5CPreviously settled causes of action relating to child abuse

5C Previously settled causes of action relating to child abuse

[Section 5C Inserted by No. 48 of 2019, s. 8, Applied:01 May 2020]

(1)  In this section –

child abuse means –

(a) sexual abuse, or serious physical abuse, of a child; and

(b) any psychological abuse of the child that arises from the sexual abuse or serious physical abuse of the child –

but does not include an act that is lawful at the time at which it occurs;

previously settled relevant right of action means a relevant right of action that was settled before the day on which section 5B commenced but after a limitation period applying before that day to the right of action had expired;

relevant court, in relation to a relevant right of action, means a court which, but for an agreement settling the relevant right of action, would have jurisdiction to deal with the action;

relevant right of action means a right of action in respect of child abuse.

(2)  An action may be brought on a previously settled relevant right of action if a relevant court, by order on application, sets aside the agreement effecting the settlement, on the grounds that it is in the interest of justice to do so.

(3)  Without limiting the matters to which a court may have regard in determining whether it is in the interests of justice to set aside an agreement effecting a settlement in respect of a relevant right of action, the Court is to have regard to the following:

(a) the amount of the agreement;

(b) the relative strengths of the bargaining positions of the parties;

(c) any conduct, by or on behalf of the organisation to which the agreement relates, that –

(i) relates to the cause of action; and

(ii) occurred before the settlement was made; and