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‘More must be done’ despite $33m National Redress Scheme investment, lawyer argues
Following an investment of more than $30 million to expand services for National Redress Scheme applicants, one partner has said that while the additional funding is welcomed, legislative reform is needed to ensure protection for institutional abuse survivors.
Lauren Croft
The Albanese government recently announced an investment of $33.3 million in new and expanded services for National Redress Scheme applicants, including $26.1 million over four years for a new targeted support service that will assist survivors to submit complete applications to the National Redress Scheme.
“Applying for redress can add to the trauma survivors have already endured, and we want to ensure they have access to the practical and emotional support they need, from legal advice on their options through to assistance with completing their applications,” she said.
“Through this package, we are not only expanding access to supports but also making it more likely applications are complete, which can cut down on processing times and result in quicker outcomes for applicants.”
Following this news, GMP Law partner and institutional abuse specialist Julie Baqleh said the investment was a “much-needed funding boost that will ensure those who need it can continue to access support for the horrors they endured”.
“However, whilst this investment demonstrates the government’s support for survivors of institutional abuse, it serves as a timely reminder that more needs to be done to ensure enduring protection for victims and survivors,” she said.
“As a next step, state and territory parliaments need to pass legislation enshrining in law last year’s High Court decision that allows judges to hear all evidence and decide cases on their merits, even when perpetrators are deceased.”
This comes after, in 2021, one abuse law principal criticised previous changes to the National Redress Scheme for Institutional Child Sexual Abuse Amendment Bill 2020, which she said didn’t focus enough on substantial reforms.
Now, Baqleh argued that a failure by parliaments to act means a future High Court could overturn last November’s decision, undermining victims of institutional abuse securing justice.
“The High Court’s decision that permanent stays should only be granted in ‘exceptional’ cases limits the ability of institutions to halt legal proceedings, a tactic they shamefully used to avoid accountability. Yet, more must be done, and it is imperative for governments to take decisive action to ensure enduring protection for survivors,” she said.
“In recent years, significant strides have been made in enabling victims of child sexual and physical abuse at the hands of institutions to seek compensation. Until recently, Australians who suffered abuse were barred from suing institutions if the abuse occurred more than three years ago. Thanks to new state and territory laws, these limitations have been lifted, allowing survivors to seek justice no matter how long ago the abuse occurred.”
Baqleh added that under the changes, judges could weigh the inability of institutions to defend themselves and adjust damages accordingly.
“Institutions often argued that the death of alleged perpetrators or the loss of records precluded a fair trial, despite their own role in delaying justice and, in some cases, withholding or failing to disclose evidence. While a fair trial is essential for all, protecting survivors from having their cases unjustly stayed is equally crucial,” she said.
“The High Court’s decision must be codified into law to ensure its permanence. Enshrining these protections into law will empower judges to hear all evidence and decide cases on their merits, and ensure a balanced approach that respects both justice and fairness, and safeguards the rights of abuse survivors.”
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Lauren Croft
Lauren is a journalist at Lawyers Weekly and graduated with a Bachelor of Journalism from Macleay College. Prior to joining Lawyers Weekly, she worked as a trade journalist for media and travel industry publications and Travel Weekly. Originally born in England, Lauren enjoys trying new bars and restaurants, attending music festivals and travelling. She is also a keen snowboarder and pre-pandemic, spent a season living in a French ski resort.
