Queensland Consolidated Acts

LIMITATION OF ACTIONS ACT 1974 - SECT 11A

11A No limitation period for actions for child abuse

(1) An action for damages relating to the personal injury of a person resulting from the abuse of the person 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.

(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—

"abuse" , of a child, means—

(a) sexual abuse or serious physical abuse of the child; or

(b) psychological abuse of the child perpetrated in connection with sexual abuse or serious physical abuse of the child.