(AUSTRALIA)
The Guardian [London, England]
November 26, 2024
By Christopher Knaus
Parliamentary inquiry warns it may run out of time to work through backlog of cases due to significant hold ups and surge in applications
Abuse survivors are at serious risk of being denied justice from the church and other institutions because of extraordinary delays with the national redress scheme, a parliamentary inquiry has warned.
The delays to processing claims for redress are so significant that the inquiry has recommended the federal, state and territory governments agree to extend the life of the scheme, or risk “running out of time” to work through the backlog of cases.
The national redress scheme has been operating since 2018, one year after the royal commission’s damning final report, offering capped compensation and apologies to survivors of abuse in churches, orphanages, children’s homes, schools, sports clubs and other institutions.
But survivors’ groups and advocates have for years warned delays with the scheme were causing further harm, particularly to those who are seriously ill or dying, and leading survivors to pursue civil action instead.
In 2022 and 2023, analysis of redress data by Guardian Australia revealed a growing backlog of claims, which continued to spiral out of control.
The backlog of claims before the scheme had doubled in just two years of operation, the analysis showed, prompting fears that survivors would miss out on justice by the time the scheme stopped taking new applications in mid-2027 and ceased operations entirely in 2028.
Since the Guardian’s reporting, average processing times improved to 11.8 months in 2022-23, but then worsened significantly in 2023-24 to 14.9 months, the slowest processing time on record.
That deterioration coincided with a dramatic surge in applications, up from 10,708 in 2022-23 to 16,324 in 2023-24. The rate at which claims are being finalised is now being far outstripped by the number of new claims coming in.
A parliamentary inquiry on Tuesday found that the delays were now so significant that the life of the scheme must be extended.
“Unless changes are made, some survivors could miss out on redress,” the inquiry found.
The delays have prompted a recommendation that the federal government seek the agreement of states and territories to extend the operation of the redress scheme.
Knowmore, a free legal service for survivors, warned the inquiry that the scheme was “approaching a dangerous crunch point” and that “many thousands of eligible survivors … are at risk of missing out”.
The inquiry recommended the federal government seek agreement from states and territories to extend the scheme beyond 2028. Failing that, it found the various governments should consider asking potential redress applicants to register by a set date to allow them to apply for redress after the cut-off, and extend some aspects of the scheme such as psychological care.
It recommended additional funding be provided to the scheme, and that the government mount a public awareness campaign to ensure survivors know their time is running out.
The report said delays were explained by multiple factors. Early estimates about the number of survivors who would seek compensation, the inquiry said, were “wrong”. Despite extra resources given to the scheme, catching up on the backlog was “going to take a huge effort”.
The report warned survivors were receiving poor advice and were confused about the different ways to seek justice, including via the courts or multiple redress schemes, which was “potentially overwhelming and confusing”.
The department of social services had told the inquiry that “the scheme has been more complex to implement than originally anticipated”. The inquiry also warned that delays and mistakes had eroded trust and contributed to delays and negative experiences.
Recommendations to improve the scheme, made in the second year of its operation, have taken too long to implement, the inquiry warned.
Guardian Australia has previously revealed that the former Coalition government failed to respond to the second-year review, despite promising to do so before the 2020 election.