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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.
About the author
Steven Hayles
Director
LLB
Born and raised in Mackay, Steven completed his High School studies at Pioneer High School, before moving north to complete his law degree at Townsville’s James Cook University.
During his law degree, Steven was offered a position as a law clerk with Macrossan & Amiet during University vacation periods.
After spending several stints with Macrossan & Amiet during his degree, Steven elected to commence his solicitor’s traineeship with the firm in 2006. Steven was admitted as a solicitor of the Supreme Court of Queensland on 20 April 2007.
As a Mackay local, Steven is pleased to have secured a position with such a highly regarded local firm, that has a wealth of legal experience shared between its practitioners.
When Steven is not at work, he enjoys sporting pastimes including cricket, touch football and watching the National Rugby League.
About Macrossan & Amiet Solicitors
For over 100 years, Macrossan & Amiet Solicitors has been a leading local law firm in Mackay, with offices in Proserpine and Cannonvale servicing the Whitsundays region. Our experienced solicitors provide professional legal services to individuals, families and businesses across regional Queensland.
Whether you need representation in court, assistance buying or selling property, or advice on protecting your assets, our Mackay lawyers are committed to achieving the best possible outcome for you.
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