South Australia
Limitation of Actions (Child Sexual Abuse) Amendment Bill 2017
A Bill For
An Act to amend the Limitation of Actions Act 1936.

Contents
Part 1—Preliminary
1	Short title
2	Amendment provisions
Part 2—Amendment of Limitation of Actions Act 1936
3	Insertion of Part 1A—Actions for child sexual abuse
Part 1A—Actions for child sexual abuse
3A	No limitation period for child sexual abuse actions 

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Limitation of Actions (Child Sexual Abuse) Amendment Act 2017.
2—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Limitation of Actions Act 1936
3—Insertion of Part 1A—Actions for child sexual abuse
After Part 1—insert:
Part 1A—Actions for child sexual abuse
3A—No limitation period for child sexual abuse actions 
	(1)	An action for damages relating to the death of or personal injury to a person resulting from the sexual abuse of the person when the person was a child—
	(a)	may be brought at any time; and
	(b)	is not subject to a limitation period under this Act (despite any other provision of this Act), or any other Act or law.
	(2)	This section applies to and in respect of sexual abuse that occurred before the commencement of this section whether or not any limitation period previously applying in respect of a cause of action based wholly or partly on the sexual abuse expired before that commencement.
	(3)	This section applies regardless of whether the claim for damages is brought in tort, in contract, under statute or otherwise.
	(4)	This section extends to an action for damages—
	(a)	contemplated by section 23 of the Civil Liability Act 1936; or
	(b)	that has survived on the death of a person for the benefit of the person's estate.
	(5)	This section does not limit—
	(a)	any inherent, implied 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 a Commonwealth Act), rule of court, practice note or practice direction.
Example—
For example, this section does not limit a court's power to summarily dismiss or permanently stay proceedings where the lapse of time has a burdensome effect on the defendant that is so serious that a fair trial is not possible.