3A—No limitation period for child abuse actions
(1) An action for
damages relating to the death of, or personal injury to, 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 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.
(5) In this
section—
"abuse" includes any of the following:
(a)
sexual abuse;
(b)
serious physical abuse;
(c)
psychological abuse related to sexual abuse or serious physical abuse.