Blow to Plan for National Redress Scheme for Child Sex Abuse Victims

By Paul Bibby
Sydney Morning Herald
March 24, 2015

http://www.smh.com.au/national/royal-commission-blow-to-plan-for-national-redress-scheme-for-child-sex-abuse-victims-20150325-1m75wv.html

Disappointed: Justice Peter McClellan. Photo: Nick Moir

Hopes for a single, national scheme to provide assistance and compensation for victims of child sexual abuse have been dealt a heavy blow, with the federal government stating that such a scheme is too complex, time consuming and costly.

The statements were made in a blunt, two-page submission to the Royal Commission into Institutional Responses to Child Sexual Abuse, which is trying to develop a redress scheme for those who have suffered abuse.

On Wednesday, the chairman of the commission, Justice Peter McClellan expressed disappointment that, while the Commonwealth government had accepted the need for "effective redress" when it set up the commission, it now did not support what evidence showed was the most effective scheme.

Under the scheme proposed by the commission this year, the Commonwealth would have responsibility as a co-ordinator, and also as a "funder of last resort" - to provide financial support for victims when the institutions responsible were insolvent.

"It seems clear from the Commonwealth's submission that it does not support a single national redress scheme," Justice McClellan told a hearing, to discuss providing redress to victims, that was held in central Sydney on Wednesday.

"The commissioners are disappointed that ... the structural approach, that is overwhelmingly supported by survivor advocacy and support groups and many institutions as being the most likely to ensure a just, fair and consistent outcome for all victims where they may have suffered abuse, is not presently supported by the Commonwealth."

In its submission, prepared by the Australian Government-Solicitor, the Commonwealth said a national scheme would be too complex and require too much time and resources to establish.

It said the time required to negotiate the terms of a national scheme would "frustrate" abuse victims and questioned whether it even had the legal and constitutional authority to act as a co-ordinator.

"Responsibility for providing redress should lie with the institution that failed to provide the individual survivors," the submission stated.

"Institutions must accept the legal, financial and moral responsibility for failing to protect children. Such recommendations would send a clear message to those institutions that they have no choice, for the future, but to prioritise the safety and wellbeing of those children entrusted to their care."

In addition to its attack on the suggested national scheme, the Commonwealth declined to send a representative to speak to Wednesday's hearing.

Only three state and territory governments will address the hearing, with NSW, Queensland and Western Australia also choosing not to attend.

The hearing continues.