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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
imitation Amendment (Child Abuse) Bill
2015
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Limitation Act 1969 (the Act) to remove any limitation
period applying under the Act to an action on a cause of action for damages that relate to death or
personal injury resulting from child abuse.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 Amendment of Limitation Act 1969 No 31
Schedule 1 [1] excludes an action on a cause of action for damages that relate to death or personal
injury resulting from child abuse from the operation of the Act. Accordingly, the bringing of
proceedings on such causes of action is not subject to any limitation period provided for in the Act.
The proposed provision is expressed not to limit any existing powers or jurisdiction of the courts
(for example, the power or jurisdiction to stay or dismiss proceedings where a court determines
that the lapse of time has a burdensome effect on the defendant that is so serious that a fair trial is
not possible).
Schedule 1 [3] makes it clear that the exclusion of such actions from the limitation periods
applying under the Act extends to existing causes of action, including cases where the relevant
limitation period has already expired, an action has been commenced previously on the cause of
b2013-185.d14
Limitation Amendment (Child Abuse) Bill 2015 [NSW]
Explanatory note
action, or judgment on the cause of action has previously been given on the ground that the action
was statute barred. To this end, the item empowers a court to set aside a judgment based on the
fact that an action was statute barred. Schedule 1 [2] makes a consequential amendment.
Page 2
Introduced by Mr David Shoebridge, MLC First print
New South Wales
imitation Amendment (Child Abuse) Bill
2015
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Limitation Act 1969 No 31 3
b2013-185.d14
New South Wales
imitation Amendment (Child Abuse) Bill
2015
No , 2015
A Bill for
An Act to amend the Limitation Act 1969 to remove the limitation period for bringing civil
proceedings in relation to child abuse.
Limitation Amendment (Child Abuse) Bill 2015 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Limitation Amendment (Child Abuse) Act 2015. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Limitation Amendment (Child Abuse) Bill 2015 [NSW]
Schedule 1 Amendment of Limitation Act 1969 No 31
Schedule 1 Amendment of Limitation Act 1969 No 31 1
[1] Section 6A 2
Insert after section 6: 3
6A Exclusion of actions for recovery of damages for child abuse 4
(1) This Act, other than this section, does not apply to an action on a cause of 5
action: 6
(a) for damages that relate to the death of or personal injury to a person, 7
regardless of whether the claim for damages is brought in tort, in 8
contract, under statute or otherwise, and 9
(b) that is founded on the death or personal injury of a person resulting 10
from: 11
(i) an act or omission in relation to the person when the person is a 12
minor that is a physical abuse or sexual abuse, and 13
(ii) psychological abuse (if any) that arises out of that act or 14
omission. 15
(2) A cause of action referred to in subsection (1) (a) extends to a cause of action: 16
(a) that arises under the Compensation to Relatives Act 1897, or 17
(b) that survives on the death of a person for the benefit of the person's 18
estate under section 2 of the Law Reform (Miscellaneous Provisions) 19
Act 1944. 20
(3) Nothing in this section limits: 21
(a) in the case of the Supreme Court, the court's inherent jurisdiction, 22
implied jurisdiction or statutory jurisdiction, or 23
(b) in the case of a court other than the Supreme Court, the court's implied 24
jurisdiction or statutory jurisdiction, or 25
(c) any other powers of a court arising or derived from the common law or 26
under any other Act (including any Commonwealth Act), rule of court, 27
practice note or practice direction. 28
Note. For example, this section does not limit a court's power to summarily 29
dismiss or permanently stay proceedings where the lapse of time has a 30
burdensome effect on the defendant that is so serious that a fair trial is not 31
possible. 32
[2] Schedule 5, heading 33
Omit "Further transitional provisions". 34
Insert instead "Savings, transitional and other provisions". 35
[3] Schedule 5, Part 3 36
Insert after clause 7: 37
Part 3 Provisions consequent on enactment of Limitation 38
Amendment (Child Abuse) Act 2015 39
8 Definitions 40
(1) In this Part: 41
legal professional negligence and limitation period have the same meanings 42
as in clause 1. 43
Page 3
Limitation Amendment (Child Abuse) Bill 2015 [NSW]
Schedule 1 Amendment of Limitation Act 1969 No 31
(2) In this Part, a reference to a judgment given extends to a judgment entered and 1
also to an agreement entered into before and in connection with any such 2
judgment. 3
9 Application of section 6A 4
Section 6A applies: 5
(a) whether or not any limitation period previously applying to the cause of 6
action to which section 6A applies has expired, and 7
(b) whether or not an action has been commenced previously on the cause 8
of action, and 9
(c) whether or not a judgment on the cause of action has, on the ground that 10
a limitation period applying to the cause of action had expired, been 11
given previously, and 12
(d) whether or not a judgment in respect of legal professional negligence 13
has, on the ground that a limitation period applying to the cause of 14
action had expired, been given previously. 15
10 Pre-existing judgments and settlements 16
(1) An action on a previously barred cause of action may be brought even though: 17
(a) a judgment on the cause of action has, on the ground that a limitation 18
period applying to the cause of action had expired, been given 19
previously, or 20
(b) a judgment in respect of legal professional negligence has, on the 21
ground that a limitation period applying to the cause of action had 22
expired, been given previously, 23
or both. 24
(2) An action referred to in subclause (1) may be brought as if the action in which 25
such a judgment was given had not itself been commenced. 26
(3) If an action referred to in subclause (1) is brought on or after the 27
commencement of section 6A on such a previously barred cause of action, the 28
court hearing the action may, if it decides that it is just and reasonable to do 29
so, do any or all of the following: 30
(a) set aside any such judgment already given on or in relation to the cause 31
of action, 32
(b) take into account any amounts paid or payable by way of damages under 33
any such judgment, 34
(c) take into account any amounts paid or payable by way of costs in 35
connection with any action in which any such judgment was given. 36
(4) The Supreme Court may, on application, exercise the power to set aside a 37
judgment under subclause (3) (a) even though it is not hearing the action. 38
(5) A court (other than the Supreme Court) may not, under this clause, set aside a 39
judgment of any other court. 40
Page 4
Limitation Amendment (Child Abuse) Bill 2015 [NSW]
Schedule 1 Amendment of Limitation Act 1969 No 31
(6) In this clause: 1
previously barred cause of action means a cause of action to which section 6A 2
applies that was not maintainable immediately before the commencement of 3
that section. 4
Page 5
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