Garda Síochána (Compensation) Act 2022

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Time limit for application for initial assessment

10. (1) Subject to this section, an application for initial assessment shall be made not later than 6 months after—

(a) in the case of injuries referred to in section 7 (a)—

(i) the date upon which the injuries to the member or former member occurred, or

(ii) the date of knowledge of the member or former member of the injuries concerned,

whichever is the later, or

(b) in the case of a death referred to in section 7 (b), the date of death of the member or former member, as the case may be.

(2) For the purposes of this section, a person’s knowledge includes knowledge which he or she might reasonably have been expected to acquire—

(a) from facts observable or ascertainable by him or her, or

(b) from facts ascertainable by him or her with the help of medical or other appropriate expert advice which it is reasonable for him or her to seek.

(3) Notwithstanding subsection (2)—

(a) a person shall not be fixed under this section with knowledge of a fact ascertainable only with the help of expert advice so long as he or she has taken all reasonable steps to obtain (and, where appropriate, to act on) that advice, and

(b) a person injured shall not be fixed under this section with knowledge of a fact relevant to the injuries which he or she has failed to acquire as a result of those injuries.

(4) Where a person fails to make an application for initial assessment before the expiration of the period specified in subsection (1), the Garda Commissioner may decide to extend the period specified in that subsection, on application to him or her in that behalf in writing by the person concerned, where the Garda Commissioner is satisfied that—

(a) it is necessary to do so by reason of the person being a person referred to in paragraph (a) or (b) of section 8 (4), or

(b) the circumstances that resulted in the failure to make the application within the period specified in subsection (1) were either—

(i) outside the control of, or

(ii) could not reasonably have been anticipated by,

the person.

(5) The Garda Commissioner shall notify in writing the person concerned of his or her decision under subsection (4) as soon as practicable after the making of the decision.

(6) Where the decision of the Garda Commissioner under subsection (4) is to extend the period referred to in subsection (1)—

(a) the notification under subsection (5) shall specify the period of the extension and inform the person of the effect of paragraph (b), and

(b) the person concerned may make an application for initial assessment before the expiry of the period specified in the notification.

(7) Where the decision of the Garda Commissioner under subsection (4) is not to extend the period referred to in subsection (1), the notification under subsection (5) shall—

(a) set out the reasons for the decision, and

(b) inform the person concerned that he or she may make an application under section 16 for a review of the decision.

(8) Where the Garda Commissioner wishes to make an application for initial assessment but has failed to make the application before the expiration of the period specified in subsection (1), subsections (4) to (7) shall be construed as if a reference to the Garda Commissioner in those subsections were a reference to the member specified in section 9 (2)(b).

(9) In this section, “date of knowledge” means the date on which the member or former member or, in the case of a person referred to in paragraph (a) or (b) of section 8 (4), the person who is authorised to act on his or her behalf, first had knowledge that the member or former member who is alleged to have suffered injuries as a result of a malicious incident had suffered such injuries.