It has been four years since the Royal Commission into Institutional Responses to Child Sexual Abuse released its final Redress and Civil Litigation Report making recommendations for civil liability reform to improve the capacity of survivors of institutional child sexual abuse to recover civil compensation. Legislative responses to the recommendations have differed across Australian jurisdictions. This article compares the reforms that have been enacted to date. It offers an analysis of the scope and application of the legislation and identifies significant omissions and obstacles to survivors of institutional child sexual abuse bringing actions for civil damages.
Stewart, Pam and Silink, Allison, Australian Civil Litigation Reform in Response to the Recommendations of the Royal Commission into Institutional Child Sexual Abuse (June 1, 2020). (2020) 26 Torts Law Journal 1.