Abstract:
The Australian Royal Commission into Institutional Responses to Child Sexual Abuse 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 have had in obtaining redress or tortious compensation for their abuse. The Royal Commission has recently delivered a report on redress and civil litigation.
This article examines existing avenues for survivors to seek tortious compensation from institutions and options for reform. Under current Australian law, there are numerous procedural and doctrinal obstacles to such compensation over and above the ordinary risks and burdens of litigation. The recommendations of the Royal Commission with respect to civil litigation are designed to provide clearer avenues to compensation for survivors than exist at common law. We consider the nature and scope of the Royal Commission’s proposed reforms to institutional liability and additional options for reform.
Silink, Allison and Stewart, Pam, Tort Law Reform to Improve Access to Compensation for Survivors of Institutional Child Sexual Abuse (August 2016). (2016) 39 (2) UNSW Law Journal 553.
First posted 2016-08-12 07:15:13
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