197387Twelve monthsProceedings for damage to person or property.One monthYes, s.87(8)
Public Transport Commission Act, 197229Twelve monthsProceedings for damage or injury to person or property.One monthYes, s.29(7)
Quarantine Act, 189737(III)Six monthsAction against Pilot etc. for thing done in pursuance of Act. No.
Real Property Act, 1900128 Action against Registrar-General for error etc. in register book.One monthNo.
  Six monthsAction against Registrar-General or Assurance Fund. No.
Seamen’s Act, 1898111(1)Three monthsAction against officer for anything done under Act. No.
Stage-carriages Act, 189914(1)Three monthsAnything done in pursuance of the Act. No.
State Planning Authority Act, 196370Twelve monthsActions for damages for anything done under Act.One monthYes, s.70(6)
State Pollution Control Commission Act, 197030Twelve monthsActions for damage to person or property.One monthYes, s.30(8)
Summary Offences Act, 197065Six monthsActions for damages for anything done under Act.One monthNo.
Sydney Cove Redevelopment Authority Act, 196853Twelve monthsActions for damage to person or property.One monthYes, s.53(8)
Sydney Farm Produce Market Authority Act, 196844Twelve monthsProceedings for damage to person or property.One monthYes, s.44(6)
Sydney Harbour Bridge Act, 192219(2), (3)Twelve months from notice to bring actionActions for damages for anything done under Act.Twelve monthsNo.
Sydney Harbour Transport Act, 195134Twelve monthsActions for damage to person or property.One monthYes, s.34(6)
Transport Act, 1930232(2), 233One yearActions against Commissioner.One monthYes, s.235
Transport (Division of Functions) Act, 193227, 28One yearActions for anything done or omitted to be done under the Act.One monthYes, s.30
Travel Agents Act, 197372Twelve monthsProceedings for damage to person or property.One monthYes, s.72(7)
Waste Disposal Act, 197054Twelve monthsActions for damage to person or property.One monthYes, s.54(8)
Water Act, 191254(1) Actions for damage upon entry to land.Three monthsNo.
Zoological Parks Board Act, 197335Twelve monthsProceedings for damage to person or property.One monthYes, s.35(7)
 

2. CLAMS FOR COMPENSATION FOR DAMAGE ETC.*
 
Title
Section
Period of limitation
Subject matter
Broken Hill Water and Sewerage Act, 193826(5)Six months 
Cattle Compensation Act, 19518(3)Thirty days 
Cobar Water Supply Act, 196313(3) Within six months after damage sustained
Drainage Act, 193933(2)Six months 
Growth Centres (Land Acquisition) Act, 197410(2)Six months 
Hunter District Water, Sewerage and Drainage Act, 193832(5)Six months 
Hunter Valley Flood Mitigation Act, 195632(1) Ninety days after the doing of the act out of which the claim arises
Local Government Act, 1919342AC(1)Time prescribed (claims for injurious affection - town and country planning) 
Main Roads Act, 192427C(5)(e)Twelve months 
Metropolitan Water, Sewerage and Drainage Act, 192432(5)Three months 
Mine Subsidence Compensation Act, 196112(2)(a) As prescribed
New South Wales-Queensland Border Rivers Act, 194717Unreasonable delayWithin six months
Public Works Act, 191249(2), (3)Two yearsFourteen days minumum before proceedings
River Murray Waters Act, 191519Unreasonable delayWithin six months
Swine Compensation Act, 19288(3)Sixty days 
Sydney Collieries Limited Enabling Act, 19244(4) Ninety days of first becoming aware of damage
 
3. RECOVERY OF CERTAIN MONEYS
 
Title
Section
Period of limitation
Subject matter
Limitation of Actions (Recovery of Imposts) Act, 19632Twelve monthsActions for recovery of taxes, imposts etc.
Motor Vehicles Taxation Management Act, 194912Three yearsRefund of tax
Stamp Duties Act, 1920140(4)Three yearsAction for refund of duty
 
4. CERTAIN ACTIONS BY EMPLOYEES*
 
Title
Section
Period of limitation
Subject matter
Government Railways Act, 1912100DSix monthsElection by employee to sue Commissioner for damages
Transport Act, 1930124BSix monthsElection by employee to sue Commissioner for damages
 

    * 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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