Web resource:	http://www.unswlawjournal.unsw.edu.au/sites/default/files/392-4.pdf
Type:	Journal Article
Title:	Tort law reform to improve access to compensation for survivors of institutional child sexual abuse
Authors:	Stewart, Pamela Silink, Allison
Keywords:	Legislation;Compensation;Child abuse;Australia;Victims / survivors;Law;Law reform
Year:	2016
Citation:	Vol. 39, no. 2 ; pp. 553-595
Notes:	The Australian Royal Commission into Institutional Responses to Child Sexual Abuse ('Royal Commission') was established in early 2013 and the extent of historical and continuing child sexual abuse in institutional contexts in Australia is coming to light through its work. The Royal Commission has emphasised the difficulties which many survivors of such sexual abuse ('survivors') have had in obtaining redress or tortious compensation for their abuse. The Royal Commission has recently delivered a report on redress and civil litigation which is final in relation to these issues: Redress and Civil Litigation Report. The Commissioners concluded that: We are satisfied that our society's 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. It also highlights the importance of improving the capacity of the civil litigation systems to provide justice to survivors in a manner at least comparable to that of other injured persons so that those who suffer abuse in the future are not forced to go through the experiences of those who have sought redress to date. To address this need to provide avenues of redress and improve the capacity of civil litigation to provide justice to survivors, the Royal Commission has recommended the implementation of a national redress scheme which would include monetary payments to survivors of past institutional child sexual abuse ('past abuse survivors'), and other statutory reforms. For example, the scheme would introduce new statutory liabilities for institutions which would provide avenues for civil compensation for future survivors of institutional child sexual abuse ('future abuse survivors'), but not for past abuse survivors. See more: http://www.unswlawjournal.unsw.edu.au/sites/default/files/392-4.pdf open access
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/17275
Appears in Collections:	Journal Articles

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