Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Bill 2016

An Act to amend the Civil Proceedings Act 2011 , the Legal Profession Act 2007, the Limitation of Actions Act 1974 , the Personal Injuries Proceedings Act 2002 , the Personal Injuries Proceedings Regulation 2014 , the Queensland Civil and Administrative Tribunal Act 2009 and the Queensland Civil and Administrative Tribunal Regulation 2009 , for particular purposes

1Short title

This Act may be cited as the Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Act 2016 .

2Commencement

(1)The following provisions commence on a day to be fixed by proclamation—

(a)part 2;

(b)part 3, divisions 1, 3 and 4.

(2)Part 3, division 2 commences on 1 January 2017.

3Act amended

This part amends the Limitation of Actions Act 1974 .

4Insertion of new s 11A

After section 11—
insert—

11ANo limitation period for actions for child sexual abuse

(1)An action for damages relating to the personal injury of 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 an Act or law or rule of law.

(3)This section applies whether the claim for damages is brought in tort, in contract, under statute, or otherwise.

(4)This section applies to an action for damages—

(a)arising under the Civil Proceedings Act 2011 , section 64; or

(b)that has survived on the death of a person for the benefit of the person’s estate under the Succession Act 1981 , section 66.

(5)This section does not limit—

(a)any inherent, implied or statutory jurisdiction of a court; or

(b)any other powers of a court under the common law or any other Act (including a Commonwealth Act), rule of court or practice direction.

Example—

This section does not limit a court’s power to summarily dismiss or permanently stay proceedings if the lapse of time has a burdensome effect on the defendant that is so serious that a fair trial is not possible.

5Insertion of new s 48

After section 47—
insert—

48Transitional provision for Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Act 2016

(1)Section 11A applies to an action for damages whether the right of action accrued before or after the commencement of that section (the commencement).

(2)An action on a previously barred right of action may be brought even if—

(a)a limitation period previously applying to the right of action has expired; or

(b)another action has been started in the right of action but not finalised before the commencement; or

(c)another action was started in the right of action and discontinued before the commencement; or

(d)a judgment was given in relation to the right of action on the ground that a limitation period applying to the right of action had expired; or

(e)an action in the right of action was dismissed on the ground that a limitation period applying to the right of action had expired.

(3)If an action on a previously barred right of action is brought after the commencement, the court hearing the action may, if the court decides it is just and reasonable to do so, do either or both of the following—

(a)set aside a judgment given in relation to the right of action on the ground that a limitation period applying to the right of action had expired;

(b)take into account any amounts paid or payable as damages or costs under the judgment.

(4)The Supreme Court may, on application, set aside a judgment under this section even though the Supreme Court is not hearing the action.

(5)However, a court, other than the Supreme Court, may not set aside another court’s judgment under this section.

(5A)An action may be brought on a previously settled right of action if a court, by order on application, sets aside the agreement effecting the settlement on the grounds it is just and reasonable to do so.

(5B)If a court makes an order under subsection (5A) for a previously settled right of action—

(a)each associated agreement is void despite any Act, law or rule of law; and

(b)a party to an associated agreement voided under paragraph (a) may not seek to recover money paid by, or for, the party under the agreement.

(5C)However, a court hearing an action on a previously settled right of action may—

(a)when awarding damages in relation to the action—take into account any amounts paid or payable as consideration under an associated agreement voided under subsection (5B)(a); and

(b)when awarding costs in relation to the action—take into account any amounts paid or payable as costs under an associated agreement voided under subsection (5B)(a).

(6)In this section—

associated agreement, for a previously settled right of action, means—

(a)the agreement effecting the settlement; or

(b)any other agreement, other than a contract of insurance, related to the settlement.

previously barred right of action means a right of action for an action to which section 11A applies that was not maintainable immediately before the commencement because a limitation period applying to the right of action had expired.

previously settled right of action means a right of action for an action to which section 11A applies that was settled before the commencement but after a limitation period applying to the right of action had expired.

6Act amended

This division amends the Civil Proceedings Act 2011 .

7Amendment of s 16 (Amendment for new cause of action or party)

Section 16(4)—
omit, insert—

(4)This section—

(a)applies despite the Limitation of Actions Act 1974 ; and

(b)does not limit section 103H.

8Amendment of s 17 (Interested person may become a party and may be bound by outcome)

(1)Section 17—
insert—

(1A)However, this section does not apply to a representative proceeding under part 13A.

(2)Section 17(1A) to (3)—
renumber as section 17(2) to (4).

9Amendment of s 18 (Order binds persons who are represented)

(1)Section 18—
insert—

(1A)However, this section does not apply to a representative proceeding under part 13A.

(2)Section 18(1A) to (3)—
renumber as section 18(2) to (4).

10Insertion of new pt 13A

After part 13—
insert—

Part 13A Representative proceedings in Supreme Court

Division 1 Preliminary

103A Definitions for pt 13A

In this part—

court means the Supreme Court.

defendant means a person against whom relief is sought in a representative proceeding.

group member means a member of a group of persons on whose behalf a representative proceeding has been started.

representative party means a person who starts a representative proceeding.

representative proceeding means a proceeding started under section 103B.

sub-group member means a person included in a sub-group established under section 103M.

sub-group representative party means a person appointed to be a sub-group representative party under section 103M.

Division 2 Conduct of representative proceedings

103BStarting proceeding

(1)A proceeding may be started under this part if—

(a)7 or more persons have claims against the same person; and

(b)the claims of all the persons are in respect of, or arise out of, the same, similar or related circumstances; and

(c)the claims of all the persons give rise to a substantial common issue of law or fact.

(2)The proceeding may be started by 1 or more of the persons on behalf of some or all of the other persons.

(3)The proceeding may be started—

(a)whether or not the relief sought—

(i)is, or includes, equitable relief; or

(ii)consists of, or includes, damages; or

(iii)includes claims for damages that would require individual assessment; or

(iv)is the same for each person represented; and

(b)whether or not the proceeding—

(i)is concerned with separate contracts or transactions between the defendant and individual group members; or

(ii)involves separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.

103C Standing

(1)A person who has a claim as mentioned in section 103B(1)(a) has a sufficient interest to start a representative proceeding against another person (the proposed defendant) on behalf of other persons who also have a claim as mentioned in that section if the person has standing to start proceedings on the person’s own behalf against the proposed defendant.

(2)The person may start a representative proceeding on behalf of other persons against more than 1 defendant, whether or not each of the other persons have a claim against each of the defendants in the proceeding.

(3)A person who has started a representative proceeding retains standing to do the following even if the person ceases to have a claim against any or all defendants—

(a)continue the proceeding;

(b)appeal against a decision in the proceeding.

103D Whether consent required to be a group member

(1)Subject to subsection (2), the consent of a person to be a group member is not required.

(2)Each of the following persons is a group member only if the person gives consent in writing to be a group member—

(a)the Commonwealth or a State;

(b)a Minister of the Commonwealth or a State;

(c)a body corporate established for a public purpose by a law of the Commonwealth or a State, other than an incorporated company or association;

(d)an officer of the Commonwealth or a State, in his or her capacity as an officer.

103E Persons under a legal incapacity

(1)It is not necessary for a person under a legal incapacity to have a litigation guardian merely in order to be a group member.

(2)A group member who is a person under a legal incapacity may only take a step in the representative proceeding or conduct part of the proceeding by the member’s litigation guardian.

(3)In this section—

person under a legal incapacity has the meaning given by the Supreme Court of Queensland Act 1991 .

103F Originating process

(1)The originating process for a representative proceeding, or a document filed in support of the originating process, must, in addition to any other matters required—

(a)describe or otherwise identify the group members to whom the proceeding relates; and

(b)state the nature of the claims made and relief sought on behalf of the group members; and

(c)state the questions of law or fact common to the claims of the group members.

(2)For describing or otherwise identifying the group members under subsection (1)(a), it is not necessary to name or state the number of the group members.

103G Right of group member to opt out

(1)The court must fix a date before which a group member may opt out of a representative proceeding.

(2)A group member may opt out of the representative proceeding by giving written notice before the date fixed under subsection (1).

(3)On the application of a group member, the representative party or the defendant, the court may fix a later date to extend the period during which a group member may opt out of the representative proceeding under subsection (2).

(4)Except by leave of the court, the hearing of a representative proceeding must not start earlier than the date before which a group member may opt out of the proceeding.

103H Cause of action accruing after representative proceeding started

(1)At any stage of a representative proceeding, on the application of the representative party, the court may give leave to amend the originating process for the proceeding to change the description of the group members.

(2)The description of the group members may be changed to include a person—

(a)whose cause of action accrued after the start of the representative proceeding but before the date fixed by the court when giving leave; and

(b)who would have been a group member or, with the consent of the person would have been a group member, if the cause of action had accrued before the proceeding was started.

(3)The date mentioned in subsection (2)(a) may be the date on which leave is given or another date before or after that date.

(4)If the court gives leave under subsection (1), the court may also make any other order it considers just, including an order relating to—

(a)the giving of notice to persons who, as a result of the amendment, will be included in the description of group members for the representative proceeding; and�

(b)the date before which the persons may opt out of the representative proceeding.�

103I Fewer than 7 group members

If, at any stage of a representative proceeding, it appears likely to the court that there are fewer than 7 group members, the court may, on the conditions it considers appropriate—

(a)order that the proceeding be continued under this part; or

(b)order that the proceeding no longer continue under this part.

103J Distribution costs excessive

(1)This section applies if—

(a)the relief sought in a representative proceeding is or includes payment of money to group members, other than for costs; and

(b)on application by the defendant, the court considers it is likely that, if judgment were to be given in favour of the representative party, the cost to the defendant of identifying the group members and distributing to them the amounts ordered to be paid to them would be excessive, having regard to the likely total of those amounts.

(2)The court may, by order—

(a)direct that the proceeding no longer continue under this part; or

(b)stay the proceeding so far as it relates to relief of the kind mentioned in subsection (1)(a).

103K Discontinuance of proceeding in particular circumstances

(1)The court may, on application by the defendant or on its own initiative, order that a proceeding no longer continue under this part if it considers it is in the interests of justice to do so because—

(a)the costs that would be incurred if the proceeding were to continue under this part are likely to exceed the costs that would be incurred if each group member conducted a separate proceeding; or

(b)all the relief sought can be obtained by way of a proceeding other than a proceeding under this part; or

(c)the proceeding will not provide an efficient and effective way of dealing with the claims of the group members; or

(d)a representative party is not able to adequately represent the interests of the group members; or

(e)it is otherwise inappropriate that the claims be pursued by way of a proceeding under this part.

(2)For subsection (1)(e), it is not inappropriate for claims to be pursued by way of a proceeding under this part merely because the persons identified as group members for the proceeding—

(a)do not include all persons on whose behalf the proceeding might have been brought; or

(b)are aggregated together for a particular purpose including, for example, a litigation funding arrangement.

(3)If the court dismisses an application under this section for a proceeding under this part, the court may order that no further application under this section be made by the defendant in the proceeding except with the leave of the court.

(4)For subsection (3), leave may be granted subject to the conditions about costs the court considers just.

103L Effect of discontinuance order under this part

If the court makes an order under section 103I, 103J or 103K that a proceeding no longer continue under this part—

(a)the proceeding may be continued as a proceeding by the representative party on the party’s own behalf against the defendant; and

(b)on the application of a person who was a group member for the proceeding, the court may order that the person be joined as an applicant or plaintiff in the continued proceeding.

103M Where not all issues are common

(1)If it appears to the court that deciding the issue or issues common to all group members will not finally decide the claims of all group members, the court may give directions in relation to deciding the remaining issues.

(2)If an issue is common to the claims of some only of the group members, the directions given by the court may include directions—

(a)establishing a sub-group consisting of those group members; and

(b)appointing a person to be the sub-group representative party for the sub-group members.�

(3)If the court appoints a person other than the representative party to be a sub-group representative party, that person, and not the representative party, is liable for costs associated with deciding the issue or issues common to the sub-group members.

103N Individual issues

(1)In giving directions under section 103M, the court may allow an individual group member to appear in the proceeding for the purpose of deciding an issue that relates only to the claims of that member.

(2)If an individual group member is allowed to appear under subsection (1), the individual group member, and not the representative party, is liable for costs associated with deciding the issue.

103O Directions for further proceedings

If an issue can not properly or conveniently be dealt with by the court under section 103M or 103N, the court may give directions for the starting and conduct of other proceedings, whether or not the other proceedings are representative proceedings.

103P Adequacy of representation

(1)If, on application by a group member, the court considers that a representative party is not able adequately to represent the interests of the group members, the court may—

(a)substitute another group member as the representative party; and

(b)make any other orders in relation to the substitution it considers appropriate.�

(2)If, on application by a sub-group member, the court considers that the sub-group representative party is not able adequately to represent the interests of the sub-group members, the court may—

(a)substitute another person as the sub-group representative party; and

(b)make any other orders in relation to the substitution it considers appropriate.�

103Q Stay of execution in particular circumstances

If a defendant starts a proceeding in the court against a group member, the court may order a stay of execution for any relief awarded to the group member in the representative proceeding until the other proceeding is decided.

103R Settlement and discontinuance

(1)A representative proceeding may not be settled or discontinued without the approval of the court.

(2)If the court gives approval under subsection (1), it may make any orders it considers just for the distribution of money paid under a settlement or paid into the court.

103S Settlement of individual claim of representative party

(1)A representative party may, with the leave of the court, settle the party’s individual claim in whole or part at any stage of the representative proceeding.

(2)A representative party seeking leave to settle, or who has settled, the party’s individual claim may, with leave of the court, withdraw as the representative party.

(3)If a representative party seeks leave to withdraw under subsection (2), the court may, on the application of a group member, make—

(a)an order for the substitution of a group member as the representative party; and

(b)any other orders in relation to the substitution it considers appropriate.

(4)Before a representative party may be granted leave to withdraw under subsection (2)—

(a)the court must be satisfied that notice of the application has been given to group members under section 103T in sufficient time for a group member to apply under subsection (3) to have someone substituted as the representative party; and

(b)any application for the substitution of a group member as representative party must have been decided.

Division 3 Notices

103T When notice must be given

Notice must be given to group members of the following matters in relation to a representative proceeding—

the starting of the proceeding and the right of the group members to opt out of the proceeding before the date fixed by the court under section 103G;

an application by the defendant for the dismissal of the proceeding on the ground of want of prosecution;

an application by a representative party seeking leave to withdraw under section 103S as representative party.

The court may dispense with a requirement of subsection (1) if the relief sought in the representative proceeding does not include a claim for damages.

If the court orders, notice must be given to group members of the payment into court of money in answer to a cause of action on which a claim in the representative proceeding is based.

Unless the court considers it just, an application for approval of a settlement under section 103R must not be decided unless notice has been given to group members in the representative proceeding.

The court may, at any stage, order that notice of any matter be given to a group member or group members.

Notice under this section must be given as soon as practicable after the happening of the event to which it relates.

103U Notice requirements

(1)The form and content of a notice under section 103T must be approved by the court.

(2)The court must, by order, state—

(a)who must give the notice; and

(b)the way in which the notice must be given.

(3)The order may also—

(a)direct a party to provide information relevant to the giving of the notice; and

(b)provide for the costs of giving notice.

(4)An order under subsection (2) may require notice to be given by way of press advertisement, radio or television broadcast, or any other means.

(5)The court must not order that notice be given personally to each group member unless it considers it is reasonably practicable and not unduly expensive to do so.

(6)A notice about a matter for which the court’s leave or approval is required must state the period within which a group member or other person may apply to the court, or take some other step, in relation to the matter.

(7)A notice that includes or is about conditions must state the conditions and period, if any, for compliance.

(8)The failure of a group member to receive or respond to a notice does not affect a step taken, an order made, or a judgment given in the representative proceeding.

Division 4 Powers of the court

103V Judgment

The court may do any 1 or more of the following in deciding a matter in a representative proceeding—

decide an issue of law;

decide an issue of fact;

make a declaration of liability;

grant equitable relief;

make an award of damages for group members, sub-group members or individual group members, consisting of stated amounts or amounts worked out in a stated way;

award damages in an aggregate amount without stating amounts awarded in respect of individual group members;

make any other order the court considers just.

In making an order for an award of damages, the court must provide for the payment or distribution of the money to the group members entitled.

Other than as provided under section 103R, the court must not make an award of damages as mentioned in subsection (1)(f) unless a reasonably accurate assessment can be made of the total amount to which group members are entitled under the judgment.

If the court makes an order for the award of damages, the court may give any directions it considers just in relation to the way in which—

a group member must establish the member’s entitlement to share in the damages; and

any dispute regarding the entitlement of a group member to share in the damages must be decided.

103W Constitution etc. of fund

(1)Without limiting section 103V(2), in providing for the distribution of money to group members, the court may provide for—

(a)the constitution and administration of a fund consisting of the money to be distributed; and

(b)either—

(i)the payment by the defendant of a fixed sum of money into the fund; or

(ii)the payment by the defendant into the fund of instalments, on the conditions the court considers appropriate, to meet the claims of group members; and

(c)entitlements to interest earned on the money in the fund.

(2)The costs of administering the fund are to be borne by the fund or the defendant, as the court directs.

(3)If the court orders the constitution of a fund under subsection (1), the order must—

(a)require notice to be given to group members in the way stated in the order; and

(b)state the way in which a group member must make a claim for payment from the fund and establish the member’s entitlement to the payment; and

(c)state a date, at least 6 months after the date on which the order is made, before which the group members must make a claim for payment from the fund; and

(d)provide for the date before which the fund must be distributed to group members who have established an entitlement to be paid from the fund.

(4)The court may, if it considers it just, allow a group member to make a claim after the date stated under subsection (3)(c) if the fund has not been fully distributed.

(5)On application by the defendant after the date provided for under subsection (3)(d), the court may make the orders it considers just for the payment from the fund to the defendant of the money remaining in the fund.

103X Effect of judgment

A judgment given in a representative proceeding—

(a)must describe or otherwise identify the group members affected by it; and

(b)binds the group members described, other than a person who has opted out of the proceeding under section 103G.

Division 5 Appeals

103Y Appeals

(1)An appeal from a judgment of the court under this part may be brought as a representative proceeding.

(2)The parties to the appeal are—

(a)for an appeal by a representative party in respect of the judgment to the extent it relates to issues common to the claims of the group members—the representative party, as the representative of the group members, and the defendant; or

(b)for an appeal by a sub-group representative party in respect of the judgment to the extent it relates to issues common to the claims of the sub-group members—the sub-group representative party, as the representative of the sub-group members, and the defendant; or

(c)for an appeal by an individual group member in respect of the judgment to the extent it relates to an issue relating only to the claim of the group member—the group member and the defendant; or

(d)for an appeal by the defendant in respect of the judgment generally—the defendant and the representative party as the representative of the group members; or

(e)for an appeal by the defendant in respect of the judgment to the extent it relates to issues common to the claims of sub-group members—the defendant and the sub-group representative party as the representative of the sub-group members; or

(f)for an appeal by the defendant in respect of the judgment to the extent it relates to an issue relating only to the claim of an individual group member—the defendant and the group member.

(3)If a representative party or sub-group representative party does not start an appeal within the time for starting the appeal, another member of the group or sub-group may, within a further 21 days, start an appeal on behalf of the group members or sub-group members.

(4)If an appeal from the judgment of the court in a representative proceeding is started, the Court of Appeal may direct that notice of the appeal be given to the person or persons, and in the way, the Court of Appeal considers appropriate.

(5)This part, other than section 103G, applies to an appeal started under this section despite any other Act or law.

(6)The notice of appeal for an appeal relating to issues that are common to the claims of group members or sub-group members must describe or otherwise identify the group members or sub-group members, but need not name or state the number of the members.

Division 6 Miscellaneous

103Z Suspension of limitation periods

(1)On the starting of a representative proceeding, the running of any limitation period applying to the claim of a group member to which the proceeding relates is suspended.

(2)The limitation period does not start running again unless—

(a)the member opts out of the representative proceeding under section 103G; or

(b)the representative proceeding, and any appeal from the proceeding, is decided without finally disposing of the member’s claim.

(3)This section applies despite anything in the Limitation of Actions Act 1974 or any other law or rule of law.

103ZA General power of court to make orders

In any proceeding, including an appeal, conducted under this part, the court may, on its own initiative or on application by a party or group member, make any order the court considers appropriate or necessary to ensure justice is done in the proceeding.

103ZB Costs

In a representative proceeding, the court—

(a)may order a party to pay costs; but

(b)may not order a group member who is not a representative party to pay costs, other than under section 103M or 103N.

103ZC Reimbursement of representative party’s costs

(1)If the court makes an award of damages in a representative proceeding, any person who is or was a representative party or a sub-group representative party in the proceeding may apply to the court for an order under this section.

(2)If, on an application under this section, the court is satisfied the costs reasonably incurred in relation to the representative proceeding by the applicant are likely to exceed the costs recoverable by the applicant from the defendant, the court may order an amount equal to the whole or part of the excess be paid to the applicant out of the damages awarded.

(3)On an application under this section, the court may also make any other order it considers just.

11Insertion of new pt 16

After part 15—
insert—

Part 16 Transitional provision for Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Act 2016

111Application of pt 13A

(1)Part 13A applies only to a proceeding started after the commencement.

(2)The proceeding may be started even if the cause of action the subject of the proceeding arose before the commencement.

12Amendment of sch 1 (Dictionary)

(1)Schedule 1, definition court—
omit.

(2)Schedule 1—
insert—

court—

(a)for part 13A—see section 103A; and

(b)otherwise—see section 5.

defendant, for part 13A, see section 103A.

group member, for part 13A, see section 103A.

representative party, for part 13A, see section 103A.

representative proceeding, for part 13A, see section 103A.

sub-group member, for part 13A, see section 103A.

sub-group representative party, for part 13A, see section 103A.

13Act amended

This division amends the Legal Profession Act 2007 .

14Amendment of s 237 (Definitions for pt 3.3)

Section 237(1), definition approved ADI, ‘law society’—
omit, insert—

chief executive

15Amendment of s 243 (Discharge by legal practitioner associate of obligations of law practice)

(1)Section 243(1)(f)—
omit.

(2)Section 243(1)(g)—
renumber as section 243(1)(f).

16Amendment of s 280 (Approval of ADIs)

(1)Section 280(1), (2) and (4), ‘law society’—
omit, insert—

chief executive

(2)Section 280(3), ‘law society may’—
omit, insert—

chief executive may

(3)Section 280(3)(a), ‘is’—
omit, insert—

and the chief executive are

17Amendment and relocation of s 287 (Arrangement with financial institution)

(1)Section 287, heading, ‘financial institution’—
omit, insert—

ADI

(2)Section 287, from ‘on’—
omit, insert—

on trust accounts kept by law practices.

(3)Section 287, as amended—
relocate to division 5.

18Omission of ch 3, pt 3.3, div 6 (Prescribed accounts and Legal Practitioner Interest on Trust Accounts Fund)

Chapter 3, part 3.3, division 6—
omit.

19Amendment of s 295 (Disclosure of accounts used to hold money entrusted to legal practitioners)

(1)Section 295(2)—
omit.

(2)Section 295(3)—
renumber as section 295(2).

(3)Section 295—
insert—

(3)The law society must notify the chief executive about the matters the law society is given notice of by law practices under subsection (1).

(4)A notification under this section must be given in the way, and include the details, prescribed by regulation.

20Amendment of s 296 (Report about law society’s functions)

(1)Section 296, ‘Minister’—
omit, insert—

chief executive

(2)Section 296(1), ‘Minister’s’—
omit, insert—

chief executive’s

21Insertion of new ch 10, pt 5

Chapter 10—
insert—

Part 5 Transitional provisions for the Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Act 2016

781Existing approved ADIs

(1)This section applies to an ADI approved before the commencement by the law society under section 280 as in force before the commencement.

(2)The ADI is taken to have been approved by the chief executive under section 280.

782Existing arrangements with ADIs

From the commencement, an arrangement under section 287(a) as in force before the commencement has no effect.

783Closure of Legal Practitioner Interest on Trust Accounts Fund

(1)The Legal Practitioner Interest of Trust Accounts Fund established under section 288 is closed.

(2)Any amount remaining in the fund on the commencement is transferred to the consolidated fund.

(3)An amount payable to the fund on the commencement that has not been paid is payable to the department.

22Amendment of sch 2 (Dictionary)

(1)Schedule 2, definitions fund, law practice and prescribed account—
omit.

(2)Schedule 2—
insert—

law practice means—

(a)an Australian legal practitioner who is a sole practitioner; or

(b)a law firm; or

(c)an incorporated legal practice; or

(d)a multi-disciplinary partnership.

23Act amended

This division amends the Personal Injuries Proceedings Act 2002 .

24Amendment of s 9 (Notice of a claim)

Section 9—
insert—

(9C)Subsections (3), (5) and (6) do not apply to a claim based on a personal injury of a person resulting from the sexual abuse of the person when the person was a child.

25Insertion of new ch 4, pt 7

Chapter 4—
insert—

Part 7 Transitional provision for Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Act 2016

86Time for lodging notice for existing claims

Section 9(9C) applies to a claim mentioned in the section arising before or after the commencement.

26Regulation amended

This division amends the Personal Injuries Proceedings Regulation 2014 .

27Amendment of s 7 (Claimant may add other respondents—Act, s 14)

(1)Section 7(1)(a), before ‘the day’—
insert—

if applicable,

(2)Section 7(1)(a), after ‘section 9(3)’—
insert—

or 9A(9)(b)

28Act amended

This division amends the Queensland Civil and Administrative Tribunal Act 2009 .

29Renumbering of s 206BA (Application of ch 5 provisions)

Section 206BA—
renumber as section 206ZA.

30Replacement of ch 4, pt 4B, div 6 (Expiry)

Chapter 4, part 4B, division 6—
omit, insert—

Division 6 Other provision

206ZBHearing of matter after location stops being prescribed location

(1)This section applies if—

(a)the tribunal, as constituted by 2 QCAT justices of the peace under division 2, is hearing a matter; and

(b)the location at which the tribunal is constituted stops being a prescribed location.

(2)For the purposes of the tribunal hearing and deciding the matter, the location is taken to be a prescribed location until the matter is finally dealt with under this Act.

(3)In this section—

prescribed location means a location prescribed by regulation for section 206E.

31Omission of ch 10, div 3 (Transitional provisions for Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Act 2013)

Chapter 10, division 3—
omit.

32Regulation amended

This part amends the Queensland Civil and Administrative Tribunal Regulation 2009 .

33Omission of s 19 (Expiry of pt 5)

Section 19—
omit.

© State of Queensland 2016