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This is a Bill, not an Act. For current law, see the Acts databases.
Limitation of Actions Amendment (Child Abuse)
Act 2015
No. of 2015
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Transitional 2
4 New Division 5 of Part IIA inserted 2
5 Repeal of amending Act 4
Endnotes 5
1 General information 5
i
Limitation of Actions Amendment
(Child Abuse) Act 2015
No. of 2015
[Assented to ]
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the
Limitation of Actions Act 1958 to remove
limitation periods that apply to actions in respect
of causes of action that relate to death or personal
injury resulting from child abuse.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
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Limitation of Actions Amendment (Child Abuse) Act 2015
No. of 2015
(2) If a provision of this Act does not come into
operation before 1 September 2015, it comes into
operation on that day.
3 Transitional
After section 27N(5) of the Limitation of Actions
Act 1958 insert--
"(6) This section does not apply to a cause of
action for which an action to which
Division 5 applies may be brought.".
4 New Division 5 of Part IIA inserted
After Division 4 of Part IIA of the Limitation of
Actions Act 1958 insert--
"Division 5--Actions for personal injury
resulting from child abuse
27O Application of Division
(1) This Division applies to an action if the
action--
(a) is in respect of a cause of action to
which this Part applies or extends; and
(b) is founded on the death or personal
injury of a person resulting from--
(i) an act or omission in relation to
the person when the person is a
minor that is physical abuse or
sexual abuse; and
(ii) psychological abuse (if any) that
arises out of that act or omission.
(2) Divisions 2 and 3 do not apply to an action
of a kind referred to in section 27P.
(3) Division 2 (other than section 27F) does not
apply to an action of a kind referred to in
section 27Q.
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Limitation of Actions Amendment (Child Abuse) Act 2015
No. of 2015
(4) Division 3 applies to an action of a kind
referred to in section 27Q as if a reference in
section 27K(1) to a cause of action under
Division 2 were a reference to a cause of
action of a kind referred to in section 27Q.
Note
See also section 27N(6).
27P No limitation period for certain actions
(1) An action to which this Division applies that
is not an action that arises under Part III of
the Wrongs Act 1958 may be brought at any
time after the date on which the act or
omission alleged to have resulted in the
death or personal injury has occurred.
(2) Subsection (1) applies whether the act or
omission alleged to have resulted in the
death or personal injury occurs before, on
or after the commencement of section 4 of
the Limitation of Actions Amendment
(Child Abuse) Act 2015.
27Q No long-stop limitation period for certain
actions arising under Part III of the
Wrongs Act 1958
(1) An action to which this Division applies that
is an action that arises under Part III of the
Wrongs Act 1958 shall not be brought after
the expiration of the period of 3 years from
the date on which the cause of action is
discoverable by the plaintiff.
Note
See section 27F for when a cause of action is
discoverable by a plaintiff.
(2) Subsection (1) applies whether the date of
death of the deceased is before, on or after
the commencement of section 4 of the
3
Limitation of Actions Amendment (Child Abuse) Act 2015
No. of 2015
Limitation of Actions Amendment
(Child Abuse) Act 2015.
27R Interaction with other powers of court
Nothing in this Division limits--
(a) in the case of the Supreme Court, the
court's inherent jurisdiction, implied
jurisdiction or statutory jurisdiction; or
(b) in the case of a court other than the
Supreme Court, the court's implied
jurisdiction or statutory jurisdiction; or
(c) 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.
Example
This Division 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 Repeal of amending Act
This Act is repealed on 1 September 2016.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
4
Limitation of Actions Amendment (Child Abuse) Act 2015
No. of 2015
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Limitation of Actions Act 1958 to remove limitation periods that apply
to actions in respect of causes of action that relate to death or personal
injury resulting from child abuse and for other purposes."
By Authority. Government Printer for the State of Victoria.
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