Institutional News

Commonwealth Redress Scheme-Major Points

At this stage, the scheme applies only to a Commonwealth institution. The scheme will also apply to Territory and non-government institutions of a Territory which decide to “opt in”. Institutions that opt in to the scheme will need to meet a number of criteria including that they are solvent and agree not to rely upon previous deeds of release. Participating institutions will be liable for the costs of providing redress and will contribute to the administration costs of the scheme;

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Limitation Periods in Child Abuse Cases Abolished by Scottish Parliament

Scotland has passed the limitation (Childhood Abuse) (Scotland) Act 2017 which has abolished in child abuse cases the previous three year time limit for lodging a claim with the court (https://news.gov.scot/news/legal-milestone-for-child-abuse-victims).

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Further Delays in Northern Ireland's Historical Abuse Compensation Scheme

Northern Ireland has received recommendations to establish a redress scheme for victims of historical child abuse following a report by the Historical Institutional Abuse Inquiry, led by Anthony Hart, which outlined a series of recommendations after sexual, physical and emotional abuse was revealed to have taken place at church and state-run institutions between 1922 and 1995. Among the recommendations was a proposal that abuse survivors should receive compensation ranging from £7,500 to £100,000 each as part of a compensation package.

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Western Australia and Tasmania to abolish time limitations

The Royal Commission identified that the strict time limits imposed upon survivors to bring a civil action were particularly problematic for victims of child sexual abuse. The Commission demonstrated that many survivors delay disclosure for years and even decades. Accordingly, it recommended that the State Governments move to legislate the removal of the statute of limitations.

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Maximum Compensation Doubled under Anglican Redress in Tasmania for Survivors of Abuse

On 17 April 2018, the Anglican Bishop of Tasmania Richard Condie came out in an opinion piece urging the Tasmanian Government to opt into the National Redress Scheme (NRS) (https://www.theadvocate.com.au/story/5347194/tasmanian-child-sex-abuse-victims-lawyer-slams-state-government-inaction). So far only Victoria and New South Wales have committed to the scheme with the Tasmanian Government saying only that the scheme is being actively considered by the Tasmanian Government. (The Advocate 22 April 2018).

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National Redress Scheme Senate Review

To provide an alternative mechanism, outside the civil law framework, in which survivors of institutional child sexual abuse may seek redress. This means that these survivors, whom may have been road blocked from seeking redress within the strict parameters of the law, may now seek relief under the National Redress Scheme (“the Scheme”). The Scheme is intended to operate for 10 years.

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UK Inquiry recommends compensation for Child Migrants

The United Kingdom Independent Inquiry into Child Abuse (IICSA) has issued its report into the Child Migration Programmes of the 40’s and the 50’s. The full report is available at https://www.iicsa.org.uk/key-documents. IICSA has made three recommendations for the British Government to consider:

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Bill To Abolish Statute of Limitations Passes both Houses in Western Australia

On 22 November 2017, the Western Australian Government introduced a Bill, taking its first steps towards abolishing the statute of limitations that have severely impacted an abuse victims ’ access to civil justice. Now, 4 months later, on 10 April 2018, the Bill was agreed to by the Legislative Assembly and will come into operation following Royal Assent and Proclamation.

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Redress Scheme Becoming a National Reality

Victoria and New South Wales were the first states to get on board with the National Redress Scheme (NRS) which is being established by the Federal Government following recommendations by the Royal Commission into Child Sex Abuse and is due to commence on 1 July 2018.

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Victoria has introduced legislation to opt in to National Redress

Under the Victorian National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018, the Government will refer powers to the Commonwealth to ensure that Victorian state institutions participate in the scheme. As part of the scheme, eligible survivors of institutional child sexual abuse will be able to seek a range of redress options including monetary payments of up to $150,000, access to counselling services, and direct personal responses including an apology from the institutions or organisations responsible for their abuse.

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Transferring the custody of Royal Commission Records

The government will provide $500,000 in 2018-19 to transfer custody of the records of both the Royal Commission into Institutional Responses to Child Sexual Abuse and the Royal Commission into the Protection and Detention of Children in the Northern Territory to the Attorney-General’s Department.

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Final Redress Legislation tabled in Federal Parliament

Dan Tehan, the Minister responsible for the National Redress Scheme (NRS) tabled legislation to establish the scheme to federal parliament on Wednesday coinciding with the Victorian Government’s legislation to refer powers which was tabled in Victorian parliament earlier this week.

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Can Medical Records be Subpoenaed in Sexual Abuse Cases?

Angela Sdrinis Legal is currently acting for victims of alleged sexual assaults in an Ashram. The five plaintiffs in these applications have brought proceedings in the County Court to recover damages for alleged sexual assault by the second named defendant whilst they were at an ashram conducted by the first named defendant.

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The Tasmanian Government to Opt into the National Redress Scheme

The Tasmanian Government announced on 22 May 2018 that it will be opting into the National Redress Scheme (NRS) and that as of 1 July 2018 limitation periods with respect to child abuse claims, which has stood in the way of survivors applying to the courts for damages, will be removed.

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The UK Independent Inquiry Into Child Abuse (IICSA) Recommends a Compensation Scheme for Child Migrants

In an interim report, IICSA has recommended to the UK Government that it set up a financial redress scheme for survivors of the Child Migrant Programme, which resulted in 130,000 British children were forcibly deported to Australia and other Commonwealth countries where they were subjected to hard labour and in many cases experienced severe physical and sexual abuse.

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