Update on ‘National’ Redress Scheme: Don’t leave your claim too late!
There have been some interesting developments further to our article on (November 18, 2015) regarding the recommended National Redress Scheme, for Victims of Institutional Child Sex Abuse.
On 29 January 2016, the Federal Government made a Commitment to creating a ‘National Approach’ for Survivors of Child Sexual Abuse.
In recognising the importance of implementing a ‘National Approach’ to a Redress Scheme as soon as possible, the Federal Government has made it clear that while there is a need for consistency in the Scheme across Australia, the main responsibility for compensation will rest with each individual State and Territory. Essentially, the Scheme will place the onus on State and Territory governments and non-government institutions, to take responsibility for the wrongs committed under their care.
The President of Adults Surviving Child Abuse, Dr Cathy Kezelman, has stated that “It’s good to see the Commonwealth government getting behind a national redress scheme.”
While this appears to be a genuine step in the right direction for victims of institutional abuse by the Federal Government, some support groups of victims are concerned that the Federal Government has shifted responsibility back onto the States and Territories.
The Executive Officer of the Care Leavers Australia Network, Leonie Sheedy, has expressed her serious concern that victims will be forced to return to seek compensation from the State governments who initially abused them.
Nevertheless, the Federal government is working towards the Royal Commission into Institutional abuse’s recommendation that a scheme be implemented no later than 1 July 2017.
Regardless of who is funding the scheme, if will be a valid option for victims who would not be able to go through the Litigation process.
In any event, due to the limitations of the proposed ‘National approach’ Redress Scheme the amount of compensation is likely to be only a portion of the amount awarded in a Court. We highly recommend therefore, that victims wishing to seek justice and compensation, commence court proceedings against the institution where the abuse took place while the option it still available to them.
It is not known if, after its introduction, the proposed scheme will limit access to the Courts for actions not yet commenced prior to the proposed date of implementation. If you have not commenced a court action by that time, you may then be no longer eligible.
If you feel like you would benefit from having a confidential discussion you can contact the team at Koffels to talk about your legal rights and entitlements. We urge people to be very mindful of a possible limitation date on your access to a court action.
William Yeo, Solicitor
Sherilyn Dunkley, Senior Associate