Hon George Cash asks about the statute of limitations for negligence claims against medical professionals involved in infant delivery in WA and other Australian jurisdictions. The Minister declines to provide a legal opinion, stating the matter falls under the Attorney General's portfolio.

AnsweredQoN 877Legislative Council
Asked
24 June 2003
Portfolio
Health

QuestionView source ↗

(1) What is the period of limitation that applies in Western Australia in respect to negligence claims against obstetricians or other medical practitioners or medical personnel who deliver infants?
(2) What is the corresponding limitation period in other Australian States and in the ACT and the NT?
(3) Did the Government promise the Australian Medical Association that it would amend the relevant Act to reduce the limitation period prior to July 2003?
(4) If so, what period of limitation was contemplated?

AnswerView source ↗

Answered
27 June 2003
Responded by
Parliamentary Secretary representing the Minister for Health
Response time
3 days
1.
The period of limitation is governed by the Limitation Act 1935 which is within the legislative portfolio of the Attorney General. The question requests the expression of a legal opinion.
2.
The question requests the expression of a legal opinion.
3.
No.
4.
See above.

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