The Queensland State Government has announced that it will introduce legislation to remove the statute of limitations for victims of childhood sexual abuse.
In Queensland, the Limitation of Actions Act 1974, (“LAA”) sets out limitation periods for the commencement of various court proceedings in Queensland including claims for damages for personal injury that may be caused by childhood sexual abuse.
Generally speaking, the LAA provides that a claim for damages for personal injury must be brought within three (3) years from the date the cause of action arose. Currently this period is extended if the person making the claim was a child under the age of 18 years at the time the cause of action arose.
The effect of the current legislation is that victims of childhood sexual abuse intending to make a claim for compensation are required to commence court proceedings within three (3) years from the date of their 18th birthday (when they turn 21).
If legal proceedings are not commenced within the time limit, then the right to bring a claim for compensation may be lost unless an application for an extension of time is granted by a Court.
It is anticipated that the proposed changes will allow individuals who have suffered from child abuse access to compensation even if more than 3 (three) years have passed from the child’s 21st birthday.
The proposed changes are expected to be introduced to the Queensland Parliament and passed into Law later this month.
