Child sexual abuse and access to justice for civil claims: Time to reform the Limitation of Actions Act 1974 (Qld)

Mathews, Benjamin P. (2016) Child sexual abuse and access to justice for civil claims: Time to reform the Limitation of Actions Act 1974 (Qld). In Seeking Justice, 10 May 2016, Brisbane, Qld. (Unpublished)

Abstract

In 2015, Victoria passed laws removing the time limit in which a survivor of child sexual abuse can commence a civil claim for personal injury. The law applies also to physical abuse, and to psychological injury arising from those forms of abuse. In 2016, New South Wales made almost identical legal reforms. These reforms were partly motivated by the recommendations of inquiries into institutional child abuse. Of particular relevance is that the Australian Royal Commission Into Institutional Responses to Child Sexual Abuse recommended in 2015 that all States and Territories remove their time limits for civil claims. This presentation explores the problems with standard time limits when applied to child sexual abuse cases (whether occurring within or beyond institutions), the scientific, ethical and legal justifications for lifting the time limits, and solutions for future law reform.

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ID Code: 95586
Item Type: Conference Item (Presentation)
Refereed: No
Keywords: law, civil claims for child abuse, child sexual abuse, statute of limitations, time limitations, law reform, Royal Commission, Victoria, New South Wales
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
Copyright Owner: Copyright 2016 Author
Copyright Statement: The author reserves all legal and moral rights in relation to this work.
Deposited On: 16 May 2016 22:41
Last Modified: 16 May 2016 22:41

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