Pressure to Scrap Time Limits Preventing Historical Child Sex Abuse Claims

By Christopher Knaus
Brisbane Times
May 19, 2016

http://www.brisbanetimes.com.au/act-news/pressure-to-scrap-time-limits-preventing-historical-child-sex-abuse-claims-20160519-goypnf.html

The government is under pressure to move swiftly to scrap time-limits making it harder for historical child abuse victims to sue for damages.

NSW, Victoria and the federal government have all moved in recent months to remove the statute of limitations which prevented survivors from suing after too many years had passed.

A spokesman for the ACT Attorney-General Simon Corbell said the government was pushing for the establishment of the national redress scheme. Photo: Jay Cronan

The states were acting in response to the child abuse royal commission, which recommended last year that limitations be scrapped, that it be done retrospectively, and that a consistent approach be taken across jurisdictions.

It also recommended the establishment of a national redress scheme that would begin hearing applications for compensation by survivors in July 2017.

The ACT is yet to make a move on scrapping its time-limit, which is generally six years from the cause of the civil action or from the time the child turns 18.

A spokesman for the ACT Attorney-General Simon Corbell said the government was pushing for the establishment of the national redress scheme.

If that is not created, the ACT expects to take action independently in the next term of government, following October's election.

Three law firms who deal with historical cases – Ken Cush and Associates, Porter's Lawyers and the Canberra Legal Group – are pushing for the ACT to move with more urgency.

Ken Cush and Associates senior associate Sam Tierney said a bizarre situation currently existed where victims of Marist Brother John "Kostka" Chute in Queanbeyan would be able to sue, but those across the border were obstructed by time-limits.

"It seems a grossly unfair outcome for victims in the ACT to be left marooned by virtue only of geography and slow legislative reform," Mr Tierney said.

"Our ACT clients would like to see the ACT government move swiftly to follow the lead of NSW and Victoria to allow victims of childhood abuse in the ACT to also access the justice which is currently denied to them by reason of the ACT legislation."

Time-limits for child abuse are particularly problematic.

The ACT government has scrapped statute of limitation periods for criminal charges for historical child abuse, acknowledging that severe trauma and repression often prevented survivors coming forward earlier.

Canberra Legal Group managing director John Nicholl said child abuse survivors were a special class of vulnerable child victim.

"The current time-limits are inadequate, given that child survivors may not be mobilised or empowered to seek redress for many years," Mr Nicholl said.

He urged the ACT government to follow the royal commission's recommendations and introduce a bill urgently.

"Such a step would overcome the first barrier of many for child sexual and physical abuse victims and follow the exemplary lead set by Victoria and New South Wales," he said.

"Justice should be just as accessible in the ACT as it is in those jurisdictions."

Porter's Lawyers have dealt with hundreds of civil claims on historical child abuse across the country, including many in the ACT.

Principal Jason Parkinson said he had been arguing for such changes for years in the ACT, but still nothing had been done.

He said the statute of limitations was still being used by defendants to shield themselves from claims relating to historical child abuse.

"The ACT is a little island, whereas surrounding it, NSW has no statute of limitations," he said.

"Why should Canberra victims be worse off than victims in NSW."