Motions

National Redress Scheme

Adjourned debate on motion of Hon. F. Pangallo:

That this council—

1. Welcomes the establishment of a National Redress Scheme and the announcement of a national apology;

2. Appreciates that survivors have been waiting a long time for a National Redress Scheme and that the implementation of such a scheme is urgent and overdue;

3. Acknowledges the concerns that the scheme does not fulfil all the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse regarding the Redress Scheme;

4. Notes that critical issues, such as the adequacy of the maximum payments and the counselling available to survivors under the scheme, remain of concern to survivors and their representatives;

5. Recognises that relevant prior payments should not be indexed under the scheme; and

6. Encourages the state government to work with the federal government and other states to strengthen the scheme.

(Continued from 4 July 2018.)

The Hon. D.G.E. HOOD (16:48): I am pleased to speak on behalf of the Attorney-General on this motion welcoming the establishment of a National Redress Scheme and the announcement of a national apology. I thank the Hon. Frank Pangallo for his comments and interest in this matter, noting that he has recently written to the Attorney-General on aspects of the scheme. The Attorney-General acknowledges that and thanks him for his interest. I indicate that the government will be supporting most aspects of the motion moved; however, I will move one relatively minor amendment shortly.

To begin, this week the government will be introducing the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Amendment Bill 2018. The bill reflects the commitment made by the South Australian government in May this year to participate in the National Redress Scheme for survivors of institutional child sexual abuse. Its passage will enable and support the full implementation of the National Redress Scheme in South Australia and the consistent operation of that scheme around the country.

By way of background, the Redress Scheme was a key recommendation of the commonwealth royal commission. The commission heard from thousands of survivors across Australia and their stories opened our eyes to the prevalence of institutional child sex abuse, the failure of institutions to respond, and the lifelong devastating consequences that it can bear. In the course of its inquiries, the commission found that, for many survivors, existing civil litigation systems, past and current redress processes, have not provided adequate justice. It heard that the very nature and impact of institutional child sexual abuse can work against survivors' ability to seek damages under existing avenues.

Another issue that arose in the private sessions before the commission was the time it can take for survivors to disclose child sexual abuse. On average, the commission found that it took survivors 23.9 years to disclose the abuse they had suffered. This government's recent reforms to the Limitation of Actions Act to remove the existing limitation periods for initiating claims for child sexual abuse will assist those who disclose their abuse many years after it occurs. The importance of one single National Redress Scheme is key here, as the commission also found that civil litigation is not an effective means for all survivors to obtain adequate redress for the abuse they previously suffered. This brings me to the background of the scheme that we see opted into today.

The South Australian government has been working closely with the commonwealth and other state and territory governments to develop a scheme as recommended by the commission. This is no easy task and has involved countless negotiations between all states and territories around the best scheme that can be rolled out for survivors. Like any nationally consistent approach, there are different views on the table, of course. This government, being elected in March this year, missed many of the discussions and final decision-making around the practical aspects of the scheme, relying on the work of the former government.

While the work done prior to March cannot be commented on, I can say that without a Liberal government in South Australia victims and survivors of institutional child sexual abuse would not have a Redress Scheme to apply for compensation. The Redress Scheme is finalised and has three core elements as recommended by the royal commission. Firstly, it recommended monetary payment of up to $150,000, which is a tangible means of recognising the wrongs that survivors have suffered.

Secondly, it recommended access to counselling and psychological support. The commission heard a great deal about the long-term psychological and mental health effects of child sexual abuse. Thirdly, it recommended direct personal response from the participating institution or institutions responsible. Many survivors who gave evidence before the commission described the importance of receiving an apology from the institution responsible for their abuse. This is not surprising.

An intergovernmental agreement has been drafted to be signed by states and territories participating in the scheme as well as by the commonwealth. The South Australian Premier signed the intergovernmental agreement on 6 June 2018. With South Australia opting in in May this year, it signifies that all government institutions will be participating alongside all commonwealth institutions automatically participating in the National Redress Scheme.

Once the bill passes and commences, non-government institutions in our state, including churches, charities, independent schools and other organisations, are able to participate in the National Redress Scheme. While the introduction and passage of this bill is an important step in making the National Redress Scheme available to all South Australian survivors, there is still work to be done to prepare the administrative facilities and services necessary to ensure the efficient processing of applications and facilitation of redress in all forms for eligible applicants.

This government is working side-by-side with the federal government on the operational and practical aspects of the scheme. The Attorney-General is also working with those who have received ex gratia payments from the government already and lawyers acting on behalf of many survivors. It is pleasing that applicants are able to apply from now and at any time within the 10-year life of the scheme and will be supported in completing their applications, including with necessary legal advice by independent redress support services.

This motion is welcomed by the government in most aspects, as I mentioned at the start of my speech today. In terms of the members' commentary around indexing of payment, payments made under the existing child in state care ex gratia scheme, where they are a relevant prior payment for the purposes of the scheme, will be subject to the indexation provisions as detailed in section 30(2) of the commonwealth's National Redress Scheme for Institutional Child Sexual Abuse Act 2018.

This was an aspect determined by the states and territories as the most practical way forward for the scheme, given the differing payments made across the country previously. Therefore, on behalf of the government I move the following amendment:

Remove paragraph 5 of the motion and renumber the motion accordingly.

The Attorney-General and the government appreciate the interest this scheme has had with members of parliament.

The honourable member, Mr Pangallo, in writing to the Attorney-General has raised a number of issues with her, albeit after introducing and speaking to this motion and well after the National Redress Scheme had already been opted into, over six weeks after the formal announcement was made—to be clear. The Attorney-General continues to work with her department and the federal government on this scheme and will update the parliament and of course the Hon. Mr Pangallo accordingly.

To finish, I reiterate the words of the Attorney-General in the other place and acknowledge the survivors of institutional child sexual abuse, their families and the organisations that represent them. Whether as children or adults, the reality is that for many years survivors were not listened to, were not believed or were not acknowledged. We thank them for their resilience and their determination to ensure that we all learn from the mistakes of the past and to acknowledge the harm and suffering experienced by the many thousands of children who were sexually abused in institutions where they should have been safe.

Debate adjourned on motion of Hon. I.K. Hunter.