Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016
Plain English Summary
Overview
This bill does four things at once. It removes the time limit for survivors of institutional child sexual abuse to sue for damages (even for abuse that happened decades ago), creates a modern class action system in the Supreme Court, closes a trust fund that helped pay for legal services, and makes permanent the scheme that lets Justices of the Peace hear minor civil disputes in QCAT.
Who it affects
Survivors of institutional child sexual abuse gain the right to sue without any time limit. Institutions that had responsibility for children, groups of people wronged by the same defendant, solicitors, and people with small civil disputes are all affected in different ways.
No more time limits for institutional child sexual abuse claims
Survivors of child sexual abuse that happened in an institutional context (schools, churches, orphanages, sporting clubs, care homes) can now sue for damages at any time. The change is retrospective, so it applies to abuse from decades ago. Courts can even set aside earlier judgments that threw cases out because they were filed too late.
- No time limit applies to claims for child sexual abuse in an institutional context
- Applies retrospectively, including to claims previously barred by expired time limits
- Courts can set aside earlier judgments that were based only on the time limit running out
- Courts keep the power to stop a case going ahead if a fair trial is impossible because too much time has passed
A proper class action system in the Supreme Court
Queensland gets a comprehensive statutory scheme for representative proceedings (class actions), modelled on the Federal Court, Victorian and NSW schemes. Seven or more people with related claims against the same defendant can bring a single action, and limitation periods are paused for group members while the case is running.
- Seven or more people with related claims can bring a single representative proceeding
- Group members are included automatically unless they opt out
- Any settlement or discontinuance must be approved by the court
- Limitation periods are suspended for group members while the proceeding runs
- Successful representative parties can recover extra costs from the damages awarded
Legal profession trust account reforms
The Legal Practitioner Interest on Trust Accounts Fund (LPITAF) is closed, and the interest that previously funded Legal Aid Queensland, the Law Society and others will instead come from the state's consolidated fund. Solicitors no longer need to keep separate 'prescribed' trust accounts.
- LPITAF closed and any money left transferred to consolidated revenue
- Solicitors only need to keep a single general trust account
- The chief executive (not the Law Society) now approves banks that can hold trust money
JP-run QCAT minor disputes made permanent
The arrangement under which Justices of the Peace hear small civil disputes (up to $5,000) in QCAT would have expired on 13 November 2016. The bill removes that expiry so the scheme continues indefinitely.
- JPs can permanently hear minor civil disputes up to $5,000 as QCAT members
- Matters covered include residential tenancy disputes, dividing fences, small debts and consumer disputes
- Scheme operates in Brisbane, Ipswich, Maroochydore, Southport and Townsville
Bill Journey
Committee report tabled
Referenced Entities
Legislation
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Sectors Affected
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