The Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016 was passed on 8 November and assented to on 11 November 2016 removing the limitation period for “child abuse” together with amendments. The date of the proclamation is yet to be set for the Act. The removal of the limitation period is not limited to ‘institutional’ abuse and includes historical claims.

The amendments include setting aside agreements where the court considers it “just and reasonable” to do so. As to whether an employer will be vicariously liable for the acts of an employee committing such, the recent High Court decision of Prince Alfred College Incorporated v ADC [2016] HCA 37 gives guidance. I refer you to my earlier post.

David Cormack – Brisbane Barrister & Mediator

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