New South Wales Consolidated Acts
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LIMITATION ACT 1969 - SECT 6A
No limitation period for child abuse actions
(1) An action for damages that relates to the death of or personal injury to a
person resulting from an act or omission that constitutes child abuse of the
person may be brought at any time and is not subject to any limitation period
under this Act despite any other provision of this Act.
(2) In this section,
"child abuse" means any of the following perpetrated against a person when the
person is under 18 years of age--
(a) sexual abuse,
(b) serious physical
(c) any other abuse (
"connected abuse" ) perpetrated in connection with sexual abuse or serious
physical abuse of the person (whether or not the connected abuse was
perpetrated by the person who perpetrated the sexual abuse or serious physical
(3) To remove doubt, connected abuse is child abuse only if both the
connected abuse and the sexual abuse or serious physical abuse in connection
with which it is perpetrated are perpetrated when the person is under 18 years
(4) This section applies regardless of whether the claim for damages
is brought in tort, in contract, under statute or otherwise.
(5) This section
extends to the following causes of action--
(a) a cause of action that arises
under the Compensation to Relatives Act 1897 ,
(b) a cause of action that
survives on the death of a person for the benefit of the person's estate under
section 2 of the Law Reform (Miscellaneous Provisions) Act 1944 .
section does not limit--
(a) any inherent jurisdiction, implied jurisdiction
or statutory jurisdiction of a court, or
(b) any other powers of a court
arising or derived from the common law or under any other Act (including any
Commonwealth Act), rule of court, practice note or practice direction.
For example, this section does not limit a court's power to summarily dismiss
or permanently stay proceedings where the lapse of time has a burdensome
effect on the defendant that is so serious that a fair trial is not possible.
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