27OApplication of Division

27O Application of Division (1) This Division applies to an action if the action— (a) is in respect of a cause of action to which this Part applies or extends; and (b) is founded on the death or personal injury of a person resulting from— (i) an act or omission in relation to the person when the person is a minor that is physical abuse or sexual abuse; and (ii) psychological abuse (if any) that arises out of that act or omission. (2) Divisions 2 and 3 do not apply to an action of a kind referred to in section 27P. (3) Division 2 (other than section 27F) does not apply to an action of a kind referred to in section 27Q. (4) Division 3 applies to an action of a kind referred to in section 27Q as if a reference in section 27K(1) to a cause of action under Division 2 were a reference to a cause of action of a kind referred to in section 27Q. See also section 27N(6). S. 27OA inserted by No. 30/2019 s. 31. 27OA Definitions for this Division In this Division— S. 27OA def. of *previous judgment* substituted by No. 5/2026 s. 4(a). ***previous judgment*** means— (a) a judgment or an order in a previously barred cause of action; or (b) a judgment or an order in a cause of action to which this Division applies, including a dismissal, given or made during the period commencing on 13 November 2024 and ending on the date of commencement of the **Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026**; ***previously barred cause of action*** means a cause of action to which this Division applies for which any applicable limitation period expired before 1 July 2015; 1 July 2015 is the date of the commencement of the **Limitation of Actions Amendment (Child Abuse) Act 2015**. S. 27OA def. of *previously settled cause of action* amended by No. 43/2020 s. 44, substituted by No. 5/2026 s. 4(b). ***previously settled cause of action*** means a cause of action to which this Division applies— (a) that was settled and given effect by a settlement agreement before 1 July 2018; or (b) that was settled and given effect by a settlement agreement during the period commencing on 13 November 2024 and ending on the date of commencement of the **Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026**; ***settlement agreement*** means an agreement giving effect to the settlement of a cause of action to which this Division applies. S. 27P inserted by No. 9/2015 s. 4. 27P No limitation period for certain actions (1) An action to which this Division applies that is not an action that arises under Part III of the **Wrongs Act 1958** may be brought at any time after the date on which the act or omission alleged to have resulted in the death or personal injury has occurred. (2) Subsection (1) applies whether the act or omission alleged to have resulted in the death or personal injury occurs before, on or after the commencement of section 4 of the **Limitation of Actions Amendment (Child Abuse) Act 2015**. S. 27Q inserted by No. 9/2015 s. 4. 27Q No long-stop limitation period for certain actions arising under Part III of the Wrongs Act 1958 (1) An action to which this Division applies that is an action that arises under Part III of the **Wrongs Act 1958** shall not be brought after the expiration of the period of 3 years from the date on which the cause of action is discoverable by the plaintiff. See section 27F for when a cause of action is discoverable by a plaintiff. (2) Subsection (1) applies whether the date of death of the deceased is before, on or after the commencement of section 4 of the **Limitation of Actions Amendment (Child Abuse) Act 2015**. S. 27QA (Heading) amended by No. 5/2026 s. 5(1). S. 27QA inserted by No. 30/2019 s. 32. 27QA Action may be brought on previously barred cause of action, certain other causes of action or previously settled cause of action (1) An action may be brought on a previously barred cause of action even if an action on the cause of action was dismissed— (a) on the ground that the action was brought after the expiry of any applicable limitation period; or (b) by refusing to extend any applicable limitation period. S. 27QA(1A) inserted by No. 5/2026 s. 5(2). (1A) An action may be brought on a cause of action to which this Division applies, even if judgment was given or an order was made (including dismissal) on that cause of action and the judgment or order (including dismissal) was given or made during the period commencing on 13 November 2024 and ending on the date of commencement of the **Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026**. (2) An action may be brought on a previously settled cause of action. (3) This section does not apply to— (a) any deed of release or accepted offer of redress under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 of the Commonwealth; or (b) any settlement that has been taken into account in any deed of release or accepted offer of redress under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 of the Commonwealth. S. 27QB inserted by No. 30/2019 s. 32. 27QB Application to court to set aside previous judgments S. 27QB(1) amended by No. 5/2026 s. 6. (1) This section applies to an action referred to in section 27QA(1) or (1A). (2) In a proceeding to which this section applies, application may be made to the court for a previous judgment to be set aside. (3) A court other than the Supreme Court may not set aside a previous judgment of another court. S. 27QC inserted by No. 30/2019 s. 32. 27QC Court's powers—set aside previous judgments S. 27QC(1) amended by No. 5/2026 s. 7. (1) On an application under section 27QB or otherwise in a proceeding on an action referred to in section 27QA(1) or (1A), the court, if satisfied that it is just and reasonable to do so— (a) may make an order setting aside the previous judgment, whether wholly or in part; and (b) may make any other order that it considers appropriate in the circumstances. (2) In hearing and determining any action to which this Division applies in relation to which there is a previous judgment which has been set aside, the court, if satisfied that it is just and reasonable to do so— (a) when awarding damages in relation to the action, may take into account any amounts paid or payable under that previous judgment; and (b) when awarding costs in relation to the action, may take into account any amounts paid or payable under that previous judgment. S. 27QD inserted by No. 30/2019 s. 32. 27QD Application to court to set aside previously settled causes of action (1) This section applies to an action referred to in section 27QA(2). (2) In a proceeding to which this section applies, application may be made to the court for the settlement agreement and any judgment or order giving effect to the settlement of the previously settled cause of action to be set aside. (3) A court other than the Supreme Court may not set aside a judgment or an order of another court. S. 27QE inserted by No. 30/2019 s. 32. 27QE Court's powers—previously settled causes of action (1) On an application under section 27QD or otherwise in a proceeding on an action referred to in section 27QA(2), the court, if satisfied that it is just and reasonable to do so— (a) may make an order setting aside the settlement agreement and any judgment or order giving effect to the settlement of the previously settled cause of action, whether wholly or in part; and (b) may make any other order that it considers appropriate in the circumstances. (2) In hearing and determining any action to which this Division applies on a previously settled cause of action, the court, if satisfied that it is just and reasonable to do so— (a) when awarding damages in relation to the action, may take into account any consideration (whether monetary or non-monetary) paid, payable or given or to be given under— (i) a settlement agreement set aside under this section; or (ii) any other agreement related to the settlement that has been set aside under this section; and (b) when awarding costs in relation to the action, may take into account any amounts paid or payable as costs under— (i) a settlement agreement set aside under this section; or (ii) any other agreement related to the settlement that has been set aside under this section. S. 27QF inserted by No. 30/2019 s. 32. 27QF Recovery of amounts under previous judgment or previous settlement agreement which is set aside (1) If the court makes an order under section 27QC setting aside a previous judgment (whether wholly or in part), any person or entity who paid an amount under that previous judgment is not entitled to seek to recover the amount on the basis that the previous judgment has been set aside. (2) If the court makes an order under section 27QE setting aside a settlement agreement (whether wholly or in part)— (a) the settlement agreement and any other agreement related to the settlement (other than a contract of insurance) ceases to have effect to the extent specified in that order; and (b) in accordance with the terms of that order, any party to that settlement agreement and any other agreement related to the settlement (other than a contract of insurance) is not entitled to seek to recover any money paid by, or for, that party under that settlement agreement or other agreement. S. 27R inserted by No. 9/2015 s. 4, amended by No. 5/2026 s. 8 (ILA s. 39B(1)).