Part Four: Redress and Civil Litigation Report No. Recommendation Response Status The Australian Government is establishing the National Redress Scheme in response to the Royal Commission’s recommendations regarding Redress. State and territory governments should introduce legislation to The Commonwealth has action to remove 85 Accept remove any limitation period that applies to a claim for damages limitation periods where it has jurisdiction to do brought by a person where that claim is founded on the personal so. injury of the person resulting from sexual abuse of the person in On 4 May 2016, the former AttorneyGeneral, an institutional context when the person is or was a child. Senator the Hon George Brandis, made a Legal Services Direction (Time barred child abuse claims - 4 May 2016) directing Commonwealth agencies not to plead a defence based on an expired limitation period. 86 and territory governments should ensure that the limitation Accept See recommendation 85. period is removed with retrospective effect and regardless of whether or not a claim was subject to a limitation period in the past. 87 State and territory governments should expressly preserve the Noted This recommendation is a matter for state and relevant courts’ existing jurisdictions and powers so that any territory governments. jurisdiction or power to stay proceedings is not affected by the removal of the limitation period. 88 State and territory governments should implement these Accept See recommendation 85. recommendations to remove limitation periods as soon as possible, even if that requires that they be implemented before our recommendations in relation to the duty of institutions and identifying a proper defendant are implemented.
Part Four: Redress and Civil Litigation Report No. Recommendation Response Status The Australian Government is establishing the National Redress Scheme in response to the Royal Commission’s recommendations regarding Redress. 85 State and territory governments should introduce legislation to remove any limitation period that applies to a claim for damages brought by a person where that claim is founded on the personal injury of the person resulting from sexual abuse of the person in an institutional context when the person is or was a child. Accept The Commonwealth has action to remove limitation periods where it has jurisdiction to do so. On 4 May 2016, the former AttorneyGeneral, Senator the Hon George Brandis, made a Legal Services Direction (Time barred child abuse claims - 4 May 2016) directing Commonwealth agencies not to plead a defence based on an expired limitation period. 86 and territory governments should ensure that the limitation period is removed with retrospective effect and regardless of whether or not a claim was subject to a limitation period in the past. Accept See recommendation 85. 87 State and territory governments should expressly preserve the relevant courts’ existing jurisdictions and powers so that any jurisdiction or power to stay proceedings is not affected by the removal of the limitation period. Noted This recommendation is a matter for state and territory governments. 88 State and territory governments should implement these recommendations to remove limitation periods as soon as possible, even if that requires that they be implemented before our recommendations in relation to the duty of institutions and identifying a proper defendant are implemented. Accept See recommendation 85.