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Legislative Assembly for the ACT: 2016 Week 8 Hansard (9 August) . .

Page.. 2432..


Debate (on motion by Mr Hanson) adjourned to the next sitting.

Standing and temporary orders—suspension

Motion (by Mr Gentleman) agreed to, with the concurrence of an absolute majority:

That so much of the standing orders be suspended as would prevent orders of the day Nos. 1 and 2, Executive business—Justice and Community Safety Legislation Amendment Bill 2016 (No. 2) and Public Health Amendment Bill 2016—being called on and debated forthwith.

Justice and Community Safety Legislation Amendment Bill 2016 (No 2)

Debate resumed from 2 August 2016, on motion by Mr Corbell:

That this bill be agreed to in principle.

MR HANSON (Molonglo—Leader of the Opposition) (10.36): The opposition will be supporting this bill. It implements recommendations arising from the Royal Commission into Institutional Responses to Child Sexual Abuse on statutory limitation periods. It provides the time limits within which civil litigation can be initiated by survivors of child sexual abuse by amending the Civil Law (Wrongs) Act 2002 and the Limitation Act 1985. The bill also makes amendments to the Victims of Crime Act 1994 to increase the victim services levy. The bill also makes minor amendments to the Supreme Court Act 1933 to improve the operation of each amended law.

Implementations of the royal commission recommendations are that state and territory governments should introduce legislation to remove any limitation period that applies to a claim for damages brought by a person where that claim is founded on the personal injury of the person resulting from sexual abuse of the person in an institutional context when that person is or was a child; that state and territory governments should ensure that the limitation period is removed with retrospective effect and regardless of whether or not a claim was subject to a limitation period in the past; that state and territory governments should expressly preserve the relevant courts' existing jurisdictions and powers so that any jurisdiction or power to stay proceedings is not affected by the removal of the limitation period; and that state and territory governments should implement these recommendations to remove limitation periods as soon as possible, even if that requires that they be implemented before the royal commission's recommendations in relation to the duty of institutions and identifying a proper defendant are implemented.

We have consulted and we have not received any negative comments about this from any stakeholders. We have received comment in relation to the statute of limitations, and we have received comment that the increased services levy does give more support to victims of crime, which we support.


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