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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
2018-09-04 Daily Xml
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Bills

National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 25 July 2018.)

Ms LUETHEN (King) (11:10): I rise to support the implementation of the National Redress Scheme for victims of institutional child sexual abuse bill 2018. The Royal Commission into Institutional Responses to Child Sexual Abuse was established by state and federal governments in November 2012 and commenced hearings in 2013. Our government is implementing the recommendations in relation to the establishment, funding and operation of a single National Redress Scheme because we care so deeply about the appalling experience of the survivors of institutional abuse.

I think it is always important to share at least a few words from one of those survivors in this house so that we feel the gravity of what has taken place:

It affects your whole life for the rest of your life. It doesn't go away, you never really forget it. It's part of everything you do, but you don't realise it half the time.

This is from a survivor of institutional abuse who was raped in the institution he was in, who escaped the abuse three times, but could not tell what was going on and was sent back.

Since late 2016, officials from the commonwealth and all state and territory governments have worked together to design the scheme, consistent with recommendations of the royal commission, so as to encourage the maximum possible participation by government and non-government institutions.

On 29 May 2018, the new Liberal Premier and Attorney-General formally opted in to the National Redress Scheme on behalf of South Australia. To make the scheme operational, South Australia must now adopt the commonwealth legislation, which sets up the scheme. The commonwealth Royal Commission into Institutional Responses to Child Sexual Abuse recommended the establishment of the national scheme. In the course of its inquiry, the commission found that, for many survivors, existing civil litigation systems and past and current redress processes have not provided the justice people were looking for.

The Marshall government believes that joining the national scheme is the best means of providing a measure of justice for victims of institutional child sexual abuse in South Australia. The royal commission revealed thousands of appalling cases of institutional abuse of children that requires both a compassionate response and sweeping reform of how we protect our society's most vulnerable members from this inexcusable abuse.

The stories presented to the commission opened our eyes to the prevalence of institutional and sexual abuse, the failure of institutions to respond and the lifelong impact that this brings to bear on people, on our fellow community members. The findings and recommendations of the royal commission are powerful and far reaching and will hopefully lead to safer communities across Australia. The crimes committed against innocent children cannot be undone, but it is critical that the legacy of child sexual abuse is addressed.

The Marshall government has also introduced new laws in state parliament to remove time limits for victims of child sexual abuse to seek compensation for civil claims. This will remove the injustice that prevented victims of child sexual abuse seeking compensation after the age of 21. I can tell the house that most victims I have met have been way past their 21st birthday before they talk about the abuse they suffered either in an institution or in the family. Our state government will assume funder of last resort responsibilities where the institutions have closed or are unable to fund the compensation payments.

In summary, this bill allows for the application of the scheme in South Australia. The commonwealth does not have constitutional legislative power to impose the scheme on states in the absence of this. It ensures that once state legislation is passed and has commenced, government and NGIs in that state can apply to the federal minister to have institutions declared and therefore included on the declaration list. It is only once an institution is declared as a participating institution that applications for redress in relation to the institution can be progressed by the scheme operator.

The scheme has become established in response to the royal commission recommendations and aims to provide acknowledgement and ongoing support to people who experienced institutional child sexual abuse. It is intended to offer an alternative pathway to seeking compensation via a civil claim in courts or via a claim for victims of crime compensation. It will be up to an applicant to determine, when they receive an offer of redress under the scheme, whether to accept that offer or reject it on the basis that a civil action might suit them better as an individual.

The scheme will run for 10 years from 1 July 2018. States will get six-monthly statistical reports relating to the scheme operation; whether these are made public will be up to the federal minister, noting that the federal minister recently issued a press release providing statistics for the first month of operation of the scheme. Annual reports by the scheme operator are required and these are proposed be made public. Redress available under the scheme comes in three forms:

access to counselling, which will either be access to services provided directly by the state or territory or a payment of between $1,250 and $5,000 to access services of choice, depending on where the person lives (for South Australian residents the payment option will apply);

a payment between $10,000 and $150,000, as determined by an independent decision-maker in accordance with the assessment framework; and

a direct personal response from a responsible institution in accordance with the DPR framework. This is voluntary for an eligible applicant and intended to be designed and delivered around their suitability and readiness.

In terms of scheme costs for South Australia, modelling commissioned by the federal government has estimated that about 3,000 claims might be expected in relation to South Australian institutions, about half of which relate to South Australian government institutions. The South Australian government has set aside funding from the existing Victims of Crime Fund to support the scheme based on this modelling (about $146 million). There are some restrictions on eligibility. A person can apply if:

they experienced sexual abuse as a child; and

an institution was responsible for the abuser having contact with the person; and

the abuse occurred before 1 July 2018; and

the person will turn 18 before the scheme closes on 30 June 2028; and

the person is an Australian citizen or permanent resident.

Applications will require special assessment processes if the persons are currently in gaol, have previously been sentenced to five years' or more imprisonment, and/or have already received a court order judgement in a civil claim against relevant institutions in respect of the abuse. Such applicants are not eligible to also seek redress under the scheme.

As Liberals, we believe good governments care for and support those who need help to get back on their feet and live the best life possible. I will work tirelessly with my colleagues to help people to live their best life possible. I will work tirelessly with my colleagues to create a safer South Australia for children to grow up in.

I thank the people in King and people from across Australia who have taken the time to share their difficult childhood experiences with me. These open honest discussions we are now having in the community and in parliament on your behalf are creating a new culture and new hope for the future. I am inspired by and commend the strength, bravery and hope of every survivor who has shared their story with me. Violence costs our community billions of dollars and so much pain and sadness and it robs people of the chance to live their best life possible. It is time for change, and that time is now.

In terms of the next steps in South Australia, the South Australian government is working towards having the scheme fully implemented and operating, in respect of South Australian institutions, in early 2019. This includes passage of the bill in South Australia, the drafting and introduction of regulations under the South Australian bill, preparing to respond to the requests for information from the scheme operator in relation to applications and preparing to provide direct personal response to eligible applicants.

I have personally received feedback on the application process being very time consuming and intensive, and I have spoken to the Attorney-General about this. I have been told that, if a person is struggling with the process, they should contact the Attorney-General's office.

Members, this is National Child Protection Week. Our focus is on safe children and stronger communities. I thank the Premier and the Deputy Premier for this bill and for caring so deeply about these survivors. I commend the bill to the house.

Debate adjourned on motion of Mr Pederick.

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