A BILL

To make further provisions with respect to the limitation of actions; to amend the Limitation Act, 1969; and for purposes connected therewith.

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:-

1. This Act may be cited as the “Limitation (Amendment) Act, 1975	Short title.
2. This Act shall commence upon a day to be appointed by the Governor and notified iby proclamation published in the Gazette.	Commencement.
3. Section 3 of the Limitation Act, 1969, is amended by inserting next before “Part III” in the matter relating to Part II the following new matter-	Amendment of Act No.31, 1969.
“DIVISION 6.-Shortening the period-s. 50A”.
4. Section 11 (1) of the Limitation Act, 1969, is amended by-	Further Amendment of Act No.31, 1969.
(a) inserting next before “Crown” the words ‘Breach of duty’ extends to the breach of any duty, whether arising by statute, contract or otherwise, and includes trespass to the person.”;	Sec. 11. (Interpretation).
(b) inserting next before “Personal representative” the words : “‘Personal injury’ includes any disease and any impairment of the physical or mental condition of la person.”.
5. Section 14 of the Limitation Act, 1969, is amended by-	Further amendment of Act No.31, 1969.
(a) omitting subsection (1) (b)	Sec.14 (General).
(b) inserting next after subsection (1) the following new subsections-
(1A) Notwithstanding subsection (1) of this section an action on a cause of action mentioned in subsection (1) of this section for damages for personal injury is not maintainable if brought after the expiration of three years running from the date on which the cause of action first accrues to the plaintiff or to a person through whom he claims.
(1B) An action on a cause of action founded on tort, including a cause of action for damages for breach of statutory duty, is not maintainable if ,brought after the expiration of a limitation period of three years running from the date on which the cause of action first accrues to the plaintiff or to a person through whom he claims.
6. The Limitation Act, 1969, is further amended by omitting from section 19 the word “six” and by inserting instead the word “three”.	Further amendment of Act No.31, 1969. Sec.19 (Compensation to relatives).
7. The Limitation Act, 1969, is further amended by insexdng next after section 50 the following new Division-	Further amendment of Act No.31, 1969. New Division of Part III.
DIVISION 6.-Shortening the period
50A. (1) This section applies to a cause of action to which any of the other provisions of this Part applies.	Shortening the period.
(2) Where, on application to the Supreme Court it appears to the Court that-
(a) the applicant has cause to apprehend that a person may bring an action against the applicant on a cause of action to which this section applies;
(b) the limitation period fixed by an enactment repealed or omitted by this Act or fixed by any other provision of this Part for that cause of action has more than three months to run before it expires; and
(c) sufficient cause is shown for making an order under this section, or that having regard to all the circumstances of the case it is reasonable to make an order under this section-
the Court may order that the limitation period be shortened so as to expire at a time not sooner than 28 days after the time when the order takes effect, and thereupon, for the purposes of an action on that cause of action brought by that person against the applicant in any court and for the purposes of section 26 (1 ) (b) of this Act, and for all other purposes, the limitation period is shortened accordingly.
8. Section 57 of the Limitation Act, 1969, is amended by omitting-	Further amendment of Act No.31, 1969. Sec.57 (Interpretation).
(a) paragraph (1) (a) ; and
(b) subsection (2).
9. The Limitation Act, 1969, is further amended by inserting next after section 57 the following new section-	Further amendment of Act No.31, 1969. Sec.57A.
57A. (1) This section applies to-	Extension up to one year.
(a) a cause of action for damages for personal injury; and
(b) a cause of action which arises under section 3 of the Compensation to Relatives Act of 1897.
(2) Where, on application to a court by a person claiming to have a cause of action to which this section applies, it appears to the court that sufficient cause is shown for making an order under this section or that having regard to all the circumstances of the case it is reasonable to make ianorder under this section, the court may order that the limitation period for the cause of action be extended so that it expires not later than one year after the date on which it would expire if not extended under this section and thereupon for the purposes of an action on that cause of action brought by the applicant in that court, and for the purposes of section 26 (1) (b) of this Act, the limitation period is extended accordingly.
(3) This section applies ito a cause of action whether or not a limitation period for the cause of action has expired before an application is made under this section in respect of the cause of -action.
10. This Act does not,apply to,any,action on a cause of action which has accrued before the commencement of this Act.	Transition.