Call to re-open court to all abuse victims, by Michael Mckenna, Austrlian (August 08, 2016)

Child protection advocates are calling on Australian states to widen reforms of litigation laws so abuse victims forced into compensation settlements can launch new legal action.

Queensland, Western Australia and the ACT are about to join Victoria and NSW in abolishing the statute of limitations that effectively blocks victims from having their cases heard in court.

In Queensland, victims have had until their 21st birthday to sue institutions over their abuse.

The Royal Commission into Institutional Responses to Child Sexual Abuse last year recommended states reform laws to allow people to sue regardless of when alleged abuse happened.

However, so far legislative changes have excluded victims who have already taken action and been forced into settlements after the time limit defence was used against them. Some victims received as little as $10,000, a fraction of what churches, schools and governments now face in court-ordered damages.

Lawyer groups, victims and child protection advocates are calling on states to widen the reforms to allow victims to overturn previous settlements in court.

Queensland independent MP Rob Pyne will introduce rival legislation next week to force this issue, with the state opposition also supporting the rights of victims to sue even if they have already received a payout.

Bravehearts founder Hetty Johnston said state governments must ensure the reforms of litigation laws applied to all victims.

“Justice and equity has to apply equally for everyone; they are all victims, you can’t treat one differently from the other,’’ she said. “The time limit defence has been used by institutions to bully and force victims in the past to accept meagre settlements from the church, and secret ones at that.’’

Queensland Opposition Leader Tim Nicholls, who has called on the government to lift the statute of limitations, said all victims should have “their day in court’’.

“A deed of settlement should not bar a claim from going to a court,” he said. “A judge will then determine the merit on whether a claim should proceed regardless of whether here has been a previous settlement.’’

Mr Pyne said he had drafted a private member’s bill — which includes provisions for victims who have already struck a settlement — to rival the legislation being introduced next week by the minority Palaszczuk government. The government needs the support of several crossbenchers to pass legislation, and may have to adopt Mr Pyne’s provisions.

In a statement, Queensland Attorney-General Yvette D’Ath said the government was not ready to extend the proposed legislation to those who had already entered into settlements.

“Any legislative attempt to remove past deeds entered into private institutions has the potential to have far-reaching and unintended consequences,’’ she said.

The issue is expected to be aired in a discussion paper, accompanying the new legislation.