Limitation of Actions and Other Legislation (Child Abuse Civil Proceedings) Amendment Bill 2016* (Qld)

An Act to amend the Civil Liability Act 2003 , the Civil Proceedings Act 2011 , the Limitation of Actions Act 1974 , the Personal Injuries Proceedings Act 2002 and the Personal Injuries Proceedings Regulation 2014 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Limitation of Actions and Other Legislation (Child Abuse Civil Proceedings) Amendment Act 2016 .

Part 2 Amendment of Civil Liability Act 2003

2 Act amended This part amends the Civil Liability Act 2003 .

3 Replacement of s 73 (Exclusion of jury trial) Section 73— omit, insert—

73 Exclusion of jury trial (1) This section applies to a proceeding in a court based on a claim that is— (a) for personal injury damages; and (b) not related to personal injury resulting from child abuse. (2) The proceeding must be decided by the court sitting without a jury. (3) In this section— child abuse means any of the following perpetrated in relation to an individual while the individual is a child— (a) sexual abuse; (b) serious physical abuse; (c) any other abuse (connected abuse) perpetrated in connection with sexual abuse or serious physical abuse of the child, whether or not the connected abuse was perpetrated by the person who perpetrated the sexual abuse or serious physical abuse.

Part 3 Amendment of Civil Proceedings Act 2011

4 Act amended This part amends the Civil Proceedings Act 2011 .

5 Insertion of new s 22A After section 22— insert—

22A Permanent stay or dismissal of child abuse proceeding (1) This section applies to a proceeding if— (a) the proceeding is brought against an institution (the defendant) for a personal injury resulting from child abuse; and (b) one or more of the following apply— (i) acts or omissions of the defendant in the proceeding caused or contributed to delay in the start of the proceeding; (ii) an inquiry has made a finding that the child abuse happened, or the defendant is liable for the child abuse; (iii) the defendant has made an apology for the child abuse, or a circumstance related to the child abuse; (iv) the defendant has otherwise admitted or acknowledged, either expressly or impliedly, the child abuse, or a circumstance related to the child abuse, happened; (v) the defendant has made an express or implied admission of liability for the child abuse. (2) Despite any other Act, law or rule of law, the following are not grounds on which the court may permanently stay or dismiss the proceeding— (a) the period of time that has elapsed between the cause of action and the start of the proceeding; (b) if subsection (1)(b)(iii) to (v) applies—the tendency of the period of time, or circumstances caused by or related to the period of time, to prevent, or make it difficult for, the defendant to deny or disprove admitted issues. Examples of circumstances caused by or related to the period of time— the loss of evidence or unavailability of witnesses (3) Subsection (2) does not apply if the plaintiff in the proceeding delayed the start of the proceeding to prejudice the defendant or the fair trial of the proceeding. (4) In this section— admitted issue means— (a) for an apology mentioned in subsection (1)(b)(iii)—the happening of any act, omission or other thing apologised for; or (b) for an admission or acknowledgment mentioned in subsection (1)(b)(iv)—the happening of any act, omission or other thing admitted or acknowledged; or (c) for an admission mentioned in subsection (1)(b)(v)— (i) the liability for the child abuse; and (ii) the happening of any act, omission or other thing admitted, either expressly or impliedly. apology, in relation to child abuse, means an expression of sympathy or regret, or of a general sense of benevolence or compassion, in connection with the child abuse, whether or not the apology admits or implies an admission of liability in relation to the child abuse. child abuse means any of the following perpetrated in relation to an individual while the individual is a child— (a) sexual abuse; (b) serious physical abuse; (c) any other abuse (connected abuse) perpetrated in connection with sexual abuse or serious physical abuse of the child, whether or not the connected abuse was perpetrated by the person who perpetrated the sexual abuse or serious physical abuse. inquiry means a Royal Commission, commission or committee of inquiry, or a similar body. institution means any of the following, however described and whether or not incorporated— (a) a public or private body, agency, association, club, institution or organisation; (b) any other entity or group of entities.