South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Limitation of Actions (Institutional Child Sexual Abuse)
Amendment Bill 2016
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 in
institutional context
3ANo limitation
period for child sexual abuse actions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Limitation of Actions (Institutional Child
Sexual Abuse) Amendment Act 2016.
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 in
institutional context
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 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 this Act, or any other Act
or law.
(2) For the purposes of this section, sexual abuse occurs in an
institutional context if the sexual abuse—
(a) occurs—
(i) on the premises of an institution; or
(ii) 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 the institution is, or
should be treated as being, responsible for persons having contact with
children.
(3) This section applies to and in respect of sexual abuse that occurred
before the commencement of this section whether or not any limitation period
previously applying in respect of a cause of action based wholly or partly on
the sexual abuse expired before that commencement.
(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 an action for damages—
(a) arising under section 24 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.
(6) 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.
Note—
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.
(7) 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.