Limitation periods

 

If you are seeking to enforce or protect your legal rights as a result of your physical disability, it is important to be aware of limitation periods. A limitation period is the period of time in which you must bring forward a claim or dispute, or period of time a service provider is required to provide information by.

The following limitation periods are relevant for people with physical disabilities.

Request for disability services

If a person with a physical disability or a person on behalf of a person with a disability requests disability services from a disability service provider and is refused, the disability service provider has 14 days within which to advise in writing that the request has been refused and the reason for the refusal.

Planning assistance

If a person with a physical disability or a person on behalf of a person with a disability requests assistance with planning from a disability service provider, the disability service provider must provide that assistance within a reasonable period of time.

Support plan

If a person with a physical disability is to receive on-going disability services, the disability service provider must prepare a support plan within 60 days of the person commencing to regularly access the disability services.

Complaints to the Disability Services Commissioner

After receiving a complaint, the Disability Services Commissioner must decide whether to consider the complaint within either 90 days or a period longer than 90 days that the Disability Services Commissioner considers reasonable.

Complaints under the EO Act and DDA

Complaints should be brought under the EO Act and the DDA within 12 months of the alleged contravention. Discretion exists under the EO Act and the DDA to dismiss claims brought more than 12 months after an alleged contravention.