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Limitation of Actions (Child Abuse) Bill 2015

Introduction

On 24 February 2015, the Attorney-General, the Hon. Martin Pakula, introduced the Limitation of Actions Amendment (Child Abuse) Bill 2015 to the Legislative Assembly. The Bill aims to implement recommendation 26.3 of the Family and Community Development Committee's November 2013Betrayal of Trust report by removing limitation periods that apply to civil actions for damages founded on child abuse.[footnote 1] This Research Note provides a brief background on limitation periods and a comparison of the limitation periods in other Australian jurisdictions.

The Betrayal of Trust report highlighted difficulties faced by child abuse survivors in gaining compensation for the effects of their abuse, with a major hindrance being statutory time limits on civil claims under the Limitation of Actions Act 1958.[footnote 2] The report concluded that such limitation periods were inappropriate for child abuse survivors, as the nature of their abuse means they often take many years to fully understand and act on the abuse they experienced.[footnote 3]

In implementing the report's recommendations, the Bill removes time limits for personal injury claims relating to child abuse. This would apply to past and future claims, regardless of whether past claims had previously been subject to a limitation period. The Bill does not, however, re-open claims that have been settled or received final judgement. The Bill also removes the 12 year long-stop limitation period where the dependant of a deceased child abuse victim seeks to commence action for wrongful death. (See 'Terminology' for definition of long-stop limitation period.)

If the Bill passes, Victoria would be the first jurisdiction in Australia to remove time limits for civil claims by child abuse victims.[footnote 4] A similar proposal was introduced in the New South Wales Parliament under a Private Members' Bill in 2014,[footnote 5] and in January 2015 the NSW Department of Justice released a discussion paper on amendments to limitation periods.[footnote 6] Currently, the Royal Commission into Institutional Responses to Child Sexual Abuse is also examining issues relating to limitation periods.[footnote 7]

Limitation Periods: A Cross-Jurisdictional Comparison

While criminal proceedings regarding child abuse are not bound by limitation periods, time limits do apply where a person wishes to bring civil action for damages. Limitation periods for civil actions exist for various purposes, including to give certainty to defendants that they cannot be sued after a certain period, to protect against the deterioration of evidence, and for other purposes.[footnote 8] However, the Betrayal of Trust report found that in the case of child abuse, limitation periods were not appropriate. The report concluded that the nature of child abuse means that there is rarely a large amount of evidence in the first instance, so deterioration is not as relevant, and the importance of allowing child abuse victims to seek justice for long-term physical and psychological harm outweighs the need to give certainty to defendants.[footnote 9]

In Australia, limitation periods are set out under legislation at the state and territory level. Limitation periods usually run from when the cause of action accrues. The phrase, 'cause of action accrues', generally means that limitation periods run from when a person has reason to bring the action – usually at the time of injury. However, in the case of personal injury relating to child abuse, victims may not understand what has taken place or its effects on them, until years after the initial incident. Therefore 'the accrual of the cause of action', or when the limitation periods start, is often the date when a person discovers, or ought to have discovered, that they have an injury and that it is the fault of another person. This can also be called the 'date of discoverability'.[footnote 10]

Some legislation also includes 'long-stop limitations' which provide an absolute limitation period, no matter when the cause of action was discoverable.[footnote 11]

The current Victorian Bill inserts a new Division into the Limitation of Actions Act relating to actions for personal injury and death as related to child abuse, so that causes of action founded on personal injury or death as a result of 'an act or omission in relation to the person when the person is a minor that is physical abuse or sexual abuse; and psychological abuse (if any) that arises out of that act or omission' are exempt from limitation periods (proposed s 27O (1)(b)). The Limitation Acts in all the other Australian jurisdictions do not have separate provisions applying to personal injury or wrongful death resulting from child abuse. Therefore this Research Note compares the current Victorian Bill to provisions for personal injury relating to a child and general provisions for wrongful death in the other Australian jurisdictions.

The legislation governing limitation periods is complex. In some jurisdictions, personal injury which occurred between specific dates has different limitation periods. For example, in New South Wales under the Limitation Act 1969, for personal injury actions where the act or omission causing the injury occurred before 1 September 1990, the limitation period is six years from when the cause of action accrued (s 14). If the act or omission occurred between the 1 September 1990 and the 5 December 2002, the limitation period is three years from when the cause of action accrues (s 18A). If the act or omission occurred on or after 6 December 2002, the limitation period is either three years from when the person discovers it, or 12 years from the actual act or omission, whichever is earlier (s 50C). In Western Australia, limitation periods are governed by two Acts – the Limitation Act 1935 (for personal injury action where the cause of action accrued before 15 November 2005) and the Limitation Act 2005 (for causes of action accruing on or after 15 November 2005).[footnote 12]

In most jurisdictions, a child under 18 years is not considered to have the capacity to understand their personal injury, or who was responsible, in order to commence court proceedings (ie. the cause of action is not deemed 'discoverable' by a minor). For this reason, a minor is considered to be 'under a disability' and limitation periods generally do not begin running until a child turns 18 years old. However, in New South Wales, Tasmania, Western Australia and Victoria (under the current Act), the limitation periods keep running if the child has a capable parent or guardian who 'ought to know' facts relating to the personal injury.[footnote 13] The parent or guardian is responsible for bringing the action on behalf of the child. Provisions in New South Wales do allow for limitation periods to be extended if the parent or guardian had an irrational reason for not bringing a civil action.[footnote 14]

Legislation in some jurisdictions acknowledges that a person may take longer to bring a court action if the cause of action is against a parent or guardian, or a person who has a close relationship to the parent or guardian or to the victim themselves. The influence of the defendant over the plaintiff in these circumstances may be longer lasting, so the current provisions in Victoria, New South Wales, Tasmania and Western Australia extend the date on which the limitation period begins to when the victim turns 25 years.[footnote 15]

Some jurisdictions also have provisions for latent injury, where limitation periods run from when the injury first came to the person's awareness.[footnote 16]

The courts have the power to extend limitation periods and hear cases which fall outside the limitation periods if the plaintiff makes an application to the court. However, as found in the Betrayal of Trust report, applying to the courts can be problematic for child abuse survivors and there is no guarantee that the courts will grant an extension.[footnote 17]

Legislation in some jurisdictions includes an ultimate bar, meaning the courts cannot extend the limitation period beyond a certain time. In the Northern Territory, South Australia and New South Wales, the limitation period cannot be extended beyond 30 years from when the cause of action arose.[footnote 18]

If a person dies as a result of a wrongful act, dependants of the deceased can seek compensation.[footnote 19] The current Victorian Bill removes the previous 12 year limit from the time of death for deaths relating to child abuse, to allow dependants of child abuse victims to bring civil action. However, a time limit still applies – the dependant must bring the action within three years of discovering that the death was related to child abuse and the identity of the responsible party.[footnote 20] The other jurisdictions do not make specific provision for child abuse in their limitation periods for wrongful death. Time limits for action on wrongful death range from three years from death (NT, Queensland, SA) to three years from the date of discoverability or 12 years from death, whichever is earlier (NSW, for acts on or after 6 December 2002), often with extensions available on application.[footnote 21]

The varying limitation periods between and within jurisdictions in Australia pose various difficulties, particularly for cases involving people and events across multiple states or territories. If the current Victorian Bill passes, Victoria will be the first jurisdiction to remove time limits on death and personal injury relating to child abuse. With the Royal Commission into Institutional Responses to Child Sexual Abuse currently examining limitation periods as part of their investigations, some commentators suggest a national approach to limitation periods for child abuse survivors as an option to be considered.[footnote 22]

Terminology

A cause of action – 'a factual situation the existence of which entitles one person to obtain from the court a remedy against another person'[footnote 23]

Cause of action accrues – 'The requirements of a cause of action vary according to the kind of case in issue and are a matter for the general law. In some instances, the Limitation Acts determine when a cause of action accrues. In other instances, this is left to be determined by the common law. The general rule is that a cause of action accrues at the time when, first, the necessary facts occur; and second, there exists a competent plaintiff who can sue and a competent defendant who can be sued.'[footnote 24]

Date of discoverability – 'a cause of action is discoverable by a person on the first date that the person knows or ought to have known of all of the following facts—

(a) the fact that the death or personal injury concerned has occurred;

(b) the fact that the death or personal injury was caused by the fault of the defendant;

(c) in the case of personal injury, the fact that the personal injury was sufficiently serious to justify the bringing of an action on the cause of action.

(2) A person ought to know of a fact at a particular date if the fact would have been ascertained by the person had the person taken all reasonable steps before that date to ascertain the fact.

(3) In determining what a person knows or ought to have known, a court may have regard to the conduct and statements, oral or in writing, of the person.'[footnote 25]

Long-stop limitation period – 'the long-stop limitation period, in relation to a cause of action for damages that relate to death or personal injury, means the period of 12 years from the date of the act or omission alleged to have resulted in the death or personal injury with which the action is concerned'.[footnote 26]

Tables

The following tables provides a summary and comparison of limitation periods for civil actions across Australian jurisdictions and mirrors the limitation periods for causes of action covered by the current Bill – personal injury relating to children and wrongful death. The limitation periods in the table run from the time when the cause of action accrues, unless otherwise specified. Dates in the table ('Before 1 Sep 2005' or 'On or after 1 Jan 2003') refer to causes of action accruing before, on or after the specified date, unless otherwise indicated.



Table 1: Limitation of Actions across Australian Jurisdictions – Personal Injury (child)

 

Vic – Current Bill

Vic

ACT

NSW

NT

QLD

SA

TAS

WA

 

Limitation of Actions Amendment (Child Abuse) Bill 2015

Limitation of Actions Act 1958

Limitation Act 1985

Limitation Act 1969

Limitation Act 1981

Limitation of Actions Act 1974

Limitation of Actions Act 1936

Limitation Act 1974

Limitation Act 1935 (LA 1935), Limitation Act 2005 (LA 2005)

Limitation periods for personal injury claims (child)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Limitation periods for personal injury claims (child)
(continued)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Limitation periods for personal injury claims (child)
(continued)

 

 

 

No time limit for action on personal injury relating to child abuse, regardless of the date of the relevant act or omission (proposed
s 27P)

a) 6 years from the date of discoverability or
b) 12 years from the date of the act or omission, whichever is earlier (s 27E)



Before
9 Sept 2003
-
6 years (s 11(1)) (general limitation period)

On or after
9 Sept 2003
-
3 years from the date of discoverability or 3 years after the injury
(s 16B(2))

The limitation period is suspended while the plaintiff is a minor (s 30(1))

Note:
Notice of intended action must be given to the defendant within –

6 years after

the day the plaintiff (or the plaintiff's parent/ guardian) first

knows—

(i) that the plaintiff has suffered an injury and

(ii) that the injury is related to someone else's act or

omission; or

(b) in any other case—6 years after the day the accident giving rise to the injury happened.

Noncompliance with this section does not prevent the plaintiff from bringing the action, but unless the court is satisfied there was a compelling reason for the noncompliance, certain damages arising before the action will not be awarded
(s 30A)





Act or omission before 1 Sep 1990 -

6 years from the date on which the

cause of action first accrues (s 14)

Act or omission between
1 Sep 1990 and 5 Dec 2002-

3 years from the date on

which the cause of action first accrues (s 18A)

The limitation period is suspended until minor reaches 18 years
(s 52(1)(d))

Act or omission on or after
6 Dec 2002 -

a) 3 years from date of discoverability, or
b) 12 year long-stop limitation period from the time of the act or omission,

whichever is first. (s 50C)

The limitation period is suspended while the plaintiff is a minor but not while they have a capable parent or guardian.
(s 50F)

However the limitation date may not extend to more than 30 years from the date when the cause of

action arose
(s 51)

Latent injury

From 1 Sep 1990 until 5 Dec 2002 -

3 years from becoming aware of the matters in s 60I. (ss 60F, 60G and Schedule 5)

This limitation period can be extended for any period (s 60G. Sch. 5, Pt 1 cl 4.)

3 years from the date on which the cause of action first accrues
(s 12(1)(b))

The limitation period is suspended until a minor reaches 18 years (s 36 )

However the limitation date may not extend to more than 30 years from the date when the cause of

action arose

(s 36)

3 years from the date on which the cause of action arose (s 11)

If the plaintiff is a minor, the action may be brought at any time up to 3 years from the date on which the person ceased to be a minor
(s 29(2)(c))

3 years after the cause of action accrues (s 36)

The time shall

be extended by the period for which the

plaintiff is a minor. (s 45)

However, the limitation date may not extend to more than 30 years from the date when the right to bring action arose (s 45)

Note:

If a child (the plaintiff) suffers personal injury and the time for bringing an action for damages is extended to more than 6 years from the date of the incident out of which the injury arose (the relevant date), notice of an intended action must be given within 6 years after the relevant date by, or on behalf of, the child to the defendant.
Noncompliance with this section does not prevent the plaintiff from bringing the action, but unless the court is satisfied there was a good reason for the noncompliance, certain damages arising before the action will not be awarded
(s 45A)

Latent injury -
3 years from the time when the injury first comes to the plaintiff's knowledge (s 36 (1a))

Before
1 Jan 2005 -
3 years (s 5)

On or after
1 Jan 2005 –

a.) 3 years after the date of discoverability, or

b.) 12 years after the date of the act or omission which is alleged to have resulted in the personal injury, whichever is the earlier (s 5A(3))

If the plaintiff is a minor and not under a parent, the action may be brought at any time up to 6 years, from the date when the person ceased to be a minor, except where the applicable limitation period is less than 3 years, then it is the lesser period.
(s 26)

Before
15 Nov 2005 -

6 years from the date of accrual of cause of action (LA 1935, s38(1)(c)(vi))

However cause of action no longer accrues on the time of suffering of damages, but according to rules in ss 55 and 56 of LA 2005. See s 6 of LA 2005.

If the plaintiff is under 18 years, the limitation period is suspended until the person reaches 18 years (s 40)

On or after
15 Nov 2005 -

3 years from the date of accrual of cause of action (LA 2005,
ss 14, 55)

For persons under 15 years when the cause of action accrues - 6 years from date when cause of action accrues (LA 2005, s 30)

For persons aged 15, 16 or 17 years when the cause of action accrues - an age limit of 21 years. (LA 2005, s 31)

The limitation period is suspended for any time during the accrual period where a person under 18 years is without a guardian. However the action must be commenced before the person reaches 21 years of age (LA 2005, s 32)

Limitation periods for personal injury if the cause of action is against a parent or guardian of the victim or a person who has a close relationship to the parent or guardian

No time limit for action on personal injury relating to child abuse, regardless of who the defendant is

(proposed ss 27O, 27P)

The cause of action is deemed to be discoverable when the plaintiff turns 25 years old or when the cause of action is actually discoverable, whichever is the later.

The long-stop limitation period is 12 years from when the plaintiff turns 25 years old.
(s 27I)

No specific provision

The cause of action is deemed to be discoverable by the victim when the victim turns 25 years of age

or when the cause of action is actually discoverable by the victim, whichever is the later

The long-stop limitation period is 12

years from when the victim turns 25 years of age (s 50E)

No specific provision

No specific provision

No specific provision

On or after 1 Jan 2005-

3 years from when the plaintiff turns 25 years of age (s 26(7))

A judge may extend the period of limitation to 3 years from the date of discoverability, if he or she considers it in the interests of justice to do so.

(s 26(9))

Before
15 Nov 2005 -

No provision (LA 1935)

On or after
15 Nov 2005 -

action must commence before the person reaches 25 years of age. (LA 2005, s 33)

Extensions available
for personal injury actions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Extensions available
for personal injury actions
(continued)

N/A

Any period if just and reasonable
(s 27K)

Before
9 Sept 2003 –

Any period, if just and reasonable
(s 36)

On or after
9 Sept 2003 -

No provision.

Before
1 Sep 1990 -

1 year extension

(ss 58, 59)

From 1 Sep 1990 to 5 Dec 2002 –
Up to 5 years extension
(ss 60A, 60B, 60C, 60E, 60F, 60G, 60K, 60I)

On or after
6 Dec 2002 -

An extension can be applied to the 12 year long-stop limitation period of up to 3 years after the date of discoverability

(ss 62A, 62B,51)

Where there was an irrational failure by the parent or guardian to bring action for a minor, the limitation period may be extended by
1 year from the making of the court order
(s 62D)

Any period, under certain circumstances
(s 44)

1 year after material facts of a decisive character within the plaintiff's means of knowledge
(s 31(2))

Any period,

under certain circumstances

(s 48)

Before
1 Jan 2005
-
Up to 6 years, if just and reasonable
(s 5(3))

Or, up to 3 years from the date of discoverability, or up to 3 years from 1 Jan 2005 (s 38A)

On or after
1 Jan 2005 -

12 year period: up to 3 years from date of discoverability (s 5A(5))

Before
15 Nov 2005
-
No provision (LA 1935)

On or after
15 Nov 2005 -

Up to 3 years from the date of discoverability, if the court is satisfied that the person was not aware of these matters before the limitation period expired (LA 2005, s 39)

For persons under 18 with a guardian, a court may allow an extension until the person reaches 21 years of age unless the court decides it was unreasonable for the guardian not to have commenced action within the limitation period (LA 2005, s 41)

Table 2: Limitation of Actions across Australian Jurisdictions – Wrongful Death

 

Vic – Current Bill

Vic

ACT

NSW

NT

QLD

SA

TAS

WA

 

Limitation of Actions Amendment (Child Abuse) Bill 2015

Limitation of Actions Act 1958

Limitation Act 1985

Limitation Act 1969

Limitation Act 1981

Limitation of Actions Act 1974

Limitation of Actions Act 1936

Limitation Act 1974

Limitation Act 1935 (LA 1935),Limitation Act 2005 (LA 2005)

Limitation periods for action after wrongful death

 

Removes the 12 year long-stop limit for action against wrongful death relating to child abuse, regardless of the date of death.
Actions must be brought within 3 years of the date of discoverability (proposed
s 27Q)

a) 3 years from date of discoverability, or
b) 12 years from act or omission, whichever is earlier (ss 27B, 27D).

a) 6 years from the relevant wrongful act, neglect or default,
or
b) 3 years from the death of the person injured by that act, neglect or default;
whichever ends later. (s 16)

Before
1 Sep 1990-

6 years from death
(s 19(1)(a))

From
1 Sep 1990 to
5 Dec 2002 -

3 years from death
(s 19(1)(b))

Act or omission on or after
6 Dec 2002 -

a) 3 years from date of discoverability

or

b) 12 years from death,

whichever expires first
(s 50C)

3 years from death (s 17) (see Compensation (Fatal Injuries) Act (NT), ss7, 13)

3 years from death (s 11)

3 years from death (Civil Liability Act 1936, s 25)

Before
1 Jan 2005 –

3 years from death (s 5)

On or after
1 Jan 2005 –

a) 3 years from the date of discoverability, or

b) 12 years from the act or omission which is alleged to have resulted in the death, whichever is the earlier (s 5A)

Before
15 Nov 2005
-
1 year from death (Fatal Accidents Act 1959 s 7(1), as in force prior to the 2005 amendment)

On or after
15 Nov 2005
-
3 years from death (LA 2005, s 14(2), see also Fatal Accidents Act 1959)

Extensions available for actions after wrongful death

Extensions available for actions after wrongful death

(continued)

No change

Any period, if just and reasonable
(s 27K)

Up to 6 years from date of death (s 39)

Before
1 Sep 1990 -

The court can disregard the limitation period under certain circumstances (s 60)

Latent injury before 1 Sep 1990 -
The limitation can be extended by any period if just and reasonable (Sch 5, Pt 1, cl 4)

Between
1 Sep 1990 to
5 Dec 2002 -

Up to 5 years if just and reasonable
(s 60D) (See also ss 60E, 60F, 60H and 60I)

Latent injury between 1 Sep 1990 to 5 Dec 2002 -
The limitation can be extended by any period if just and reasonable
(s 60H)

Act or omission on or after
6 Dec 2002 -

An extension can apply to the 12 year period of up to 3 years from the date of discoverability (s 62A)

Any period, under certain circumstances
(s 44)

1 year after material facts of a decisive character within the plaintiff's means of knowledge
(s 31(2))

Any period, under certain circumstances

(s 48)

Before

1 Jan 2005 -

Up to 6 years,

if just and

reasonable
(s 5(2), (3)).

Or, up to 3 years

from date of

discoverabil-

ity, or up to

3 years from

1 Jan 2005

(s 38A)

On or after

1 Jan 2005 -

12-year

period: Up to

3 years from

date of

discoverability.

3-year

period: No

extension:

(s 5A(4), (5))

Before
15 Nov 2005 -

Up to 6 years from death, under certain circumstances. (Fatal Accidents act 1959 s 7(2) as in force prior to 2005 amendment)

On or after 15 Nov 2005 -

Up to 3 years where the failure to bring action resulted from fraudulent or improper conduct by the defendant or their associate (LA 2005, s 38)
Up to 3 years from the date of discoverability, if the court is satisfied that the person was not aware of these matters before the limitation period expired (LA 2005, s 39)

 

§ Darwin Community Legal Service (2012) Schedule of Limitations for the Northern Territory, DCLS, May.

§ Department of Justice (NSW) (2015) <href="#Limitation_periods_i">Discussion Paper: Limitation Periods for Civil Claims for Child Sexual Abuse, January, DoJ NSW.

§ Dubrow, D., S. Hobill, J. Matar, J. Morgan & A. Walsh (2010) 'Limitation periods: a state-by-state review', Precedent, 100, pp. 24-29.

§ Family and Community Development Committee (2013) 'Part H: Civil justice reform', Betrayal of Trust: Inquiry into the Handling of Child Abuse by Religious and Other Non-Government Organisations, Melbourne, Parliament of Victoria, November, pp. 537-543.

§ Handford, P. (2012) Limitation of Actions: The Laws of Australia, 3rd edition, Sydney, Thomson Reuters.

§ Lawcover (2014) Schedule of Limitation Periods in Civil Matters in New South Wales, Edition No. 21, Lawcover.

§ Panel of Eminent Persons to Review the Law of Negligence (the 'Ipp Committee') (2002) Review of the Law of Negligence: Final Report, Canberra, Commonwealth of Australia.

§ Queensland Public Interest Law Clearing House (2009) Factsheet – Extensions of Time - Limitation of Actions Act 1974, QPILCH.

§ Queensland Public Interest Law Clearing House (2009) Factsheet – Limitation Periods, QPILCH.

§ South Australian Government (date unknown) Submission to the Royal Commission into Institutional Responses to Child Sexual Abuse, Issues Paper 5: Civil Litigation, Royal Commission.


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[footnote 1] Family and Community Development Committee (2013) 'Part H: Civil justice reform', Betrayal of Trust: Inquiry into the Handling of Child Abuse by Religious and Other Non-Government Organisations, Melbourne, Parliament of Victoria, November, pp. 537-543. The former Coalition Government had previously released a similar proposal in October 2014 under an exposure draft of legislation entitled the Limitation of Actions Amendment (Criminal Child Abuse) Bill 2014. In introducing the current Bill, the Attorney-General stated that the current Bill is slightly different to the exposure draft, which is no longer available.

[footnote 2] M. Pakula, Attorney-General (2015) 'Second Reading Speech: Limitation of Actions Amendment (Child Abuse) Bill 2015', Debates, Victoria, Legislative Assembly, 25 February, p. 404. See Family and Community Development Committee, op. cit.

[footnote 3] ibid.

[footnote 4] S. Donovan (2015) 'Child sex abuse claim time limits to go in Victoria', AM, ABC Radio, 24 February.

[footnote 5] The Limitation Amendment (Child Abuse) Bill 2014 (NSW) lapsed on prorogation on 2 March 2015. The Bill aimed to remove 'any limitation period applying under the Act to an action on a cause of action for the recovery of damaged for child abuse' (Overview of Bill), defining child abuse as 'conduct relating to sexual abuse or physical abuse (or both) of a minor' (proposed s 6A).

[footnote 6] Department of Justice (NSW) (2015) <href="#Limitation_periods_i">Discussion Paper: Limitation Periods for Civil Claims for Child Sexual Abuse, January, DoJ NSW.

[footnote 7] Royal Commission into Institutional Responses to Child Sexual Abuse (2015) 'Executive Summary – Redress and Civil Litigation', Royal Commission website.

[footnote 8] Panel of Eminent Persons to Review the Law of Negligence (the 'Ipp Committee') (2002) Review of the Law of Negligence: Final Report, Canberra, Commonwealth of Australia, p. 86.

[footnote 9] Family and Community Development Committee (2013) op. cit., p. 541.

[footnote 10] P. Handford (2012) Limitation of Actions: The Laws of Australia, 3rd edition, Sydney: Thomson Reuters, pp. 85, 165. See also Limitation of Actions Act 1958 (Vic), s 27F

[footnote 11] Limitation of Actions Act 1958 (Vic), s 27E; Limitation Act 1969(NSW), s 50C. See table starting page 6 for further information.

[footnote 12] See Table starting page 6 for further information.

[footnote 13] Limitation Act 1969 (NSW),s 50F; Limitation Act 1974 (Tas),s 26(6)); Limitation Act 2005 (WA),s 32; Limitation of Actions Act 1958 (Vic),s 27J.

[footnote 14] Limitation Act 1969 (NSW),s 62D.

[footnote 15] Limitation of Actions Act 1958 (Vic),s 27; Limitation Act 1969 (NSW),s 50E; Limitation Act 1974 (Tas),s 26(7); Limitation Act 2005 (WA),s 33.

[footnote 16] Limitation Act 1969 (NSW),s 60; Limitation of Actions Act 1936 (SA),s 36(1a).

[footnote 17] Family and Community Development Committee (2013) op. cit., p. 537-8.

[footnote 18] Limitation Act 1981 (NT),s 36; Limitation of Actions Act 1936 (SA),s 45; Limitation Act 1969 (NSW), s 51.

[footnote 19] See Wrongs Act 1958 (Vic), Part III.

[footnote 20] Limitation of Actions Amendment (Child Abuse) Bill 2015, proposed section 27Q.

[footnote 21] Limitation Act 1981 (NT),s 17; Limitation of Actions Act 1974 (Qld),s 11; Civil Liability Act 1936 (SA), s 25; Limitation Act 1969 (NSW),s 50C. See table starting page 6 for further information.

[footnote 22] S. Donovan (2015) op. cit.

[footnote 23] Letang v Cooper [footnote 1965] 1 QB 232; per Diplock LJ pp. 242-243, as quoted in P. Handford (2012) op. cit., p. 85.

[footnote 24] Handford, op. cit., p. 85.

[footnote 25] Limitation of Actions Act 1958 (Vic),s 27F.

[footnote 26] Limitation of Actions Act 1958 (Vic),s 27A.