Institutional abuse of children: Legal remedies and redress in Australia

Institutional abuse of children: Legal remedies and redress in Australia examines the recently amended ‘common law’ framework. These reforms include removal of limitation periods, reversal of the onus of proof, extending vicarious liability to persons akin to employees, requiring institutions to identify a proper defendant when necessary, and permitting some earlier settlements and judgements to be revisited. The unique fixed term National Redress Scheme for historic child sexual abuse in institutional settings is also examined, in the context of the underlying policy to offer an alternate redress pathway which aims to be more flexible, less formal, faster, cheaper, and involving less trauma and conflict for survivors. As the first detailed analysis of the new legal framework relating to compensation and redress for child sexual abuse in Australia, this book makes an original contribution to knowledge and understanding of the law in this complex area, which continues to develop at a rapid pace as additional legislation is enacted across Australia and as the courts begin to construe these new legislative provisions.

Features

Analyses the new legal framework governing claims for compensation and redress arising out of sexual abuse of children in institutional settings in Australia

Examines the relationship between the National Redress Scheme and civil claims

Provides a practical understanding of how to work through the intersecting laws and redress systems to best advise clients

Related Titles

Young, Kenny & Monahan (editors), Children and the law in Australia, 2016