Limitation of Actions Amendment (Child Abuse) Act 2015 (Vic)

Limitation of Actions Amendment (Child Abuse) Act 2015

No. 9 of 2015

table of provisions

Section  Page

1Purpose

2Commencement

3Transitional

4New Division 5 of Part IIA inserted

5Repeal of amending Act

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Endnotes

1      General information

Limitation of Actions Amendment (Child Abuse) Act 2015

No. 9 of 2015

[Assented to 21 April 2015]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Limitation of Actions Act 1958 to remove limitation periods that apply to actions in respect of causes of action that relate to death or personal injury resulting from child abuse.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 September 2015, it comes into operation on that day.

3Transitional

After section 27N(5) of the Limitation of Actions Act 1958 insert—

"(6)This section does not apply to a cause of action for which an action to which Division 5 applies may be brought.".

4New Division 5 of Part IIA inserted

After Division 4 of Part IIA of the Limitation of Actions Act 1958 insert—

"Division 5—Actions for personal injury resulting from child abuse

27OApplication of Division

(1)This Division applies to an action if the action—

(a)is in respect of a cause of action to which this Part applies or extends; and

(b)is founded on the death or personal injury of a person resulting from—

(i)an act or omission in relation to the person when the person is a minor that is physical abuse or sexual abuse; and

(ii)psychological abuse (if any) that arises out of that act or omission.

(2)Divisions 2 and 3 do not apply to an action of a kind referred to in section 27P.

(3)Division 2 (other than section 27F) does not apply to an action of a kind referred to in section 27Q.

(4)Division 3 applies to an action of a kind referred to in section 27Q as if a reference in section 27K(1) to a cause of action under Division 2 were a reference to a cause of action of a kind referred to in section 27Q.

Note

See also section 27N(6).

27PNo limitation period for certain actions

(1)An action to which this Division applies that is not an action that arises under Part III of the Wrongs Act 1958 may be brought at any time after the date on which the act or omission alleged to have resulted in the death or personal injury has occurred.

(2)Subsection (1) applies whether the act or omission alleged to have resulted in the death or personal injury occurs before, on
or after the commencement of section 4 of the Limitation of Actions Amendment (Child Abuse) Act 2015.

27QNo long-stop limitation period for certain actions arising under Part III of the Wrongs Act 1958

(1)An action to which this Division applies that is an action that arises under Part III of the Wrongs Act 1958 shall not be brought after the expiration of the period of 3 years from the date on which the cause of action is discoverable by the plaintiff.

Note

See section 27F for when a cause of action is discoverable by a plaintiff.

(2)Subsection (1) applies whether the date of death of the deceased is before, on or after the commencement of section 4 of the Limitation of Actions Amendment
(Child Abuse) Act 2015.

27RInteraction with other powers of court

Nothing in this Division limits—

(a)in the case of the Supreme Court, the court's inherent jurisdiction, implied jurisdiction or statutory jurisdiction; or

(b)in the case of a court other than the Supreme Court, the court's implied jurisdiction or statutory jurisdiction; or

(c)any other powers of a court arising or derived from the common law or under any other Act (including any Commonwealth Act), rule of court, practice note or practice direction.

Example

This Division does not limit a court's power to summarily dismiss or permanently stay proceedings where the lapse of time has a burdensome effect on the defendant that is so serious that a fair trial is not possible.".

5Repeal of amending Act

This Act is repealed on 1 September 2016.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 25 February 2015

Legislative Council: 19 March 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Limitation of Actions Act 1958 to remove limitation periods that apply to actions in respect of causes of action that relate to death or personal injury resulting from child abuse and for other purposes."