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Lawyer calls out ‘flawed’ child abuse redress scheme
A Brisbane compensation lawyer says the government’s apology to survivors of institutional child sexual abuse has “avoided acknowledging the serious flaws” in the national redress compensation scheme.
Emma Musgrave
According to Bennett & Philp Lawyers director Mark O’Connor, the scheme’s maximum payout falls “well short” of the recommended payments.
In addition, Mr O'Connor said some victims “will have to jump through bureaucratic hoops to be compensated”, particularly when “the redress scheme as created has a $50,000 shortfall on the recommended payouts, and is maddeningly vague on defining terms such as ‘penetration’,” he said.
“What it means is that a person could suffer appalling prolonged abuse with an associated lifelong battle with drugs, alcohol and failed relationships and receive no more than $40,000 – an amount significantly less than they deserve,” he said.
“For example, I spoke to a woman who as a young child was praying in her local Catholic Church. Her parish priest came up and sat behind her in church and told her he would show her how to pray. While he was sitting behind her he relieved himself on her. Apart from eventually losing her Catholic faith, she also had deep problems which affected her throughout her life – under the redress scheme she would receive a maximum of $40,000.
“I spoke to a man who, whilst in a youth detention centre which included a farm, witnessed acts of bestiality – this confronted him and contributed to a lifetime battle with alcohol. Under the scheme he may get $15,000.
“I don’t think these payments will provide justice for these survivors or for many more like them.”
In conclusion, Mr O’Connor acknowledged that while the national redress scheme for victims of child sexual abuse is one long overdue and welcome, he noted there needs to be a broader interpretation of the various categories of abuse.
“For example there’s no general interpretation of the term ‘penetration’. We would argue it should include oral sex but apparently it does not cover that so victims in that category could be denied their full entitlements,” he said.
“The Prime Minister’s high profile apology to victims was no doubt heartfelt, but the bureaucratic reality of implementing the redress scheme could be quite at odds with the emotions behind his apology.”
Emma Musgrave
Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.
Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences.
Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.
She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University.
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