Change is needed to reduce the delays and the re-traumatisation which survivors of institutional abuse often experience when accessing justice in Western Australia, says the Australian Lawyers Alliance.
“There are currently significant difficulties encountered by claimants and their legal representatives when attempting to access justice for historical abuse,” said Mr Graham Droppert SC, past ³Ô¹ÏÍøÕ¾ President, Australian Lawyers Alliance (ALA). “The process abuse survivors must go through to obtain compensation is too difficult for many people.”
On behalf of the ALA, Graham Droppert SC, Eleanor Scarff and Sara Connor-Stead gave evidence this week at the parliamentary hearing into the options available to survivors of institutional child sexual abuse in Western Australia who are seeking justice.
“There are changes that can be made to simplify the process,” said Mr Droppert SC. “Many people have waited several decades before coming forward and once they tell their story and their claim is commenced, the process should not result in unnecessary delay and uncertain timeframes.”
Recommendations made by the ALA include issuing guidelines or practice directions about expectations the courts have of parties in institutional child sexual abuse proceedings.
“Formal practice directions will help remove unnecessarily adversarial responses to claims,” said Mr Droppert SC. “These guidelines should be binding, and this would reduce the current delays facing survivors, assist with reducing re-traumatisation and ensure that there can be meaningful settlement negotiations which will potentially result in more cases resolved at any earlier stage.
“We would also like to see additional resources applied to assist with the expedition of the court process up to trial and the current backlog of matters in the court system.”
The ALA also raised concerns that the current definition of sexual abuse in Western Australia remains one of the narrowest definitions in the country.
“This must be reviewed to come in line with other states in Australia and include the physical and psychological abuse that may occur with occurrences of sexual abuse,” said Mr Droppert SC.
