The ability to reopen settlement of historical sexual abuse claims varies between the Australian States and Territories.

Queensland

Reopening past abuse settlements permitted? Yes
Legislative reference Limitation of Actions Act 1974 (Qld) ss 11A, 48
Any cases so far on point? Yes

New South Wales

Reopening past abuse settlements permitted? No
Legislative reference N/A
Any cases so far on point? Yes

Australian Capital Territory

Reopening past abuse settlements permitted? No
Legislative reference N/A
Any cases so far on point? No

Victoria

Reopening past abuse settlements permitted? Yes
Legislative reference Limitations of Actions Act 1958 (Vic) ss 27QA, 27QD, 27QE
Any cases so far on point? Yes

South Australia

Reopening past abuse settlements permitted? No
Legislative reference N/A
Any cases so far on point? No

Northern Territory

Reopening past abuse settlements permitted? No
Legislative reference N/A
Any cases so far on point? No

Western Australia

Reopening past abuse settlements permitted? Yes
Legislative reference Limitation Act 2005 (WA) s92
Any cases so far on point? Yes – four cases

Tasmania

Reopening past abuse settlements permitted? Yes
Legislative reference Limitation Act 1974 (Tas) s5C
Any cases so far on point? No

Our experts have deep experience in helping organisations navigate this sensitive issue. Contact us for more details about the legislation and cases in each state, and how they may affect organisations across Australia.