If you’ve been injured by someone else’s negligence, you may be eligible to make a public liability claim. To be successful, you must meet all your state’s specific requirements, including starting your claim within the specified time limits.
Below, we take you through the time limits in each state, including which exceptions may be allowed.
In New South Wales, you must generally file a public liability claim within three years of discovering the following facts:
- You have suffered an injury as a result of the accident, and
- The defendant caused your injury, and
- Your injury is serious enough to justify a public liability claim.
Your claim is also subject to the ‘long stop’ rule. This means you cannot file a claim more than 12 years after the date of the accident, even if you were not aware of your injury.
Other time limits
- Children: if you were a minor at the time, you have up to six years from the date your injury happened to file a claim. This time limit also applies to a parent or guardian claiming on your behalf.
- Disability: if you’re a person living with disability, you may have up to six years after the accident to start your claim.
- Child abuse: no time limits apply if your claim relates to child abuse.
In Queensland, you must serve a Notice of Claim on the other party within either:
- Nine months of the accident, or
- One month of consulting with a lawyer.
You then need to start court proceedings within three years of your injury.
Other time limits
- Disability: if you were disabled at the time of the accident, no time limits apply. However, once you’re no longer experiencing the disability, you must start your claim within three years.
- Child abuse: for claims related to child abuse, no time limits apply.
- Complaint to the Ombudsman: if you have made a complaint to the Office of Health Ombudsman, you must serve a Notice of Claim as soon as possible after the complaint is finalised. You then have three years to start court proceedings.
- Children: for children injured in accidents, their parent or guardian must begin court proceedings before the child’s 21st birthday. Additionally, they must serve a Notice of Claim on the child’s behalf within either:
- 18 months of first consulting with a lawyer about a possible public liability claim, or
- Six years after the parent knew (or ought to have known) that an injury occurred.
In Victoria, you’re required to start a public liability claim within either:
- Three years from the date you realised you had a public liability claim, or
- 12 years from the accident date.
Whichever time limit you reach first will apply to you.
Other time limits
- Children: if you were a minor at the time of the accident, you have up to six years to file a claim. This limit also applies to any parent or guardian claiming on your behalf.
- Disability: if you’re a person living with disability, you have six years from the accident date to file a claim.
- Child abuse: no time limits apply to cases related to child abuse.
In South Australia, you must submit an ‘early notice of injury’ within six months of the accident. You then have three years from when you were injured (or realised you were injured) to start your claim. Crucially, you must file all claim documents at least 90 days before this three-year deadline.
Other time limits
- Children: a child involved in an accident has up to six years to make a claim. This time limit also applies to a parent or guardian claiming on their behalf.
- Child abuse: if your claim relates to any form of child abuse, no time limits apply.
- Disability: if you were disabled at the time of the accident, you may have up to 30 years to file a claim. Importantly, this time limit extension only applies while you are experiencing the disability.
In Western Australia, you must start your claim within three years of the accident date.
Other time limits
- Children under 15: children aged 14 and under at the time of the accident have up to six years to begin a claim. This limit also applies to parents or guardians applying on their behalf.
- Children aged between 15 – 18: children aged 15, 16, or 17 on the date of the accident are required to file a claim before their 21st birthday. This time limit also applies to any parent or guardian making a claim on their behalf.
- Child abuse: for claims related to child abuse, no time limit applies.
In Tasmania, you must bring your claim within either:
- Three years from the date you discovered you have a public liability claim, or
- 12 years from the accident date.
Whichever time limit you reach first will apply to you.
Other time limits
- Disability: if you were disabled at the time of the accident, your three-year time limit only starts when you are no longer experiencing the disability. If your disability is ongoing, no time limits will apply.
- Child abuse: if your claim relates to child abuse, no time limits will apply.
In the ACT, you usually have three years from the date of your injury to begin your claim.
Other time limits
- Children: a child involved in the accident has up to six years to file a claim. This time limit also applies to any parent or guardian claiming on their behalf.
- Disability: time limits do not apply if you were disabled at the time of the accident. However, if you recover from the disability, you must begin your claim within three years.
- Child abuse: if your claim is related to child abuse, no time limits apply.
In the Northern Territory, you must start your claim within three years of the accident.
Other time limits
- Disability: if you were disabled at the time of the accident, you may have up to 30 years to make a claim. However, this only applies while you’re still experiencing the disability. Once you recover, you’ll have three years from the recovery date to start your claim.
- Child abuse: if your claim concerns child abuse, no time limits apply.
What to do if you’re outside the time limit
If you’re already outside your state’s time limit, you may still be eligible for compensation. To be successful, you’ll need to provide a ‘reasonable excuse’ for the delay in starting your claim.
While reasonable excuses vary depending on your situation and state, some common examples are:
- Lack of symptoms: your full symptoms did not develop immediately after the accident but became noticeable later.
- Seriousness: the seriousness of your injury wasn’t immediately apparent at the time of the accident.
- Absence from the state: if you were out of the state when the accident occurred.
- Other party misconduct: if the other party tried to mislead you or otherwise prevent you from making a claim.
- Material facts: if you were unaware of a ‘material fact’ related to your claim until your time limit had almost (or already) expired. Material facts include knowing about your injury and understanding it was caused by someone else’s negligence.
- Mistake: this means your delayed claim was caused by a genuine mistake on your part.
- Delayed diagnosis: if it has taken some time to diagnose your condition and this diagnosis occurred outside of the required time frame.
- Justice: if the court decides it’s in the interest of justice to allow your delayed claim.
- Urgent need: if the court determines that there is an ‘urgent need’ to hear your case.
In addition, another exception applies only in Queensland:
- Notice form already served: if you have already provided a Notice of Claim to the other party before the time limit expired, you may start court proceedings within six months of serving the Notice of Claim. In some cases, you can apply to the court for a further time limit extension.
How we can help you
Public liability is a complex area of law; without an expert lawyer, you may not get the compensation you deserve. We have a detailed knowledge of all state public liability laws and will ensure your claim meets every requirement, including the specific time limits that apply to your situation.
If you’re outside the time limit, we have the experience to get your delayed claim approved. Our lawyers will petition the court on your behalf, identifying the most relevant excuses and providing compelling evidence to support your case. Over the years, we have successfully resolved hundreds of delayed claims for our public liability clients.
Whether you’ve just been injured or are already outside the time limit — speak to us today. Our lawyers are always on standby to provide free advice about your claim.
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