the terms in which this Bill was introduced to my mind make it clear beyond peradventure that the intention was to give effect to the Tucker recommendation that the limitation period in respect of trespass to the person was not to be reduced to three years but should remain at six years.
The effect of those comments was to exclude actions for trespass to the person (and certain other specified actions) from the more restrictive effects of the limitation provision that was under consideration, and to ensure that trespass to the person retained the more generous limitation period.
In 1963, the Supreme Court of Victoria held in Kruber v Grzesiak that trespass to the person was a 'breach of duty' within the meaning of s 5(6).
Finally, to exclude trespass to the person from the ambit of s 5(1A) (and s 23A) would result in treating plaintiffs in intentional trespass actions less generously than plaintiffs in negligence actions.
This case has undoubtedly paved the way for children held in STCs between 1998 and 2008, and maybe even beyond, to claim compensation for assaults, trespass to the person
, and breach of their human rights," she said.