Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016 (Qld)

An Act to amend the Civil Proceedings Act 2011 , the Legal Profession Act 2007, the Limitation of Actions Act 1974 , the Personal Injuries Proceedings Act 2002 , the Personal Injuries Proceedings Regulation 2014 , the Queensland Civil and Administrative Tribunal Act 2009 and the Queensland Civil and Administrative Tribunal Regulation 2009 , for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

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

2 Commencement (1) The following provisions commence on a day to be fixed by proclamation— (a) part 2; (b) part 3, divisions 1, 3 and 4. (2) Part 3, division 2 commences on 1 January 2017.

Part 2 Amendment of Limitation of Actions Act 1974

3 Act amended This part amends the Limitation of Actions Act 1974 .

4 Insertion of new s 11A After section 11— insert—

11A No limitation period for actions for child sexual abuse happening in institutional context (1) An action for damages relating to the personal injury of a person resulting from the sexual abuse of the person in an institutional context when the person was a child— (a) may be brought at any time; and (b) is not subject to a limitation period under an Act or law or rule of law. (2) For subsection (1), sexual abuse happens in an institutional context if the sexual abuse— (a) happens— (i) on the premises of an institution; or (ii) where activities of an institution take place; or (iii) in connection with the activities of an institution; or (b) is engaged in by an official of an institution in circumstances, including circumstances involving settings not directly controlled by the institution, in which the institution has, or the institution's activities have, (whether by act or omission) created, facilitated, increased, or contributed to— (i) the risk of sexual abuse of children; or (ii) the circumstances or conditions giving rise to the risk of sexual abuse of children; or (c) happens in any other circumstances in which an institution is, or should be treated as being, responsible for persons having contact with children. (3) This section applies whether the claim for damages is brought in tort, in contract, under statute, or otherwise. (4) This section applies to an action for damages— (a) arising under the Civil Proceedings Act 2011 , section 64; or (b) that has survived on the death of a person for the benefit of the person's estate under the Succession Act 1981 , section 66. (5) This section does not limit— (a) any inherent, implied or statutory jurisdiction of a court; or (b) any other powers of a court under the common law or any other Act (including a Commonwealth Act), rule of court or practice direction. Example— This section does not limit a court's power to summarily dismiss or permanently stay proceedings if the lapse of time has a burdensome effect on the defendant that is so serious that a fair trial is not possible. (6) In this section— institution means an entity (whether existing or no longer existing, whether or not incorporated, and however described) that provides or provided activities, facilities, programs or services of any kind that gives or gave an opportunity for a person to have contact with a child. official of an institution includes— (a) a representative (however described) of the institution or a related entity; and (b) a member, officer, employee, associate, contractor or volunteer (however described) of the institution or a related entity; and (c) a person who provides services to, or for, the institution or a related entity, including, for example, a member, officer, employee, associate, contractor or volunteer (however described) of an entity; and (d) any other person who would be considered as, or should be treated as if the person were, an official of the institution.