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Call For Submissions

Submissions to this inquiry closed on 16 September 2016.

Committee Report

The Committee's report on the Bill was tabled on 1 November 2016. A copy of the Report can be viewed here - Report No. 41, 55th Parliament - Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016 and Limitation of Actions and Other Legislation (Child Abuse Civil Proceedings) Amendment Bill 2016.

The second reading debate on the Bills are available here (from p4267).   To view footage of the debate, click the movie camera icon next to the speaker's name

Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016

The explanatory notes to the Bill advise that the Bill proposes to:

• Abolish limitation periods for institutional child sexual abuse:  Create a more accessible civil litigation system for survivors of child sexual abuse where that abuse has occurred in an institutional context, by retrospectively abolishing the limitation periods that apply to claims for damages arising from such abuse 
• Introduce ‘class actions’:  Introduce a comprehensive statutory regime to facilitate the effective conduct and management of representative proceedings, known as ‘class actions’, in Queensland
• Improve solicitors’ trust accounts administration:  Replace current funding arrangements under the Legal Practitioner Interest on Trust Accounts Fund with funding through the Consolidated Fund and improving solicitors’ trust accounts administration generally, and
• Preserve JP QCAT jurisdiction:  Permanently embed the arrangement whereby Justices of the Peace (JPs) hear certain minor civil dispute matters in the Queensland Civil and Administrative Tribunal (QCAT).

The Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016 and Explanatory Notes are available from the Office of the Queensland Parliamentary Counsel at www.legislation.qld.gov.au.

The Hansard transcript of the explanatory speech for the Bill can be accessed here.

Limitation of Actions and Other Legislation (Child Abuse Civil Proceedings) Amendment Bill 2016

The explanatory notes to the Bill advise that the Bill proposes to:

• reintroduce the right to trial by jury for civil actions for personal injury arising from child abuse

• remove civil statutory time limits and procedural time limits for personal injury actions arising from child abuse, with the following features:

  • do this with retrospective effect

  • apply this to judgements made based on the application of previous time limits

  • apply this to settlements made based on the application of previous time limits

  • exclude this from actions properly tried on their merits

  • exclude this from actions judged or settled for any reason other than the application of previous time limits

  • exclude this from actions settled within time (and therefore previous time limits were not a factor)

  • allow  a  court  when  awarding  new  damages  to  take  into  consideration  previous settlement or judgement amounts paid.

• make a number of amendments to the Civil proceedings Act 2011 to:

  • prevent an institution from having civil proceedings stayed on the basis of passage of time where the institution was the cause of the passage of time

  • prevent an institution from having civil proceedings stayed on the basis of seeking to question facts (either facts of the child abuse or facts of liability) where the institution has already admitted those facts, or an inquiry has made formal findings regarding those facts

  • limit this provision to a defendant who is an institution

  • restrict this provision from applying to an institution who has not acted or omitted to cause a delay in the start of the proceeding

  • expressly exclude the application of this provision where the delay in commencement of proceedings is caused intentionally by the claimant.

• define child abuse in the above provisions as not restricted to an institutional context and as including both sexual abuse and serious physical abuse.

The Limitation of Actions and Other Legislation (Child Abuse Civil Proceedings) Amendment Bill 2016 and the explanatory notes are available from the Office of the Queensland Parliamentary Counsel at www.legislation.qld.gov.au.

The Hansard transcript of the explanatory speech for the Bill can be accessed here.  

Other Information

Further information about the process for this inquiry will be published in due course.

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Public Briefings

Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016

The committee was briefed on the Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016 by representatives from the Department of Justice and Attorney-General on 31 August 2016. A copy of the transcript can be accessed here

Limitation of Actions and Other Legislation (Child Abuse Civil Proceedings) Amendment Bill 2016

Mr Rob Pyne MP, Member for Cairns briefed the committee on the Limitation of Actions and Other Legislation (Child Abuse Civil Proceedings) Amendment Bill 2016 on 14 September 2016.  A copy of the transcript can be accessed here

Public Hearings

The committee held a public hearing at Parliament House on 26 September 2016.  A copy of the transcript can be accessed here.

Referral

The Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016 was introduced by the Premier and Minister for Arts, the Hon Annastacia Palaszczuk MP, on 16 August 2016.

On 18 August 2016, the Member for Cairns, Mr Rob Pyne MP, introduced the Limitation of Actions and Other Legislation (Child Abuse Civil Proceedings) Amendment Bill 2016 as a private member’s Bill.

Both Bills have been referred to the Legal Affairs and Community Safety Committee for detailed consideration. The committee will consider both Bills together.