AustLII Tasmanian Consolidated Acts

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LIMITATION ACT 1974 - SECT 5B

No limitation period where sexual or physical abuse of minor

(1)  Despite section 5A and section 26A  –
(a) an action for damages for personal injury to a person arising from or related to the sexual abuse, or serious physical abuse, of the person when the person was a minor; or
(b) an action for damages under the Fatal Accidents Act 1934 in respect of the death of a person arising from or related to the sexual abuse, or serious physical abuse, of the person when the person was a minor –
may be brought at any time.
(2)  A reference in this section to the sexual abuse, or serious physical abuse, of a person when the person was a minor includes any psychological abuse that arises from the sexual abuse or the serious physical abuse.
(3)  Nothing in this section limits –
(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 an Act of the Commonwealth, rule of court, practice note or practice direction.



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