National Redress Scheme

New laws enabling West Australian survivors of institutional child sexual abuse to participate in the National Redress Scheme were passed in November 2018, and came into effect from 1 January this year.

WA Attorney General John Quigley said the passage of this legislation was crucial because without it, the State Government and WA-based non-government institutions could not join the scheme. He said that the WA Government’s participation will contribute to it being a truly national scheme. The National Redress Scheme was a key recommendation of the Royal Commission into Institutional Responses to Child Sexual Abuse, alongside a recommendation to remove the statute of limitations on civil claims for child sexual abuse. Photo:On 22November2017, WA AttorneyGeneralJohn Quigley and Premier Mark McGowan walked into Parliament House in solidarity with survivors ofchild sexual abuse.

Government takes decisive action on Royal Commission recommendations

The McGowan Government has made a firm commitment to implementing the 310 Royal Commission recommendations that apply to WA, and has already engaged with 289 of them. Minister Simone McGurk is responsible for overseeing implementation, and is progressing actions across three key areas: preventing future abuse; responding swiftly and effectively to abuse if it occurs; and addressing past abuse.

Decisive action by the WA Government in the third area has included opting in to the National Redress Scheme, and proclaiming the Civil Liability Legislation Amendment (Child Sexual Abuse Actions) Act 2018 (WA), which removed the limitation periods for civil actions by victims of child sexual abuse.

As a result of this change, the first settlement of a civil claim based on historic child sexual abuse was made on 16 August 2018. The first mediation in the Supreme Court was held on 27 September 2018 in relation to a historic abuse in care claim. The Government has developed Guiding Principles to identify how the State and its agencies should handle civil litigation involving child sexual abuse, to help ensure a consistent and compassionate approach, and minimise retraumatisation of survivors.

The State Solicitor’s Office is applying these Guiding Principles in responding to claims against the State. This means that survivors in WA have a choice of pursuing civil litigation through the courts or seeking redress under the National Redress Scheme.

In August 2018, Tuart Place Director Philippa White provided training on Minimising re-traumatisation of survivors of institutional abuse in civil litigation to lawyers and senior WA Government representatives attending a professional development opportunity held by the WA State Solicitors Office.

Dr White and lawyer Gary Dean also gave presentations on this topic at the WA Community Legal Centres Association ‘Quarterlies’, held in Perth on 30 November 2018; and at professional development seminars hosted by Legalwise.

Information session with knowmore Legal Service

Prue Gregory is the Principal Lawyer with knowmore, the Australia-wide legal service providing free, independent legal advice to people interested in applying for the National Redress Scheme for institutional child sexual abuse.

With knowmore’s Perth office due to open by May 2019, Sydney-based Prue is making regular visits to Perth, and will deliver an open information session at Tuart Place at 1.00pm on Monday 25 March 2019.

Prue will provide an update on the progress of the National Redress Scheme and the kind of legal support knowmore is delivering. She will also spend time talking about some of the particular issues affecting West Australian applicants, for example: which WA institutions have signed

up to the scheme so far; and how previous redress payments are likely to affect financial offers made under the National Redress Scheme.

Prue is happy to answer these and any other questions you may have.

This session is open to survivors, service providers and interested others.

Please register your interest by phoning Vicky or Natalie at Tuart Place Reception: Ph 6140-2380, email admin@tuartplace.org

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