Child abuse civil claims: Victorian Government to remove time limit for legal action

ABC News
February 24, 2015

http://www.abc.net.au/news/2015-02-24/legal-hurdle-for-sex-abuse-victims-set-to-be-abolished/6243576

The Victorian Government is set to abolish a major legal hurdle for child abuse victims who want to sue their attackers.

Legislation will be introduced into the Victorian Parliament to remove the time limit imposed on child abuse victims who want to launch civil claims.

Currently under the law there is a 12-year time limit to take action over alleged abuse.

Changes will mean people who suffered abuse as a child decades ago will be able to seek civil damages.

Attorney-General Martin Pakula said victims should not be penalised for not acting immediately.

"The Government has decided it's going to implement all of the recommendations of the Betrayal of Trust [report] and one of those recommendations was that limitation on civil actions be removed," he said.

"We think it's entirely appropriate that that occurs."

The Betrayal of Trust report examined the handling of child abuse by religious and other organisation.

"We would certainly hope for unanimous support from across the Parliament for the removal of these time limits which, in some circumstances, have prevented victims from pursuing civil remedies," Mr Pakula said.

Victoria's Opposition Leader Matthew Guy said he supported the proposal.

"Any moves to reform issues around child sex complaints, or indeed around family violence, need a base level of support, and that's what they'll get from the Opposition," he said.

Mr Pakula said institutions and organisations should be prepared to deal with an increase in the number of people who want to launch civil claims.

"There have been many instances where organisations have relied on time limits to prevent them from bringing those legal actions, and we're moving to take those time limits away," he said.

"If that means that there are more cases, then I think those organisations and institutions where this abuse has occurred need to be prepared to deal with that."

The Australian Lawyers Alliance welcomed the change, calling it a major step forward for victims.

"[Victoria's] the first of the states and territories to act and goes a long way towards filling the bipartisan agreement following the Victorian Upper House inquiry," spokesman Dr Andrew Morrison SC said.

He said there were similar plans in NSW and the royal commission was also examining the issue.

Dr Morrison hoped the commission would recommend that time limits be removed in all jurisdictions and the changes would apply retrospectively.

"The difficulties about doing this thing piecemeal are horrendous," he said.

"There's a great range of limitation regimes across Australia and given that the abuse has occurred across borders you wouldn't want a situation where some parts of Australia offer remedies and others don't.

"One would hope that the royal commission will recommend a single regime for Australia though the actual legislation has to be from the states and territories."