Changes to time limits on reporting sexual abuse
The Civil Liability Amendment (Child Abuse) Bill 2021 NSW was passed through the New South Wales Parliament 9 November 2021 and it is an important update for survivors of childhood institutional abuse. It amends the Civil Liability Act 2022 to enable the Courts to set aside certain agreements that settle child abuse claims if it is just and reasonable to do so.
Many survivors reported to the Royal Commission into Institutional Responses to Child Sexual Abuse that they felt their settlements were inadequate or that they felt forced to accept unfair or very low settlements due to various reasons, such as an expiry of the limitation period for their claim, or a lack of a proper defendant to sue.
Limitations for sexual or serious physical abuse of a child or young person under the age of 18 years have since been removed after research revealed many survivors do not disclose their experience for years or even decades afterwards. The Royal Commission into Institutional Responses to Child Sexual Abuses found that survivors who were able to disclose their experience to the Commission took an average of 22 years to do so.
The amendment ensures that Part 2A of the Civil Liability Act 2002 (which deals with personal injury claims by offenders in custody) does not restrict awards of damages for child abuse.
In 2018, Part 1B was inserted into the Civil Liability Act 2002 introducing three notable reforms:
the imposition of a new statutory duty of care on all institutions that exercise care, supervision or authority over children to prevent child abuse;
the extension of vicarious liability of institutions from employees to non-employees who are akin to an employee; and
mechanisms to allow for the appointment of a proper defendant with suitable assets for cases brought against unincorporated associations.
However, the Bill does not allow for a court to set aside a deed of release under the National Redress Scheme or an agreement under which one defendant indemnifies another.
The Bill’s effect for setting aside an affected agreement means that the defendant who has paid settlement prior (including legal costs or disbursements) are not recoverable despite the agreement being void, and the court may consider when determining damages on amounts previously paid to the survivor.
As with any litigation, there are risks: Each case will be determined upon its merits and not all prior settlements will be able to be set aside. It is important to seek legal advice if you are interested in setting aside a previous settlement and bring a further claim against the defendant. About Time For Justice work in conjunction with several highly respected and resourceful law firms.
If you are interested in setting aside a previous claim and bringing a further claim, please contact About Time For Justice for support while we connect you with a lawyer for legal advice. Many of the lawyers we work alongside work on a no-win-no-fee structure, saving you out-of-pocket expenses. About Time For Justice also provides ongoing support and advocacy for all survivors of institutional abuse. Our compassionate, caring team will assist in taking your statement for your solicitor and we also provide resources for survivors to make connections with counselling and drug and alcohol recovery services.
