Recommendation 10–6 Consideration should be given to extending the limitation period where the plaintiff was under 18 years of age when the invasion of privacy occurred.
10.95 This recommendation aims to assist plaintiffs who claim their privacy was invaded when they were under 18 years of age. Minors cannot generally be expected to make the difficult personal and financial decision to commence legal proceedings. Limitation periods should therefore start from the date of their 18th birthday.
10.96 There are analogous provisions for the application of limitation periods on actions affecting minors in civil liability legislation in several Australian jurisdictions.
This recommendation is informed by the discussion in Ch 2 on the often acute effects of invasions of privacy on children and young people, particularly in the context of privacy invasions which occur online or through the use of mobile phones.
For example, in some Australian jurisdictions, an action for personal injury where an injury or death occasioned to a minor was caused by a parent or guardian is ‘discoverable’ by the victim when the victim turns 25 years of age: Limitation of Actions Act 1958 (Vic) s 27I; Limitation Act 1969 (NSW) s 50E.