Question On Notice No. 1598 asked in the Legislative Council on 28 August 2018 by Hon Nick Goiran
Question Directed to the: Leader of the House representing the Attorney General
Parliament: 40 Session: 1
Question
I refer to the Limitation Act 2005, that has been amended to provide for child sexual abuse actions, and I ask:
(a) will the Attorney General carry out a review of the current limitation period that sees other actions for a minor under the age of 15 expire within 6 years;
(b) will the Attorney General carry out a review of section 39 of the Act which currently provides for an extension, but not if the reason a minor’s action has not been commenced is because of a recalcitrant parent or guardian;
(c) if no to (a) or (b), why not; and
(d) if yes to (a) or (b), when will a review commence?
Answered on 10 October 2018
(a) – (b) There are currently no plans to do so.
(c) Section 6A(7) of the Limitation Act 2005 requires that there is a review of the operation and effectiveness of, amongst other provisions, the removal of limitation periods for child sexual abuse actions as soon as practicable after three years of their coming into operation. The matters referred to in (a) and (b) will not be reviewed before the conclusion of the review of the removal of limitation periods for child sexual abuse actions.
(d) Not Applicable.