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

Overview

This bill would have removed time limits on civil lawsuits for child abuse, allowing survivors to sue institutions no matter how long ago the abuse happened. It also let survivors undo past settlements forced by expiring deadlines, stopped institutions from getting cases dismissed over delays they themselves caused, and restored jury trials for these cases. The bill failed at the second reading and did not become law.

Who it affects

Survivors of child sexual and serious physical abuse would have gained the right to seek compensation from institutions decades after the abuse. Churches, schools, charities and government bodies that ran children's services would have faced renewed legal exposure for historical abuse.

Key changes

• Removed the time limit for suing over personal injury from child abuse, retrospectively
• Allowed survivors to void past settlements that were signed under the pressure of expiring time limits
• Stopped institutions from having cases thrown out on delay grounds where they caused the delay or had already admitted the abuse
• Restored the right to trial by jury for civil child abuse cases
• Defined child abuse to include sexual abuse, serious physical abuse, and abuse outside institutions, not just in them