Creating a clear pathway to justice for survivors of child abuse

The Civil Liability Amendment (Child Abuse) Bill 2021 amends the Civil Liability Act 2002 to enable courts to set aside certain agreements that settle child abuse claims if it is just and reasonable to do so. The amendments also seek to ensure that a person who was injured as a result of child abuse sustained while in custody is not limited in terms of the damages they can recover for that abuse under the Act.

The Bill builds on previous reforms made in response to the Royal Commission into Institutional Responses to Child Sexual Abuse. Prior to reforms made by the NSW Government in 2016 and 2018, many survivors entered into settlements that they identified to the commission as being inadequate but that they felt forced to accept because of legal technicalities. The Bill seeks to enable these survivors to have the same access to justice as those who brought a claim after the reforms.

The Bill also ensures that Part 2A of the Civil Liability Act 2002, which deals with personal injury claims by offenders in custody, does not restrict awards of damages for child abuse. The retrospective application of this reform will ensure that, regardless of when the abuse occurred, survivors will have equal access to civil remedies.

The reforms proposed by the Bill were subject to an extensive consultation process. A discussion paper was released for public consultation in March 2020. Submissions received in response to this paper informed the development of a consultation draft of the Bill which was provided to a large number of stakeholders including survivor groups, religious institutions, children’s service providers, legal stakeholders and the insurance industry.

The Bill was introduced in the Legislative Assembly on 17 March 2021 and is currently awaiting a second reading speech in the Legislative Council.

Link: Civil Liability Amendment (Child Abuse) Bill 2021.