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National Redress Scheme
Funder of Last Resort announced for Fairbridge
It was a long battle for survivors of abuse at Fairbridge institutions to have arrangements put in place for their claims to be paid under the National Redress Scheme. In a welcome development in March 2021, Social Services Minister Anne Ruston announced that the Australian state and federal governments would step in and take responsibility for paying Fairbridge claims. “This announcement means that applications can now be progressed, which name these institutions and where a government played a role in placing the child”, Minister Ruston said. Key players in achieving this positive outcome are Richard Hinch, President of the Old Fairbridgians’ Association WA, and Senator Dean Smith, Chair of the of the Joint Select Committee on Implementation of the National Redress Scheme. Both were active in seeking to resolve the funding impasse, to allow NRS claims to be progressed. This development will affect approximately 70 applications by Fairbridge survivors, which are currently ‘on hold’, as well as future claims received by the Scheme. It had originally been hoped that Prince Charles’s personal charity the Prince’s Trust Group, and associated entity Fairbridge Restored, would sign up to the Redress scheme, but after lengthy negotiations there is still no resolution in sight. “We will continue to work with the Prince’s Trust but we think the survivors should not have to wait any longer,” Minister Ruston said. Photo: Old Fairbridgians Mike Baker, Ric Hinch and Graham Bennett
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But what about those who missed out?
The announcement of a Funder of Last Resort for Fairbridge will be a bitter pill to swallow for those Fairbridge survivors who have already accepted a part payment under the National Redress Scheme. In cases where an institution hasn’t opted in to the Scheme, applicants can choose to accept a part payment straight away, but in doing so they waive their rights to full payment – even if the institution opts in at a later date, or an alternative funder is found – as has happened with Fairbridge. Obviously, this situation is unfair. The great majority of redress applicants are elderly, and many are in poor health with little money. They should not be forced to choose between accepting a half payment now, or waiting an unknown length of time for the possibility of full payment – hoping that the institution responsible for their childhood abuse decides to opt in to the Scheme. We call for National Redress Scheme guidelines to be amended so that applicants who accept a part payment can have it ‘topped up’ to the correct amount when a funder is found, or the responsible institution opts in. In the case of Fairbridge, Ric Hinch and his Committee continue to press for the UK Prince’s Trust to take direct responsibility for paying redress to survivors of abuse at Fairbridge institutions. It seems particularly important for this source of redress to be made available to those who missed out under the National Redress Scheme. In March 2021, a Prince’s Trust spokesperson welcomed the Australian Government’s decision to fund payments under the Scheme, and said that “the Trust remains committed to providing Fairbridge with funds to support victims and survivors.” We hope this commitment results in speedy action to alleviate the distress and ongoing uncertainty for survivors of abuse at Fairbridge institutions.
Tuart Place calls for NRS guidelines to change so that applicants who accept a part payment can have it ‘topped up’ to the correct amount when a funder opts in
Review of the National Redress Scheme
Survivors, advocates, and support services are eagerly awaiting the report of the second anniversary review of the National Redress Scheme, conducted by independent reviewer Robyn Kruk AO in August/September last year. A further online feedback survey was conducted throughout October 2020. A wide range of individuals and organisations contributed to the Review via written submissions and oral evidence, including participants and staff at Tuart Place. The review was due to report to the Minister for Families and Social Services, Anne Ruston, by the end of February 2021. The Minister will decide if the report is to be made public. If the Minister agrees, the report will be published after 28 February 2021. Minister Ruston has committed to finding ways to improve the Scheme for survivors. We are looking forward to the Minister making public the findings of this important review.
Tuart Place calls for public release of the report on the second anniversary review of the National Redress Scheme
Procedural differences between civil justice and redress
schemes are well known, but knowledge gaps stymie an ability to compare monetary outcomes. A recently published paper by Kathleen Daly and Juliet Davis advances the field of institutional abuse of children by analysing outcomes for 4563 civil justice and redress scheme claims of sexual abuse of children received by 36 Australian Catholic Church authorities (CCAs) over 35 years.
The authorities are archdioceses, dioceses and male and female religious institutes. As expected, average civil justice payments are higher than those for redress schemes. However, there is huge payment variation and a good deal of overlap between the two, especially at the lower end of the payment spectrum. The authors explain payment variation by a generally lower, average or higher paying orientation of the CCAs, coupled with a strong lower paying orientation of the female religious institutes. Victims and survivors of institutional child abuse require information on outcomes of civil justice and redress scheme claims. Daly and Davis join others in calling upon all relevant actors to ‘show the data’ on settled claims. Citation: Daly, K. and J. Davis (2021). Civil justice and redress scheme outcomes for child sexual abuse by the Catholic Church, Current Issues in Criminal Justice, DOI: 10.1080/10345329.2021.1895467, or contact Juliet Davis at juliet.davis@griffith.edu.au
knowmore Legal Service: Free legal support with the National Redress Scheme
National Redress Support at Tuart Place
Tuart Place works closely with knowmore Legal Service in providing support to people who are considering applying to, or engaging with, the National Redress Scheme. Tuart Place firstly assists people to explore their options, which can include civil claims; a direct claim; or a claim under the National Redress Scheme. Tuart Place’s Redress Consultants are highly experienced and sensitive to the needs of people undertaking claims processes. They make warm referrals to trusted law firms where applicable. They provide help with completing Redress application forms, and support throughout the process, in accordance with the individual wishes of each person. We obtain legal feedback on all our National Redress Scheme applications prior to submitting them.
To find out more, or to book a confidential appointment with Jan, Sarah or Catherine, contact Reception at Tuart Place on Freecall 1800-619-795. knowmore is an independent legal service that provides free and confidential legal help to survivors of abuse, and offers information and advice about the justice and redress options that may be available. knowmore also offers free financial counselling to people engaging with the National Redress Scheme. knowmore has offices across Australia, including Perth. Contact knowmore’s free advice line on 1800-605-762, or visit www. knowmore.org
knowmore’s Perth office Senior Lawyer Ellie Haas and Aboriginal Engagement Advisor Margie Coyne on a recent visit to Tuart Place.
Senator Dean Smith, Chair of the Joint A message from Senator Dean Smith Select Committee on Implementation of the National Redress Scheme, writes: and closure first-hand. I am
“We will never stop our quest to make the National truly relieved their wait is over Redress Scheme the best it can be. and pay tribute to their courage The Scheme must evolve and adapt to provide and determination. survivors with an experience that balances efficiency 23 additional defunct and flexibility with the need to support those who have institutions are also being considered under funder of last experienced incredibly traumatic circumstances. resort provisions. We know that more needs to be done to assist They would join the more than 450 institutions Indigenous survivors, for example, especially those living in and the Commonwealth, State and Territory Governments, regional and remote areas. which are already participating in the Scheme. But recent events provide genuine cause for In total, the Scheme now covers more than 63,000 optimism. Another group that had been in urgent need sites across Australia. were the survivors of former Fairbridge Farm Schools, The latest figures reveal that 9,908 applications had whose redress was blocked by legal obstacles. been received by the Scheme, and 5,139 payments made But the Federal, Western Australian, New totalling about $432 million. South Wales, Victorian, South Australian and Tasmanian As we approach the release of the Department’s Governments have now agreed to act as funder of last Second Anniversary Review report, I encourage all survivors resort for the former Fairbridge sites, providing a pathway to come forward with their applications – including those forward for survivors. from Fairbridge, who may have been holding off until this It means that, after far too long, Fairbridge landmark agreement was reached”. survivors’ applications can finally proceed. Senator Smith’s Committee on Committee members like Senator Rachel Siewert Implementation of the National Redress Scheme is currently and I have worked closely alongside many survivors on this accepting submissions. For further information, visit: issue. http://aph.gov.au/Parliamentary_Business/Committees/ We witnessed their hard-fought fight for compensation Joint/National_Redress_Scheme
It was a change to the rules on tax exemptions that finally persuaded the Jehovah’s Witnesses to join the National Redress Scheme. The group had long held out on the basis that its religion was not responsible for children, but, under threat of losing charitable status - and related tax exemptions - it announced in March 2021 that it would opt in. Recently-introduced Australian Charities and Notfor-profit Commission standards require that registered charities take reasonable steps to join the redress scheme if
Jehovah’s Witnesses opt in
an application has been made, or likely to be made, against them.
The changes reflect increasing efforts by the Federal Government and Senator Dean Smith to induce institutions to accept responsibility for paying redress to survivors of abuse through the National Scheme. The Jehovah’s Witnesses were among six institutions ‘named and shamed’ by the Federal Government in 2020, and the third of the six to join the Scheme.
Seventy years ago, a group of 22 children were put aboard the SS Esperance Bay and set sail for Australia under the UK child migration scheme. The children were destined for Neerkol Orphanage, 22km West of Rockhampton in Queensland. Three of these children were Monica Cosby (Duff) aged 13, and Patricia Keleher (Davies) and Patsy Weekers (Barratt) both five years old. Monica remembers having to help look after the two Patsys, who were the youngest of the group. She remembers putting them to bed and sneaking off to the movies. Monica has always said the time on the ship was the best time of her life. Patsy Weekers writes: “After leaving Neerkol, we all went our separate ways, and had families of our own, but have always kept in touch with one another through two Neerkol Reunions, the National Australian Apologies and the British Apology to Former Child Migrants. “Since 1995, the three of us have reunited in
Celebrating 70 years in Australia
Rockhampton to celebrate 50, 60, now 70 years in Australia. Here we all are at the Frenchville Sports Club in February 2021, celebrating the 70th anniversary. Monica, Patricia and Patsy are Friends Forever.”
