State introduces bill to remove time limit for legal action against child abuse in institutions

By Clare Armstrong
Courier-Mail
August 15, 2016

http://goo.gl/Ams4Op

Independent MP Rob Pyne will introduce a private members bill designed to expand the legislation to all victims of child abuse, not just though who were mistreated in institutions. Photo by Steve Pohlner

Under the current legislation, victims of child abuse are only able to lodge a claim to commence legal proceedings within three years of turning 18.

Premier Anastacia Palaszczuk said the Government’s bill would allow survivors of abuse to receive justice.

“Over and over again I have been told that this period of time is woefully inadequate to allow victims of childhood abuse to even come to terms with their abuse on a personal level, let alone find the strength to address their pain and to commence the daunting and arduous task of litigations in the courts,” she said.

Ms Palaszczuk had earlier tabled an issues paper to seek stakeholder and community input on further reform based on the recommendations from the Royal Commission.

“The key issues raised in the discussion paper include whether recommendations to remove limitations be extended beyond institutions to include families, whether other forms of abuse such as physical or psychological abuse be included and whether the current scope of damages is sufficient.

“Those recommendations include substantial issues of law that require consultation with stakeholders, which is why the issues paper is so important,” she said.

Opposition leader Tim Nicholls emphasised the bipartisan support for the removal of time limits on legal action, but said the Government’s bill did not go far enough.

“At its core (this reform) is an acknowledgment that up until now, legislative remedies have failed to meet the genuine needs of victims,” he said.

Mr Nicholls said he was “dismayed” to discover the Government’s reform would only extend to victims who suffered abuse inside institutions.

“The LNP believes that by restricting the removal of the statute of limitations to only certain cases of child sexual abuse, there is an effective creation of two classes of survivors, that would be patently unfair.

“I would urge the Premier and her Government to consider whether this bill goes far enough, and whether it ought to go further. We believe it should.”

Independent MP Rob Pyne will introduce a Private Members Bill later in the week that would apply to all victims of child abuse, both inside and out of institutions.

Mr Pyne said his bill expands on the Government’s proposal, that covers only victims of child sexual abuse in institutions.

“We don’t want to have a narrow focus, we need to be focused on supporting, helping and giving justice to the most vulnerable members of the community and that’s our children.

“This should include, not just the victims of sexual abuse but also the victims of prolonged physical violence,” Mr Pyne said.

He said one key aspect of his bill was that it ensured past, unjust settlements were not recognised.

Mr Pyne said his bill would “quash” past deeds or settlements for victims who only accepted the terms because the time limit for legal action had expired.

“Those settlements should not be recognised at all, or taken into consideration, so my bill will quash those.

“This should be important to all Queenslanders because it’s about doing justice for some of our most vulnerable people who have been abused and neglected in the past,” Mr Pyne said.

Mr Pyne said he was confident his private members bill would receive enough support to pass.

“I’m confident the majority of MPs will come together and support legislation because it’s definitely the right thing to do,” he said.