Nsw Child Abuse Compensation Claims Statute of Limitations Should Be Lifted, Survivors Better Supported, Greens Mp Says

ABC News
January 28, 2016

http://www.abc.net.au/news/2016-01-28/push-to-lift-statute-of-limitations-on-nsw-child-abuse-claims/7120522

PHOTO: Parramatta Girls Home was the subject of a round of child abuse royal commission hearings in 2014. (Jason Burcher)

The call came as the NSW Government reached legal settlements with women who were abused as girls at the Parramatta Girls Training School.

The ABC understands that the State Government has reached a legal settlement with about 15 women who sued the state after suffering abuse at the Parramatta institution, which housed teenage girls between 1950 and 1974.

The home, also known as the Parramatta Girls Home, was the subject of a hearing of the Royal Commission into Institutional Responses to Child Sexual Abuse in 2014.

At that time, it was revealed that a number of women had tried to pursue civil claims against the state for abuse including bashings and rapes suffered at the notoriously brutal Parramatta Girls Home.

The women had been statute-barred from pursuing claims because of they were out of time.

Limitation periods that bar the pursuit of a personal injury claim vary around the country, but in NSW the limitation period is between three and 12 years depending on circumstance.

A year ago, the NSW Government put out a discussion paper raising options for reform to limitation periods in civil claims for child sexual abuse.

Submissions were called for in March, but the Government has not yet proposed any legislative change following the discussion paper.

This is despite the royal commission in its final report on redress and civil litigation — published in September last year — calling for immediate changes.

In that report, the royal commission said:

"We are satisfied that the limitation period for commencing civil litigation for personal injury related to child sexual abuse should be removed and that the removal should be retrospective in operation.

"We consider that state and territory governments should implement our recommendations to remove limitation periods as soon as possible."

The Victorian Government has already moved to abolish limitation periods for victims of child sexual abuse.

NSW Attorney-General Gabrielle Upton said the Government was "strongly committed" to reform and would introduce legislation on statute of limitations this year.

"The NSW Government is closely considering the recommendations of the royal commission in relation to the removal of limitation periods in civil claims for child sexual abuse," she said.

"We are also considering the feedback received earlier this year to the NSW Government's discussion paper on this issue."

A spokesperson for the NSW Department of Families and Community Services said the Government was "actively settling civil claims with former residents of Parramatta Girls who suffered abuse" following "many accounts of dreadful hardship and suffering" revealed at the royal commission hearings.

Repeal of statute of limitations should be prioritised: Greens

NSW Greens MP David Shoebridge said the Government should move immediately to follow Victoria's lead and abolish limitation periods for child sex abuse victims.

"We need the State Government to act immediately and implement the clear recommendation from the royal commission," Mr Shoebridge said.

"They need to legislate tomorrow to remove the statute of limitations for all historical sexual abuse claims, whether it's against the State Government or against an NGO or any private individual."

Dianne Wilson was 14 years old when she was taken to the Parramatta Girls Home.

PHOTO: Dianne Wilson, who was abused at Parramatta Girls School, is being asked to repay compensation money. (ABC News)

She had run away from her family home after suffering years of sexual abuse by her grandfather, and was living on the streets.

During her nine months at Parramatta in 1966, Ms Wilson was viciously raped by a deputy superintendent at the Parramatta Girls Home, Gordon Gilford.

Ms Wilson recently received compensation from the NSW Government as part of a confidential settlement.

She said the resolution of her civil case was a great relief.

"I was given an apology and I never thought I'd live to see that happen," she said.

Repayment demand 'a slap in the face'

Mr Gilford, who is now dead, was named during the final report of the royal commission on the Parramatta Home as one of "the scariest and cruellest officers".

"He was one of the people who was supposed to look after us," Ms Wilson told the ABC this week.

"I had witnessed him bash other girls. He made no bones about doing it openly in front of everyone, staff members, everyone."

Ms Wilson was raped after an incident in which some rings of a shower curtain were broken.

"He threw me on the bed and raped me," Ms Wilson said.

"When he'd finished, he told me to clean myself up and don't tell anyone, and he could get me anytime he wanted to get me."

But another battle looms for Ms Wilson, who in 2014 received a $10,000 through the Victims Support Scheme.

The Government is now demanding that Ms Wilson repay that money. She is one of three women in a similar position.

"I think it's really petty and I think it's really another slap in the face," Ms Wilson said.

Ms Wilson's lawyer, Peter Kelso, is gearing up to challenge the Government's demand for repayment to several women who have reached legal settlements with the state.

Mr Kelso previously acted for abuse victims from the Bethcar Children's Home at Brewarrina in far western NSW.

Some of those victims were awarded up to $50,000 in victims' compensation and did not have to repay that money after reaching legal settlements with the State Government.

Government defends demand for compensation repayment

However, the Government said it was clear in legislation that victims' compensation may have to be repaid if subsequent legal settlements were reached.

The Commissioner of Victims Rights, Mahashini Krishna, said: "The Victims Support Scheme is designed to help those victims who have no other way of seeking financial assistance.

"The scheme is not intended for victims who obtain substantial compensation from individuals or organisations responsible for their suffering.

"These victims are obliged to repay overlapping amounts they've received from the scheme.

"All money repaid goes towards helping victims who need urgent support and cannot seek compensation through the courts.

"Victims are notified of the requirements regarding overlapping payments when they make their application to the scheme."

Ms Upton said the NSW Government supported the royal commission's call for a single, national redress scheme "to ensure a consistent response for survivors".