A legal tactic known as a 'permanent stay' can be used to fight compensation claims from sexual abuse victim-survivors. A bill introduced today in NSW Parliament is aiming to address this.
A private members bill introduced to NSW parliament would, if passed, limit an institution's ability to use a " permanent stay ".
Matt Barker is trying to move on, after years spent fighting for compensation for something that happened to him more than 40 years ago. A private members bill being introduced to NSW Parliament this week, if passed, would limit an institution's ability to have cases like Mr Barker's stalled indefinitely.
"Too often we have seen institutions using a cunning legal procedure — permanent stays — to avoid justice and avoid their day in court," he said.Mr Buckingham said the Royal Commission into Institutional Responses to Child Sexual Abuse found it took on average 30 years for victim survivors to come forward with their allegations.
If the legislation passes, NSW would be the first state to enshrine a key High Court precedent into law.John Ellis, a lawyer specialising in sexual abuses cases, and a survivor himself, said legislation was important to ensure the High Court precedent was followed. The bill would have retrospective powers, meaning survivors who had settled with an institution under threat of a permanent stay, would be able to re-open their case.Following the High Court decision in November, government Upper House MP Mark Buttigieg told parliament Attorney-General Michael Daley had asked for a briefing on the decision and would "consider mechanisms and changing statute law."The church knew Josh's abuser was a danger to kids.
Private Members Bill Matt Barker Four Corners Sexual Abuse Child Abuse Victim-Survivor Scouts NSW NSW Parliament Jeremy Buckingham John Ellis High Court Mark Buttigieg Nsw
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