The Legal Identity of Defendants (Organisational Child Abuse) Act 2018 (Vic) applies to claims by secondary victims — including parents claiming nervous shock arising from the sexual abuse of their children — not only to claims by primary victims who were themselves abused. The phrase 'founded on or arising from child abuse' in s 4(2) encompasses any claim with a sufficient connection to child abuse, and the principle of legality does not require a narrower construction where Parliament has directed its attention to abrogating the Ellis defence.
The full text is available to signed-in members, including the 1 later case that cites this judgment.