Institutional abuse compensation: MEJ offers support to survivors

Posted on 21 August, 2018

“While no amount of money will make up for the damage and hurt [victims] have had to endure, we do think that proper compensation will enable them to overcome some of the difficulties associated with the abuse.”

Last year’s findings of the Royal Commission into Institutional Responses to Child Sex Abuse confirmed tens of thousands of Australian children have been molested in church and state-run institutions since the 1960s. This abuse has been recognised as a national tragedy.

But while Australia grapples with its dark history when it comes to protecting its children, there is a light visible for victims.

As of 1 July 2018, a National Redress Scheme has opened to provide a $3 billion compensation pool for abuse survivors—with the ACT contributing $14.2 million.

Personal injury law firm Maliganis Edwards Johnson (MEJ) is keen to ensure that Canberra victims are aware of all of their rights to compensation—including whether the National Redress Scheme is appropriate for their circumstances—and has established a dedicated service to the cause.

Partner Deb Rolfe, AM, said MEJ would guide any victims through the compensation process, ensuring they had the best advice, and were fully aware of their rights on a “no compensation, no fee basis.”

Each survivor could be offered up to $150,000 with the Government determining it will be a “non-litigious” scheme requiring lower standards of evidence than in court cases. The evidence will be mainly based around a paper application, required to prove the abuse and seeks to ensure survivors are not re-traumatised.

Whilst the Scheme has been designed to make it easy for survivors to navigate the claim process, many may be better compensated by pursuing the institution directly—hence Deb recommends that, before you contact the Scheme, you should speak with one of their specialist solicitors who will assess your case with a view to achieving the best outcome for you.

The Government has estimated that 93 per cent of survivors are expected to be covered under the Scheme.  However, once you have accepted money through the Scheme, you will be unable to pursue any further compensation from the institution itself, so it is vital that you obtain legal advice prior to accessing benefits through the Scheme.

“We want victims to understand that there is help out there, and while no amount of money will make up for the damage and hurt they have had to endure, we do think that proper compensation will enable them to overcome some of the difficulties associated with the abuse, including obtaining the ongoing counselling or psychological support required,” said Deb.

About 4,000 institutions were reported to the Royal Commission, which heard from 1,200 witnesses over 400 days of testimony. More than 2,500 people have already been referred to police.

The inquiry took more than four years with many of the survivors saying that speaking up was a very difficult event.

According to the Royal Commission’s report, “For those we heard from, it took an average of almost 24 years to tell someone they had been sexually abused as a child. In some cases parents, partners and close friends supported survivors when they were told about the abuse.

“However, many survivors told us that at the time of the abuse adults responded poorly. When survivors told an institution’s staff or management about the abuse, the reaction was almost always negative.”

Deb said that survivors needed support and compassion in moving forward—no matter how long ago the abuse took place.

Many survivors are entering older age and may be intimidated at the thought of negotiating a compensation agreement with the Government.

Deb said MEJ would speak to anyone with questions or concerns at an initial free consultation.

“We pride ourselves on being a very approachable firm. You don’t need to get dressed up, we take people as they come, we understand they are vulnerable, and often emotional, and we know how to make a good cup of tea, to listen and to advise.”

She said support people and family members were also welcome to speak to the office.

A number of MEJ staff had undertaken Lifeline counselling training and were sensitive to the mental health impact of sexual abuse on victims.

“In most cases it can have a lifelong impact and can lead to reduced life chances—everything from educational attainment to an increased likelihood to turn to alcohol or drugs to deal with the aftermath of the abuse,” said Deb

“I would like to think that we could help people to access proper compensation, whether through the National Redress Scheme or through common law solutions in order to provide them with a better quality of life moving forward.”

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