Child Sex Abuse Laws: Greens Push to Remove Time Limit on Victims" Damages Claims

By Emma Partridge
Sydney Morning Herald
September 17, 2015

http://www.smh.com.au/nsw/child-sex-abuse-laws-greens-push-to-remove-time-limit-on-victims-damages-claims-20150916-gjo8uk.html

Greens justice spokesman David Shoebridge said the changes would be "timely, responsive and fair". Photo: Sahlan Hayes

Child abuse victims would be able to seek damages regardless of when they were abused under new laws proposed on Thursday.

It is not acceptable to make victims of abuse wait any longer for these simple, practical changes.

David Shoebridge, Greens justice spokesman

The NSW Greens introduced a bill to State Parliament to remove complex limitation times following recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse on Monday.

A report on redress and civil litigation recommended state and territory governments remove any limitation periods that applied to damage claims by a person who had been sexually abused.

Victoria removed the limitations under laws introduced in February this year.

"These findings from the royal commission are comprehensive and unambiguous. It is not acceptable to make victims of abuse wait any longer for these simple, practical changes to the law here in NSW," Greens justice spokesman David Shoebridge said.

"It is time to put in place a redress scheme for victims of child sexual abuse in institutions that is timely, responsive and fair."

Under current laws, civil claims must be made within a maximum of three years from the time of abuse or three years from a victim turning 18.

Survivors Network of Those Abused by Priests leader Nicky Davis said the limitation period was "abhorrent".

"There is no purpose for it apart form denying survivors justice," Ms Davis said. "I encourage the NSW parliamentarians to enact this vital legislation as soon as possible and follow he excellent lead of Victoria and not wait for the rest of the country to catch up for the federal government to catch up. This is something that is long overdue and clear injustice."

The royal commission also found that survivors with a "reasonable likelihood" of having been abused should receive at least $10,000 and up to $200,000 in the most severe cases.

"In our view, the current civil litigation systems and past and current redress processes have not provided justice for many survivors," the commission's report said.