Federal Government Announces Support For National Approach To Compensating Victims of Child Abuse
Thursday 4 February 2016 @ 11.44 a.m. | Crime | Legal Research
The Federal Government has announced its intention to develop a national approach to compensating survivors of institutional child sexual abuse. A joint press release from Attorney-General George Brandis and Minister for Social Services Christian Porter states that the Federal Government intends to commence discussions with states and territories in order to achieve an outcome “as soon as possible”. The media release states that the development of this national approach “follows careful consideration of the Redress and Civil Litigation report of the Royal Commission into Institutional Responses to Child Sexual Abuse”.
The Redress and Civil Litigation Report
While the Royal Commission itself is not due to submit its final report to the Governor-General until 15 December 2017, it released its final report on redress and civil litigation in September 2015. The report contains 99 recommendations, including the establishment of a national scheme. The first recommendation in the report states:
“A process for redress must provide equal access and equal treatment for survivors – regardless of the location, operator, type, continued existence or assets of the institution in which they were abused – if it is to be regarded by survivors as being capable of delivering justice.”
In a media release announcing the report, Royal Commission CEO Philip Reed said:
“We became aware early on that redress was a matter of priority to survivors of child sexual abuse… [Releasing the report early] enables governments and institutions to implement our recommendations to improve civil litigation for survivors as soon as possible.”
Federal Government’s Approach
The joint press release says:
“The Commonwealth’s starting point for these discussions is that governments and nongovernment institutions should take essential responsibility for the wrongs committed under their care. The Commonwealth’s general view – to be advised by the impending negotiations – is that, while substantial responsibility for the operation of the redress process will reside with the jurisdiction in which the offending institution was or is located, it is essential all governments commit to core principles and processes for the assessment and payment of redress.
Accordingly, the Commonwealth will seek the cooperation of the States and Territories to develop a nationally consistent approach to redress through an agreed set of national principles…
The Commonwealth will work with its state and territory counterparts to help secure justicefor the survivors of these heinous crimes.”
NSW and Victoria Support National Scheme
NSW and Victoria have previously announced their willingness to become “funders of last resort” to contribute to compensation to victims where there is a shortfall from the institution or institutions responsible. Speaking to the Sydney Morning Herald last year, NSW Liberal Attorney-General Gabrielle Upton said she supported a national scheme, saying she believed the states had a “moral commitment to assist”:
“We believe this is the best way to ensure consistent, accessible justice for survivors regardless of where their abuse occurred.”
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