Nsw Reviews Time Limit on Child Sexual Abuse Claims

By Sarah Gerathy
ABC News
January 23, 2015

http://www.abc.net.au/news/2015-01-23/nsw-reviews-time-limit-on-child-sexual-abuse-claims/6040754

The New South Wales Government is considering removing a time limit on legal claims being lodged by victims of child sexual abuse.

Under existing laws, victims of child sexual abuse in NSW typically have between three and 12 years to sue for damages in a civil court before the statute of limitations can be used to block their claims.

But Attorney-General Brad Hazzard said the Royal Commission into Institutional Responses to Child Sexual Abuse had highlighted the trauma this causes victims, who often taken years to work up the courage to come forward.

"Most of us would be thinking after hearing the horror stories at the royal commission that removing the limitation would be a good way to go," said Mr Hazzard.

"People who have suffered at the hands of others sometimes take 20, 30 years to just build up the courage to be able to say anything.

"With that background now it's a bit strange that there's a limitation in the law that says you can't bring proceedings."

People who have suffered at the hands of others sometimes take 20, 30 years to just build up the courage to be able to say anything.

Attorney-General Brad Hazzard

Mr Hazzard released a discussion paper examining whether the time limits should be extended to allow victims more time to lodge civil claims, or scrapped all together.

The public will have until March 20 to have their say on the issue.

He conceded that some institutions may not like the proposals the discussion paper raises.

"Clearly there will be individuals and institutions that will now be exposed to legal proceedings who would otherwise have been able to shield themselves by virtue of NSW law," he said.

"That's why the Baird Government ... is saying there has to be a discussion about removing those artificial time limits."

He said the Government would not make its final decision until it had looked at all the feedback on the discussion paper.

President of Adults Surviving Child Abuse Dr Cathy Kezelman welcomed the move.

"Child abuse victims face multiple barriers to pursuing a civil litigation process," she said.

"It is high time that an understanding of trauma and its impacts inform the justice process."

Each state and territory has different rules governing the time limits on civil claims by victims of child sexual abuse.

In all jurisdictions, judges can grant extensions to the timelines in extraordinary circumstances or defendants can waive the time limit.

Victoria has already drawn up draft legislation to scrap such time restrictions.

The Victorian legislation is intended to apply to past and future claims of abuse, but not to claims which have been previously settled or already gone to a final hearing.