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NSW introduces laws to overturn child abuse payouts
Attorney-General Mark Speakman has announced a suite of new laws that will alter “unfair” payouts to child sexual abuse victims and improve their access to justice.
Naomi Neilson
Under the reforms announced on Wednesday, 17 March, survivors of institutional child abuse will be empowered to pursue fairer compensation for the “appalling mistreatment they suffered as children” with a clearer pathway forward.
“We know from the harrowing accounts heard by the Royal Commission that many survivors, often suffering significant trauma, felt they had no choice but to accept inadequate settlements due to legal technicalities preventing them from suing responsible institutions,” Mark Speakman said.
“This bill will give the courts the power to set aside certain settlement agreements for sexual abuse, serious physical abuse or other connected abuse and enable survivors to access the civil justice that they deserve.”
In response to the Royal Commission into Institutional Responses to Child Sexual Abuse, the NSW government announced reforms in 2016 and 2018 that removed barriers for survivors seeking civil justice.
It included eliminating limitation periods for child abuse claims and abolishing legal technicalities that allowed some institutions to avoid civil liability.
The new Civil Liability Amendment (Child Abuse) Bill 2021 will allow survivors impacted by these legal barriers to have the same access to justice as those who brought a claim after the government’s 2016 and 2018 reforms.
“There has been widespread support across the community for these reforms,” Mr Speakman said. “I’m very thankful to the survivors that brought this issue to the government’s attention and am pleased to be taking this critical step today.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
