An Act to amend the Civil Liability Act 2003 , the Civil Proceedings Act 2011 , the Limitation of Actions Act 1974 , the Personal Injuries Proceedings Act 2002 and the Personal Injuries Proceedings Regulation 2014 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Limitation of Actions and Other Legislation (Child Abuse Civil Proceedings) Amendment Act 2016 .
This part amends the Civil Liability Act 2003 .
3Replacement of s 73 (Exclusion of jury trial)
Section 73—
omit, insert—(1)This section applies to a proceeding in a court based on a claim that is—(a)for personal injury damages; and(b)not related to personal injury resulting from child abuse.(2)The proceeding must be decided by the court sitting without a jury.(3)In this section—child abuse means any of the following perpetrated in relation to an individual while the individual is a child—(a)sexual abuse;(b)serious physical abuse;(c)any other abuse (connected abuse) perpetrated in connection with sexual abuse or serious physical abuse of the child, whether or not the connected abuse was perpetrated by the person who perpetrated the sexual abuse or serious physical abuse.
This part amends the Civil Proceedings Act 2011 .
After section 22—
insert—22APermanent stay or dismissal of child abuse proceeding
(1)This section applies to a proceeding if—(a)the proceeding is brought against an institution (the defendant) for a personal injury resulting from child abuse; and(b)one or more of the following apply—(i)acts or omissions of the defendant in the proceeding caused or contributed to delay in the start of the proceeding;(ii)an inquiry has made a finding that the child abuse happened, or the defendant is liable for the child abuse;(iii)the defendant has made an apology for the child abuse, or a circumstance related to the child abuse;(iv)the defendant has otherwise admitted or acknowledged, either expressly or impliedly, the child abuse, or a circumstance related to the child abuse, happened;(v)the defendant has made an express or implied admission of liability for the child abuse.(2)Despite any other Act, law or rule of law, the following are not grounds on which the court may permanently stay or dismiss the proceeding—(a)the period of time that has elapsed between the cause of action and the start of the proceeding;(b)if subsection (1)(b)(iii) to (v) applies—the tendency of the period of time, or circumstances caused by or related to the period of time, to prevent, or make it difficult for, the defendant to deny or disprove admitted issues.Examples of circumstances caused by or related to the period of time—
the loss of evidence or unavailability of witnesses(3)Subsection (2) does not apply if the plaintiff in the proceeding delayed the start of the proceeding to prejudice the defendant or the fair trial of the proceeding.(4)In this section—admitted issue means—(a)for an apology mentioned in subsection (1)(b)(iii)—the happening of any act, omission or other thing apologised for; or(b)for an admission or acknowledgment mentioned in subsection (1)(b)(iv)—the happening of any act, omission or other thing admitted or acknowledged; or(c)for an admission mentioned in subsection (1)(b)(v)—(i)the liability for the child abuse; and(ii)the happening of any act, omission or other thing admitted, either expressly or impliedly.apology, in relation to child abuse, means an expression of sympathy or regret, or of a general sense of benevolence or compassion, in connection with the child abuse, whether or not the apology admits or implies an admission of liability in relation to the child abuse.child abuse means any of the following perpetrated in relation to an individual while the individual is a child—(a)sexual abuse;(b)serious physical abuse;(c)any other abuse (connected abuse) perpetrated in connection with sexual abuse or serious physical abuse of the child, whether or not the connected abuse was perpetrated by the person who perpetrated the sexual abuse or serious physical abuse.inquiry means a Royal Commission, commission or committee of inquiry, or a similar body.institution means any of the following, however described and whether or not incorporated—(a)a public or private body, agency, association, club, institution or organisation;(b)any other entity or group of entities.
This part amends the Limitation of Actions Act 1974 .
7Amendment of s 5 (Interpretation)
Section 5(1)—
insert—child abuse means any of the following perpetrated in relation to an individual while the individual is a child—(a)sexual abuse;(b)serious physical abuse;(c)any other abuse (connected abuse) perpetrated in connection with sexual abuse or serious physical abuse of the child, whether or not the connected abuse was perpetrated by the person who perpetrated the sexual abuse or serious physical abuse.
8Amendment of s 8 (Provisions as to actions already barred and pending actions)
Section 8(1), after ‘sections’—
insert—11(3A),
9Amendment of s 11 (Actions in respect of personal injury)
Section 11—
insert—(3A)Also, a right of action relating to personal injury resulting from child abuse is not subject to a limitation period under an Act, law or rule of law.
10Insertion of new pt 5, div 1, hdg
Part 5, before section 44—
insert—
11Insertion of new pt 5, div 2, hdg
Part 5, before section 45—
insert—
12Insertion of new pt 5, div 3, hdg
Part 5, before section 46—
insert—
13Insertion of new pt 5, div 4, hdg
Part 5, before section 47—
insert—
14Insertion of new pt 5, div 5
Part 5—
insert—Division 5 Transitional provisions for Limitation of Actions and Other Legislation (Child Abuse Civil Proceedings) Amendment Act 2016
In this division—period of limitation, for a right of action, means the period of limitation applying to the right of action, immediately before the commencement, under—(a)this Act; or(b)another Act or a law or rule of law.49Rights of action accruing before commencement
(1)Section 11(3A) applies to a right of action relating to personal injury resulting from child abuse whether the right of action accrued before or after the commencement.(2)However, subsection (1) does not apply if—(a)judgment has been given in the action other than on the ground that the period of limitation applying to the action had expired; or(b)the action was settled or discontinued before the period of limitation for the action expired.(1)An action (the new action) on a barred right of action may be brought even though a judgment (the existing judgment) has been given—(a)in relation to the barred right of action; and(b)on the ground the period of limitation for the right of action has expired.(2)The new action may be brought as if the action in relation to which the existing judgment was given had not been commenced.(3)If a new action is brought under this section—(a)the existing judgment is taken to have never been made; but(b)a court hearing the new action may—(i)when awarding damages in relation to the action—take into account any amounts paid or payable as damages under the existing judgment; or(ii)when awarding costs in relation to the action—take into account any amounts paid or payable as costs under the existing judgment.(4)In this section—barred right of action means a right of action if—(a)the right of action relates to personal injury resulting from child abuse; and(b)immediately before the commencement, an action on the right of action could not be brought because of a period of limitation.51Settlement agreements relating to child abuse
(1)This section applies if—(a)a right of action relating to personal injury resulting from child abuse was settled; and(b)the agreement (the settlement agreement) effecting the settlement was executed after the period of limitation for the right of action expired but before the commencement.(2)The settlement agreement does not prevent a person from bringing an action, on the right of action, after the commencement.(3)If a person brings an action on the right of action, the settlement agreement is void despite any Act, law or rule of law.(4)A party to the voided settlement agreement may not seek to recover money paid by, or for, the party under the agreement.(5)However, a court hearing an action brought under this section may—(a)when awarding damages in relation to the action—take into account any amounts paid or payable as consideration under the voided settlement agreement; and(b)when awarding costs in relation to the action—take into account any amounts paid or payable as costs under the voided settlement agreement.(6)To remove any doubt, a collateral agreement between the parties to the settlement agreement, that is dependent on or is associated with the settlement agreement, forms part of the settlement agreement.
This part amends the Personal Injuries Proceedings Act 2002 .
16Amendment of s 9 (Notice of a claim)
(1)Section 9—
insert—(9C)Subsections (3), (5) and (6) do not apply to a claim relating to personal injury resulting from child abuse.(2)Section 9(10)—
insert—child abuse means any of the following perpetrated in relation to an individual while the individual is a child—(a)sexual abuse;(b)serious physical abuse;(c)any other abuse (connected abuse) perpetrated in connection with sexual abuse or serious physical abuse of the child, whether or not the connected abuse was perpetrated by the person who perpetrated the sexual abuse or serious physical abuse.
Chapter 4—
insert—Part 7 Transitional provision for Limitation of Actions and Other Legislation (Child Abuse Civil Proceedings) Amendment Act 2016
86Claims arising before commencement
Section 9(9C) applies to a claim mentioned in that subsection whether the claim arose before or after the commencement.
This part amends the Personal Injuries Proceedings Regulation 2014 .
19Amendment of s 7 (Claimant may add other respondents—Act, s 14)
Section 7(1)(a)—
omit, insert—(a)for a claim to which section 9(3) or 9A(9)(b) of the Act applies—the day by which part 1 of a notice of the claim must be given by the claimant under that section;