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Non-enlisters to child sex abuse redress ‘rightfully criticised’

Organisations yet to sign up for the national child sex abuse redress scheme can expect to be publicly shamed, a Brisbane lawyer has warned.

user iconGrace Ormsby 07 March 2019 SME Law
Trent Johnson
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Bennett & Philp Lawyers’ director and injury compensation lawyer Trent Johnson said reports that have named over 100 organisations and institutions Australia-wide that have not signed up to the national scheme will intensify public anger toward those appearing to avoid responsibility.

In a Bennett & Philp statement, Jehovah’s Witnesses, Swimming Australia, and Brisbane Grammar were singled out by the firm as among the organisations not currently listed as intending to join the national redress scheme.

Mr Johnson said the widely publicised conviction of George Pell for child sex abuse offences has intensified public focus on the redress scheme that was launched last year.

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“Those institutions that have not developed their own redress schemes nor subscribed to the national scheme (albeit in our view flawed and not in-keeping with the full recommendations of the royal commission) should be held accountable and rightfully criticised in the forum of public opinion for their inactions,” he stated.

“Unless institutions have informal or interim redress schemes in place, victims of child sex abuse must pursue claims through the common law process, which can be an expensive and lengthy process,” the lawyer explained.

“The common law option always remains available and for those suffering moderate to severe impairment/effects due to their abuse, that will usually be the most beneficial way to proceed, despite it likely taking longer than a redress claim – although given the slow processing of redress claims, that is not entirely clear at present,” he continued.

In the wake of the widely publicised conviction of Pell, Mr Johnson said he hoped that victims of child sexual abuse who may have previously been fearful in coming forward to report their abuse will now feel safe enough to do so.

This is despite around 900 applicants to the scheme currently being “on hold” in awaiting assessment because institutions responsible for the abuse are yet to sign on to the scheme, according to federal politician and social services minister Paul Fletcher.

Other abuse victims waiting for more institutions to join before they apply, a Senate estimates hearing was told last week by an official in Mr Fletcher’s department.

Bennett & Philp Lawyers flagged an issue with Mr Fletcher’s assertations that only 51 applications had been approved under the scheme so far.

Mr Johnson acknowledged “the assessment and processing schematics of the scheme, whilst confidential, seem highly inefficient”.

“It is not a transparent process as it should be,” he continued.

The firm’s experience is that “redress claims are processed slowly and the scheme actively encourages victims to communicate directly with the scheme, even where they have indicated an unwillingness to do so and requested that communication be through their lawyer”, Mr Johnson said.

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