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NSW to scrap time limits on civil action by survivors of child sexual abuse

By Sean Nicholls
Sydney Morning Herald
February 16, 2016

http://www.smh.com.au/nsw/nsw-to-scrap-time-limits-on-civil-action-by-survivors-of-child-sexual-abuse-20160215-gmv209.html

Gabrielle Upton, Attorney-General of NSW.
Photo by James Brickwood

NSW will scrap the time limit for civil claims by survivors of child sexual abuse against their abusers.

Attorney-general Gabrielle Upton will introduce legislation to the NSW Parliament on Tuesday which will allow survivors of child abuse claim for damages regardless of when it occurred.

There is currently a three-year limit on bringing civil actions against perpetrators or, if the person was a child at the time, three years after they turn 18.

Victoria scrapped the statute of limitations for civil action by child sexual abuse survivors a year ago.

The move is one part of the NSW Government's response to the Royal Commission into Institutional Responses to Child Sexual Abuse.

"There should be no use-by date for justice for survivors of child abuse," Ms Upton said.

"This change will remove a significant barrier in the way of that justice. We know there is more to do, and the NSW Government will release a consultation paper in the coming months in relation to the Royal Commission's other civil litigation recommendations."

Ms Upton said NSW continues to push for a national redress scheme for survivors.

She said discussions will continue with the Commonwealth and states and territories so that a scheme is ready to accept applications by no later than July 1, 2017, as recommended by the royal commission.

Leonie Sheedy, chief executive and co-founder of the Care Leavers Australasia Network - a support and advocacy for people who grew up in Australia's orphanages, children's homes, foster care and other institutions - welcomed the legislation.

"I think it's long overdue," she said. "CLAN and other abuse victims have been denied access to justice for far too long."

On the discussions about the national redress scheme, Ms Sheedy said: "The time for talking is over".

"We need action. The oldest member of CLAN is 99. People are dying while they waiting for governments to care about us. We were the government's children and we need redress for all forms of abuse, not just sexual usage."

Greens MP David Shoebridge said the party welcomes the move "even if it has been so slow in coming, being almost a year after Victoria removed this unfair hurdle for victims."

"While we will be closely reviewing the bill to ensure it is comprehensive, this is undoubtedly a win for survivors of abuse who have been campaigning for this reform for over a decade," he said.

"The statute of limitations defence has become a weapon that is too often used by unscrupulous defendants to prevent victims of historic sexual abuse from receiving just compensation."

Contact: srnicholls@smh.com.au




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