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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Limitation of Actions (Child Sexual Abuse) Amendment
Bill 2018
A BILL FOR
An Act to amend the
Limitation
of Actions Act 1936
.
Contents
Part 2—Amendment of Limitation of
Actions Act 1936
Part 1A—Actions for child sexual
abuse
3ANo limitation period for child
sexual abuse actions
Schedule 1—Transitional and other
provisions
2Application of section 3A of Act
3Previously barred cause of action
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Limitation of Actions (Child Sexual Abuse)
Amendment Act 2018.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Limitation of Actions
Act 1936
After Part 1—insert:
Part 1A—Actions for child sexual
abuse
3A—No limitation period for child sexual abuse
actions
(1) An action for damages relating to the death of or personal injury to a
person resulting from the sexual 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 this Act, or any other Act
or law.
(2) This section applies regardless of whether the claim for damages is
brought in tort, in contract, under statute or otherwise.
(3) This section extends to an action for damages—
(a) contemplated by section 23 of the
Civil
Liability Act 1936
; or
(b) that has survived on the death of a person for the benefit of the
person's estate.
(4) This section does not limit—
(a) any inherent, implied 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 a Commonwealth Act), rule of court, practice
note or practice direction.
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.
Schedule 1—Transitional
and other provisions
In this Schedule—
Act means the
Limitation
of Actions Act 1936
;
commencement day means the day on which section 3A of the Act
came into operation.
2—Application
of section 3A of Act
Section 3A of the Act applies to an action for damages on a cause of action
that accrued before or after the commencement day (including where a limitation
period previously applying in respect of the cause of action had expired before
the commencement day).
3—Previously
barred cause of action
(1) Subject to
subclause (2)
, an action on a previously barred cause of action may be commenced even
though—
(a) another action on the cause of action had been started but not
finalised before the commencement day; or
(b) another action was started on the cause of action but discontinued
before the commencement day; or
(c) a judgment was
previously given in relation to the cause of action on the ground that a
limitation period applying to the cause of action had expired; or
(d) an action on the
cause of action was dismissed on the ground that a limitation period applying to
the cause of action had expired.
(2) An action on a
previously barred cause of action in circumstances contemplated by
subclauses (1)(c)
and
(d)
may only be commenced if a court, being satisfied that it is just and
reasonable to do so, grants permission for the action to be commenced.
(3) In granting permission under
subclause (2)
for an action on a previously barred cause of action to be commenced, a
court may make any order the court considers to be necessary for the action to
proceed or otherwise appropriate in the circumstances.
(4) In this clause—
previously barred cause of action means a cause of action for
an action to which section 3A applies in respect of which a limitation period
applying in respect of the cause of action had expired before the commencement
day.