Legal Services Direction to affect time-barred child abuse claims until 2019

On 4 May 2016, the Attorney-General directed Commonwealth Agencies to refrain from pleading a limitation period defence to claims brought by survivors of child sexual abuse.

The Attorney-General's Direction further extends to prohibiting Commonwealth Agencies from opposing any application for an extension of the limitation period for a time-barred child abuse claim. However, and relevantly for Agencies that are already involved in these types of claims, the Direction does not apply to any proceeding whereby a Court has already determined the limitation issue—both in the context of a successful defence to a claim based on the expiration of the limitation period or a failed application for an extension of a limitation period in a child abuse claim.