5BNo limitation period where sexual or physical abuse of minor

5B No limitation period where sexual or physical abuse of minor

[Section 5B Inserted by No. 52 of 2017, s. 7, Applied:01 Jul 2018]

(1)  Despite section 5A and section 26A  –

(a) an action for damages for personal injury to a person arising from or related to the sexual abuse, or serious physical abuse, of the person when the person was a minor; or

(b) an action for damages under the Fatal Accidents Act 1934 in respect of the death of a person arising from or related to the sexual abuse, or serious physical abuse, of the person when the person was a minor –

may be brought at any time.

(2)  A reference in this section to the sexual abuse, or serious physical abuse, of a person when the person was a minor includes any psychological abuse that arises from the sexual abuse or the serious physical abuse.

(3)  Nothing in this section limits –

(a) any inherent jurisdiction, implied jurisdiction, or statutory jurisdiction, of a court; or

(b) any other powers of a court arising or derived from the common law or under any other Act, including an Act of the Commonwealth, rule of court, practice note or practice direction.