Check whether New South Wales section 6A removes the limitation period
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the date of birth and the abuse described on the file, record whether the claimant is the person said to have been abused while under 18, and set Limitation Act 1969 s 6A beside that row. Do not decide that time has expired.
- What the lawyer must review
- Decide whether the abuse is sexual or serious physical abuse, or connected abuse, while under 18.
- Check a dependency claim only if s 6A extends to the Act you have opened.
- Record that s 6A(6) keeps the power to grant a permanent stay.
- Keep the file in the firm's system. ASCR r 9 and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales. The court hearing the action.
Produce. A table of age, the abuse described, and s 6A, for the lawyer to accept or reject.
Have ready. Date of birth; Description of the abuse; Whether a dependency or estate claim is made.
Example of the limit. Illustrative example: The file describes connected psychological abuse, and the sexual abuse it is said to accompany happened after the claimant turned 18. The tool records both ages. The lawyer decides whether s 6A(3) is met.
Stop and hand it back when
- The age at each alleged act is missing.
- The claim is only a parent's claim and no opened extension has been named.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Child abuse in s 6A means sexual abuse, serious physical abuse, or other abuse connected with either, in each case while the person is under 18. Connected abuse counts only if both it and the sexual or serious physical abuse occurred under 18.
- The action may be brought at any time and is not subject to any limitation period under the Limitation Act 1969. The section extends to the Compensation to Relatives Act 1897 and Law Reform (Miscellaneous Provisions) Act 1944 s 2.
- Section 6A(6) does not limit a permanent stay where delay has a burdensome effect so serious that a fair trial is not possible.
- Do not use the s 6F definition here. That duty section uses a different definition of child abuse.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Letter to an institution about a claim for abuse of a child | Letter | AI use Yellow | Letter telling an institution that a person intends to claim for abuse suffered as a child, covering the limitation position and the proper-defendant rules in Victoria, Queensland and New South Wales. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Limitation Act 1969 (NSW) s 6A · 2026-10-23
- Civil Liability Act 2002 (NSW) s 6F · 2026-10-23
- Supreme Court of New South Wales page on Practice Note SC Gen 23 · 2026-10-23
The guiding principles say the Act was amended on 17 March 2016. Cite s 6A as opened, not that date, unless the lawyer has checked the commencement.
If this is used in a Supreme Court document, read Practice Note SC Gen 23. The Court's page records amendments that came into effect on 3 February 2025. The note itself was not opened, so no clause is quoted.
Records on this file stay in a firm-controlled tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).