Child Abuse Civil Case Statute of Limitations Could Be Removed in Western Australia

By Jacob Kagi
ABC News
October 12, 2016

http://www.abc.net.au/news/2016-10-13/child-abuse-victim-time-restriction-for-damages-wa-bill-debate/7927548

PHOTO: Liberal MP Graham Jacobs introduced the bill. (ABC News: Andrew O'Connor)

Time restrictions on when victims of child sexual abuse can launch civil action seeking damages in Western Australia look set to be removed, with the Government and Opposition backing a private members bill introduced by a backbench Liberal MP.

The legislation introduced by Eyre MP Graham Jacobs, which would remove the six-year statute of limitations for child sexual abuse civil cases in WA, is set to be debated in State Parliament.

If the legislation passes, it will allow people who suffered physical or mental injuries as a result of abuse to take civil action seeking compensation, regardless of how long ago it occurred.

Mr Jacobs first introduced the bill last year and it has since lagged for the past 12 months, but the Government is set to allocate its parliamentary time to allow debate on the legislation.

The bill has the support of Labor and the Government is also understood to be backing the measures.

"The Government has allocated parliamentary time to allow consideration of this proposed legislation and encourages debate on what is a private member's bill," Leader of the House John Day said.

But there are just three sitting weeks remaining for the Legislative Assembly — and one extra for the Upper House — before Parliament is dissolved and, with a mounting list of bills, it is not certain the legislation will pass before the election.

In recent years, Victoria became the first state to remove the statute of limitations for child sex offences.

When he introduced the legislation last year, Mr Jacobs said it was unreasonable for many victims of abuse to have to bring civil action within a six-year window and the law needed to change.

"This is not a right for girls and boys who were abused to bring a successful action, it is just a right to bring an action," Mr Jacobs said at the time.

"The court will still decide if there is sufficient evidence and if the case stacks up."