The Law Council of Australia (LCA), which has been a long-time supporter to set up a national redress scheme for survivors of institutional child sexual abuse, had earlier this year prepared two separate submissions for the proposed legislative measures underpinning a scheme. Those submissions raised a number of concerns that the LCA had with the proposed measures.

In a statement released last week, president Morry Bailes (pictured) reiterated the concerns expressed in its submissions to the Senate community affairs legislation committee. He highlighted areas in the framework that had deviated from recommendations of the royal commission, adding that this departure was not given any reasonable justification.

“The Law Council’s key areas of concern that remain include the default exclusion of survivors with serious criminal records from accessing redress under the scheme; and the adequacy of counselling and psychological services under the scheme, which as recommended by the royal commission, ought to be made available for the life of the survivor,” Mr Bailes said.

He also highlighted the fact that the scheme would be limited to Australian citizens and permanent residents only, potentially denying former child migrants and those that have been in immigration detention from accessing redress.

Mr Bailes also said the LCA was concerned with a decision to cap redress payments for victims at $150,000. The royal commission had recommended survivors receive a payment of $200,000.

“The Law Council looks forward to continuing to work with the Australian government to ensure the scheme provides survivors with a fair and just option for redress in response to past wrongs that they have endured,” he added.

Mr Bailes described the passage of the bill as a historic and important step. He said the redress scheme acknowledged that Australia, and its institutions, had failed to protect many children from child sexual abuse.

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“The scheme provides an opportunity to respond to these past wrongs and provide survivors with access to a just response,” Mr Bailes said.

The legal group also welcomed an announcement made by Prime Minister Malcolm Turnbull of a national apology to be delivered to survivors of institutional child sexual abuse on 22 October 2018.

“An apology is a very meaningful act, which can often be the first step in the healing process,” Mr Bailes said.

Mr Bailes thanked the leadership show by the Commonwealth Attorney-General and State and Territory Attorneys-General to make the national redress scheme a reality. Most importantly, he recognised the courage of vocal survivors who shared their long-lasting trauma with the commission.

“The LCA acknowledges the work of those survivors who spoke out and contributed to the Royal Commission into Institutional Responses to Child Sex Abuse, which led to the establishment of the national redress scheme,” Mr Bailes said.