An unnecessary hindrance? A critical examination of the appropriateness of statutory limitation periods in Stolen Generations compensation claims

Abstract

This article examines the appropriateness of statutory limitation periods in litigation by Stolen Generations. Stolen Generations are those Aboriginal and Torres Strait Islander children who were forcibly removed from their families by successive Australian governments throughout the twentieth century. This article argues that limitation periods should be removed for three main reasons. First, Stolen Generations often did not have the opportunity to bring actions for compensation against the government due to the nature of the harm suffered. Second, limitation periods simply delay proceedings unnecessarily, because judges will hear these cases ‘on their merits’ before deciding if a claim is statute-barred. Third, failing to remove limitation periods for Stolen Generations litigants presents a double standard when considering they have been waived for other litigants, such as British child migrants.