Vic Govt Must Do More on Abuse: Victims

By Genevieve Gannon
West Australian
May 8, 2014

https://au.news.yahoo.com/thewest/a/23325030/abuse-claim-time-limit-to-go-in-victoria/

Victorian child abuse victims will no longer be constrained by time limits in seeking compensation from the organisations that harboured their abusers, but another hurdle remains.

Premier Denis Napthine says organisations will no longer be able to hide behind the statute of limitations for victims who want to take civil action.

Victims advocacy group Broken Rites said removing time limits was an important step for victims, as it could take 20 or 30 years for some to come to terms with their childhood abuse.

"For victims who are still looking for justice and felt justice was denied that's an important turnaround that they can now bring their claim forward without that time limit that was there previously," spokeswoman Chris MacIsaac said.

But some child sex abuse survivors given a "bubble of hope" by the sweeping reforms from a Victorian parliamentary inquiry now fear it will burst if the government doesn't enact all of the recommendations.

"If these failed to materialise then the bubble would burst and suicides and premature deaths would rise," said the advocacy group, Ballarat and District Survivors of Childhood Sexual Abuse.

It says removing time limits is a good move, but for it to be effective the government also must enact reforms requiring non-government organisations to be incorporated and insured so they can be sued.

"The Ellis defence can still be used and leaves victims with no other option but to go back to the institution that abused them and beg for help," the group said.

Dr Napthine said the government wanted to protect children and was continuing to examine options for reform.

"We as a government are committed to ensuring organisations cannot hide behind statutory time limits in order to avoid the liability they have for harm they have caused to victims of child abuse," he said on Thursday.

Religious ministers will have to undergo working with children checks, while there will be mandatory reporting to a central body and minimum child safety standards for organisations dealing with children.

The government has already made it a crime to fail to report suspected abuse to police.

Dr Napthine said the government believed it "got the balance right" by making an exemption for anyone in a situation where they fear reporting abuse would put themselves and the child at greater risk.

But the Federation for Community Legal Centres says vulnerable women will still have to go to court to defend themselves.

"It is still an offence, potentially, for a woman in a family violence situation to fail to disclose but then there's a defence they can raise," the centre's senior policy adviser Dr Chris Atmore said.

The Catholic Church backed the government's reforms saying it would help to prevent further abuse while supporting victims.

Melbourne Archbishop Denis Hart said the inquiry was an important opportunity for victims to be heard and for the Church to face the truth.

"I believe that this inquiry, and the government's response to it, will assist the healing of those who have been abused and the prevention of abuse in the future," Archbishop Hart said on Thursday.