New South Wales Consolidated Acts

LIMITATION ACT 1969 - SECT 6A

6A No limitation period for child abuse actions

(1) An action for damages that relates to the death of or personal injury to a person resulting from an act or omission that constitutes child abuse of the person may be brought at any time and is not subject to any limitation period under this Act despite any other provision of this Act.

(2) In this section,
"child abuse" means any of the following perpetrated against a person when the person is under 18 years of age--

(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 person (whether or not the connected abuse was perpetrated by the person who perpetrated the sexual abuse or serious physical abuse).

(3) To remove doubt, connected abuse is child abuse only if both the connected abuse and the sexual abuse or serious physical abuse in connection with which it is perpetrated are perpetrated when the person is under 18 years of age.

(4) This section applies regardless of whether the claim for damages is brought in tort, in contract, under statute or otherwise.

(5) This section extends to the following causes of action--

(a) a cause of action that arises under the Compensation to Relatives Act 1897 ,

(b) a cause of action that survives on the death of a person for the benefit of the person's estate under section 2 of the Law Reform (Miscellaneous Provisions) Act 1944 .

(6) This section does not limit--

(a) any inherent jurisdiction, implied jurisdiction or statutory jurisdiction of a court, or

(b) any other powers of a court arising or derived from the common law or under any other Act (including any Commonwealth Act), rule of court, practice note or practice direction.

Note--: For example, this section does not limit a court's power to summarily dismiss or permanently stay proceedings where the lapse of time has a burdensome effect on the defendant that is so serious that a fair trial is not possible.