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Civil Law (Wrongs) Act 2002
114JDefinitions—pt 8A.3
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114J Definitions—pt 8A.3
abuse settlement agreement means an agreement—
(a) that settles a child abuse claim and prevents the exercise of an
action on a cause of action to which the Limitation Act 1985,
section 21C (Personal injury resulting from child abuse) applies;
and
(b) that—
(i) happened before the commencement of the Limitation
Act 1985, section 21C, and at a time when a limitation
period applying to the cause of action had ended; or
(ii) happened before the commencement of this part, and the
agreement is not just and reasonable in the circumstances;
or
Part 8A.3 Institutional child abuse—setting aside abuse settlement agreements
(iii) happened before the commencement of part 8A.1A, and
the child abuse claim involved child abuse by a person who
would have been an employee of an organisation if that
part had been in force when the agreement was made.
applicant—see section 114K (1).
(2) For the definition of abuse settlement agreement, a limitation period
that ended at a particular time is taken to have ended even if it were
possible to seek the leave of a court to extend the period at the time
the period ended.