Limitation of Actions and Other Legislation (Child Abuse Civil Proceedings) Amendment Bill

As a private member introducing his own bill, argued for removing civil statutory time limits for victims of all child abuse (not just institutional sexual abuse), revoking past unjust settlements forced on victims through the time limits defence, restoring the right to a jury trial, and restricting a defendant institution's right to stay proceedings where the defendant caused the delay.

“This bill goes further than other states or territories in responding to the shame that is child abuse in our community. This bill is an opportunity for Queensland to lead the nation on important reforms for child protection and equity of access to justice for victims of abuse.”— 2016-08-18View Hansard

As the private member who introduced the bill, argued his bill went further than the government's by extending removal of the limitation period to serious physical abuse and non-institutional settings, reinstating jury trials as an option, and automatically voiding unjust past settlements on application.

“I welcome the bipartisan support for the repeal of the statute of limitations as it applies to sexual abuse in institutions; however, the government bill creates discrimination. It leaves victims of serious physical abuse and non-institutional abuse, such as in foster care, still blocked by the three-year time limit.”— 2016-11-08View Hansard

Did not support the private member's bill, particularly the reintroduction of jury trials for civil cases and the automatic voiding of all past deeds of settlement, while acknowledging the compassionate stance behind it.

“The reintroduction of a jury trial for civil cases in Queensland, and that is a measure that we cannot support at this time.”— 2016-11-08View Hansard

Opposed the private member's bill consistent with the committee recommendation, raising concerns about the voiding of prior settlements, insurability issues, and opposition to jury trials based on submissions including from Queensland Law Society.

“Therefore, we are not in a position to support non-government recommendation No. 2... the introduction of juries would place unnecessary burden on litigants and the judicial process.”— 2016-11-08View Hansard

Opposed the private member's bill, particularly the reintroduction of jury trials, citing Queensland Law Society concerns and noting the government had an issues paper open for wider consultation.

“I think it is overwritten with regard to common sense, the legal practicalities and also the functions of our court, and that is the proposed reintroduction of jury trials.”— 2016-11-08View Hansard

Opposed the private member's bill, raising concerns that the proposed voiding of past settlements would set a precedent allowing courts to intervene in private settlements.

“Introducing amendments such as these would be setting a precedent in Queensland and would allow the courts to intervene in private settlements—something they currently do not have the power to do.”— 2016-11-08View Hansard

Opposed the reintroduction of jury trials for civil actions, describing it as an outlandish proposal that could lead to excessive damages claims as seen in other jurisdictions.

“I suggest that this is a rather outlandish proposal from the member for Cairns in that we have not had juries for civil actions in Queensland for many years.”— 2016-11-08View Hansard

Did not support the private member's bill consistent with the committee's recommendation.

“I will be supporting the government's bill and not supporting the private member's bill. I acknowledge that this support reflects the recommendations of the Legal Affairs and Community Safety Committee.”— 2016-11-08View Hansard