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ARTICLE · 21 DECEMBER 2015

Limitations Amendment (Child Abuse Civil Actions) Bill 2015 (NSW)

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These proposed changes, which were defeated, would have removed the limitations period for child sexual abuse in NSW.

AustraliaLitigation, Mediation & Arbitration
Martin Slattery
Martin Slattery
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On 15 October 2015, the introduction of proposed legislation by the NSW shadow Attorney General for the amendment of Limitation Act 1969 (NSW) to remove the limitations period for matters related to historical child sexual abuse was defeated.

Similar legislation was enacted in Victoria (which abolished limitation periods in civil child abuse matters) as of 1 July this year. The Royal Commission into Institutional Responses to Child Sexual abuse has been recommending this action.

  1. What were the proposed changes?

The proposed changes would have removed limitations period specifically for child sexual abuse. At present, the limitation period for 'personal injury' in NSW is 3 years from discovery 1.

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