Important Information
The three main areas of recent statutory reform are:
- Removal of statutory time limits
- Duty of institutions including nominating a proper defendant
- Setting aside unjust past settlement
What do all these law reforms mean?
Some of the reforms are solely relevant to survivors of abuse perpetrated in institutions, for example the duty of institutions and nominating a proper defendant. Some reforms apply to child abuse occurring in all contexts (eg family, institutions, other) such as removal of statutory time limits.
Do the reforms apply to sexual abuse or physical abuse?
Most of the reforms apply to both sexual abuse of a child and also either ‘physical’ or ‘serious physical’ abuse of a child
Prospective or retrospective?
Prospective means the law reform only applies to abuse occurring after the legislation was passed.
Retrospective means the law reform applies to all abuse whenever occurring, including abuse that occurred prior to the law reform.
Reforms relating to duty of institutions (reverse onus) operate prospectively.
Reforms which operate with retrospective effect include:
- Removal of time limits
- Requirement for institution to nominate a proper defendant
- Right to apply to set aside a past unjust settlement
The legislation changes nationally that have been achieved are as follows:
Tasmania
- Removing time limits
Limitation Act 1974 – s5B - Duty of institutions and nominating a proper defendant
Civil Liability Act 2002 – Part 10C s49C-49S - Setting aside past unjust settlements
Limitation Act 1974 – s5C
Victoria
- Removing time limits
Limitation of Actions Act 1958 – Part IIA Division 5 s27O – 27R - Duty of institutions and nominating a proper defendant
– Wrongs Act 1958 – Part XIII – ss88-93
– Legal Identity of Defendants (Organisational Child Abuse) Act 2018 - Setting aside past unjust settlements
Limitation of Actions Act 1958 – s27O – 27R
Queensland
- Removing time limits
Limitation of Actions Act 1974 – s11A - Duty of institutions and nominating a proper defendant
Civil Liability Act 2003 CH2, Pt2A, s33A-33Q - Setting aside past unjust settlements
Limitation of Actions Act 1974 – S48(5A)
New South Wales
- Removing time limits
Limitation Act 1969 – s6A - Duty of institutions and nominating a proper defendant
Civil Liability Act 2002 – Part 1B, s6A-6Q - Setting aside past unjust settlements
Civil Liability Act 2002 – Part 1C
Western Australia
- Removing time limits
Limitation Act 2005 – s6A - Duty of institutions and including nominating a proper defendant
Civil Liability Act 2002 – Part 2A, s15A-15M - Setting aside past unjust settlements
Limitation Act 2005 – Part 7 – ss89-92
South Australia
- Removing time limits
Limitation of Actions Act 1936 – s3A - Duty of institutions and including nominating a proper defendant
Civil Liability Act 1936 Part 7A - Setting aside past unjust settlements
Civil Liability Act 1936 Part 7B
Australian Capital Territory
- Removing time limits
Limitation Act 1985 – s21C - Duty of institutions and including nominating a proper defendant
Civil Law (Wrongs) Act 2002 – s114 - Setting aside past unjust settlements
Coming soon: Justice and Community Legislation Amendment Bill 2022
Northern Territory
- Removing time limits
Limitation Act 1981 – s5A - Duty of institutions and including nominating a proper defendant
Update pending - Setting aside past unjust settlements
Limitation Act 1981 – s53(2) and s5