WA election 2017: Pledge to lift limits on child abuse victims seeking damages

By Nicolas Perpitch
ABC News
January 17, 2017

http://www.abc.net.au/news/2017-01-17/wa-election-pledge-for-child-abuse-victims-seeking-damages/8188918

Victims of child abuse currently have six years to launch civil action seeking damages.

Premier Colin Barnett said it was an injustice some child abuse victims were unable to take action.

Campaigner Kirsty Pratt says she'll be celebrating when the law is finally changed.

The Barnett Government has promised to introduce legislation to scrap the six-year statute of limitations on when victims of child abuse can take civil against their perpetrators or institutions if it is re-elected.

Premier Colin Barnett said the Liberals would also remove limitation periods for serious physical abuse.

The statute of limitations restricts when victims can launch civil action to seek damages to a six-year window — a constraint the Royal Commission into Child Sexual Abuse recommended be lifted.

Labor has also pledged to lift the restriction for child abuse victims if it wins government, potentially assuring the changes will pass through State Parliament regardless of who wins the March state election.

A private members bill introduced by Liberal MP Graham Jacobs to change the law last year was supported by Labor but not the Government, and was never brought to a parliament vote.

Mr Barnett has now praised Dr Jacobs' previous work in "raising this injustice" in Parliament.

He said revised legislation was already being drafted.

"It is an injustice that child victims, usually by the time they're in their mid-20s, have lost any opportunity to bring their case forward and seek retribution and civil action," Mr Barnett said.

The promise comes after a cabinet subcommittee chaired by Deputy Premier Liza Harvey examined the issue and recommended the statute of limitations be removed, and that the move be extended to victims of serious physical abuse.

Under the proposed changes, there would be no cap on payouts awarded by the courts and the statute of limitations would also be removed on law suits against the Crown.

Mrs Harvey said any previous contracts for harm suffered, "shut up money" or coerced payments of often very small sums would not prevent victims taking new legal action.

Dr Jacobs welcomed the proposal.

"I think it's important to remove the barrier to justice, and that's what this legislation will do," he said.

"It's really important we absolve some of the lifetime pain and suffering for the victims."

Opposition Leader Mark McGowan has previously said removing the statute of limitations would be a priority for a potential Labor Government.

But in October, he warned the delay by failing to pass Dr Jacobs' private member's bill would have severe consequences.

"Every day there is delay there is justice denied, and we know that for a fact because we saw that with the asbestos companies," Mr McGowan said.

Abuse victim and reform campaigner Kirsty Pratt was highly critical of the Government's rejection of Dr Jacobs' bill last year.

She later backed WA Labor's commitment to abolish the statute of limitations, saying "our only recourse is to change our government".

However Ms Pratt has cautiously welcomed the Government's proposed changes, after originally describing its handling of Mr Jacobs' legislation as a "circus".

"At the time it certainly was very upsetting and I did use the words I used ... it did seem very cold and dismissive," she said.

"But they seem to have gone through a very rigorous process and I'm quite impressed with what we've come out with.

"I will be celebrating when it becomes law."