No limitation period for child abuse actions

In force

(1)

This section applies in relation to an action for damages for personal injury to a person arising from child abuse of the person.

(2)

Despite any other provision of this Act, an action mentioned in subsection (1) may be brought at any time and is not subject to any limitation period under this Act.

(3)

This section applies whether the claim for damages is brought in tort, in contract, under statute or otherwise.

(4)

This section extends to the following causes of action:

(a)

a cause of action that arises under the Compensation (Fatal

Injuries) Act 1974;

(b)

a cause of action that survives on the death of a person for the benefit of the person’s estate under the Law Reform (Miscellaneous Provisions) Act 1956.

(5)

This section does not limit:

(a)

any inherent jurisdiction, implied jurisdiction or statutory jurisdiction of a court; or

(b)

any other powers of a court arising or derived from the common law or under any other Act (including any Commonwealth Act), rule of court, practice note or practice direction.

Note for subsection (5)

For example, this section does not limit a court’s power to summarily dismiss or permanently stay proceedings where the lapse of time has a burdensome effect on the defendant that is so serious that a fair trial is not possible.

(6)

In this section:

child abuse means any of the following perpetrated against a person when the person is (or was) under 18 years of age:

(a)

sexual abuse;

(b)

serious physical abuse;

(c)

psychological abuse that arises from abuse mentioned in paragraph (a) or (b).

This Act’s bill:Second reading speech

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5A No limitation period for child abuse actions