Child Sexual Abuse Royal Commission: Consultation Paper Predicts National Redress Scheme for Victims Would Exceed $4 Billion

By Deborah Rice
7 News
January 30, 2015

https://au.news.yahoo.com/nsw/a/26151503/child-abuse-survivors-call-on-royal-commission-to-focus-on-accountability-in-redress-schemes/

The total cost of a national compensation scheme for victims of child sexual abuse would exceed $4 billion, according to a consultation paper released by the royal commission.

The commission has today released a consultation paper inviting community input on the issue of redress and civil litigation.

It said that many people would prefer a single national redress scheme to be administered by the Australian Government, with institutions contributing to the funding of the scheme based on their responsibility to individual survivors.

Based on modelling assuming that 65,000 eligible survivors would receive payments of $65,000 each, the total cost of redress would be $4.38 billion according to the report.

"The cost of redress would be spread over a number of years," royal commission chairman Justice Peter McClellan said in Sydney this morning.

"The actuarial model over 10 years suggests, on these assumptions, the maximum cost in any one year is likely to be in the order of $650 million nationally."

Justice McClellan said all major institutions had made it clear that they would cooperate with plans for redress and compensation.

"Everyone recognises that redress is not only about money," he said.

"Furthermore an effective redress scheme cannot offer common law damages.

"The fundamental object of redress must be to help those who have suffered to heal and live a productive and fulfilled life."

The consultation paper explores the journey of the royal commission so far, through its research, private sessions, forums and public hearings.

"We have heard from survivors, survivor advocacy and support groups and others about the many difficulties that survivors experience in seeking redress or damages through civil litigation," the paper states.

"Although the primary responsibility for the sexual abuse of an individual lies with the abuser and the institution they were part of, we cannot avoid the conclusion that the problems faced by many people who have been abused are the responsibility of our entire society.

"This broad social failure to protect children across a number of generations makes clear the pressing need to provide avenues through which survivors can obtain appropriate redress for past abuse."

The paper suggested the elements of appropriate redress appeared to be:

A direct personal response by the institution if the survivor wishes to engage with the institution, including an apology, an opportunity for the survivor to meet with a senior representative of the institution, and an assurance as to the steps the institution has taken, or will take, to protect against further abuse.

Access to therapeutic counselling and psychological care as needed throughout a survivor's life, with redress to supplement existing services and fill service gaps so all survivors can have access to the counselling and psychological care that they need.

Monetary payments as a tangible means of recognising the wrong that survivors have suffered.

However, it acknowledged there would be challenges to designing a model that took into account the varying levels of abuse and re-abuse at both government and non-government institutions, across all states and territories.

"We accept that many survivors and survivor advocacy and support groups will not consider that any approach to redress that we recommend is capable of delivering 'justice', unless it seeks to achieve equality or fair treatment between survivors," the paper states.

The royal commission said there would be advantages and disadvantages to schemes, whether they were institutional, national, or state and territory based.

But it made it clear that redress should be about providing justice to the survivor, not about protecting the institution's interests.

It also said access to redress should be "obtained with minimal difficulty and cost and with appropriate support or facilitation if required".

Survivors 'deserve to be treated with respect'

Survivors said the consultation paper was one of the royal commission's most important documents to date.

"It is about facing responsibility for an appalling abuse of absolute power against the most vulnerable in society," spokeswoman for SNAP Australia (Survivors Network of those Abused by Priests), Nicky Davis, said.

"Acknowledging the harm done, and that the situation always was wrong and should never have been allowed to happen.

"It is not appropriate to use redress discussions to continue to undermine survivors or to focus on affordability in an effort to manipulate us into accepting less than we deserve.

"Survivors deserve to be treated with respect for our honesty, bravery and resilience, and for our generosity in trying to prevent others from having to suffer as we did."

Ms Davis is concerned the institutions will attempt to use a "good works" excuse to deny survivors their rights.

"The good works excuse threatens that charitable works and social services may have to be cut back or shut down," she said.

"It paints survivors of horrific abuse as placing an unreasonable burden on the selfless religions and charities who do so much good for society."

Ms Davis said crying poor was no longer an option.

"There have been plenty of promises, but we are yet to see effective action likely to protect children rather than predators," she said.

"While institutions and individuals are allowed to avoid both criminal and financial responsibility for their actions, those actions will continue.

"That alone is reason to dismiss the good works excuse and insist on full and proper redress."

If churches need to sell assets, 'so be it'

Leonie Sheedy from the support group Care Leavers Australia Network said she supported a national redress scheme.

"If they need to sell assets, then so be it," she said.

"The Christian Brothers in Canada went bankrupt, and the Catholic Church in Minnesota is bankrupt because they've had to pay out.

"Why should it be any different in this country?

"They need to pay for the damage that was done to children in their institutions."

Francis Sullivan from the Truth, Justice and Healing Council within the Catholic Church also welcomed the paper.

"The days of the Catholic Church investigating itself are over," he said.

"We need a national scheme."

The consultation period runs until March 2, with a final report on the issue expected to be released in mid-2015.