Removal of Limitation Periods for Appeals Against Stays of Child Abuse Claims
Limitation and Civil Liability Amendment (Permanent Stays) Bill 2024
Private Member's Bill1st House
2nd House
Law
Introduced by: Jeremy Buckingham (LCP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Appellants can appeal a court's decision to stay child abuse proceedings regardless of time limits; this applies to decisions made on or after 17 March 2016.
Courts must treat staying proceedings as a last resort; it can only happen in exceptional cases.
The passing of time or lost evidence cannot be used as an exceptional reason to stay a child abuse claim.
Courts can set aside agreements that prevent child abuse actions if the agreement is not just and reasonable.
Courts can also set aside such agreements if a party previously suggested or applied for a stay of the action.
The law confirms that life-long harm can delay claims for decades; loss of evidence is common in these cases.
Institutional defendants are defined as any organisation; this includes public sector bodies but excludes the State.