Chapter 1 - Introduction and background
[1] The Hon. Malcolm Turnbull, MP, Prime Minister of Australia, House
of Representatives Hansard, 8 February 2018, p. 1.
[2] Department of Social Services, Submission
27, [p. 1].
[3] The Redress Scheme payment is proposed to be capped at $150 000, lower
than the Royal Commission recommendation of $200 000. However, while the
average payment recommended by the Royal Commission was $65 000, the proposed
average under the Redress Scheme is significantly higher at $76 000 per
survivor.
[4] Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017, Explanatory
Memorandum (Explanatory Memorandum), p. 1.
[5] The Hon Christian Porter MP, Minister for Social Services, House
of Representatives Hansard, 26 October 2017, p. 12128.
[6] Commonwealth
Redress Scheme for Institutional Child Sexual Abuse Bill 2017 (Redress
Bill), Division 2, Clause 13.
[7] Royal Commission into Institutional Responses to Child Sexual Abuse, Website
homepage, https://www.childabuseroyalcommission.gov.au/ (accessed 5 March 2018).
[8] Royal Commission into Institutional Responses to Child Sexual Abuse, Redress
and Civil Litigation Report, September 2015.
[9] Royal Commission into Institutional Responses to Child Sexual Abuse, Final Report,
December 2017.
[10] The Hon. Christian Porter MP, Attorney-General, House of
Representatives Hansard,
8 February 2018, p. 788.
[11] Ms Barbara Bennett, Deputy Secretary, Department of Social Services, Committee
Hansard, 16 February 2018, p. 66.
[12] A referral of powers from the states to the Commonwealth under section 51
(xxxvii) of the Australian Constitution would be required for the Australian
Government to administer a national redress scheme.
[13] Department of Social Services, Submission 27, p. [1].
[14] The Hon. Malcolm Turnbull, MP, Prime Minister of Australia, House of Representatives
Hansard, 8 February 2018, pp. 1–2.
[15] Ms Barbara Bennett, Department of Social Services, Committee Hansard, 16 February 2018, p. 66.
[16] Ms Barbara Bennett, Department of Social Services, Committee Hansard, 16 February 2018, p. 66.
[17] David Crowe, 'NSW,
Victoria sign up to child abuse redress scheme, with bill to reach hundreds of
millions of dollars', Sydney Morning
Herald, 8 March 2018.
[18] Explanatory Memorandum, p. 1.
[19] Explanatory Memorandum, p. 4.
[20] Explanatory Memorandum, pp. 1–7 and Parliamentary Joint Committee on Human
Rights, Report
2 of 2018, pp. 81–82.
[21] Commonwealth
Redress Scheme for Institutional Child Sexual Abuse (Consequential Amendments)
Bill 2017 (Consequential Bill), Schedule 1.
[22] Consequential Bill, Schedule 2.
[23] Consequential Bill, Schedule 3.
[24] The Hon Christian Porter MP, Minister for Social Services, House of
Representatives Hansard, 26 October 2017, p. 12136.
[25] Senator the Hon. George Brandis, QC, Attorney-General, 'Redress
for survivors of institutional child sexual abuse: members of Independent
Advisory Council announced', Media release, 16 December 2016. The
Independent Advisory Council on redress includes representatives from Alliance
for Forgotten Australians, Ballarat Centre for Sexual Assault, Blue Knot
Foundation, Care Leavers Australasia Network, Healing Foundation, knowmore
legal service, Truth Justice and Healing Council and Uniting Care Queensland.
[26] Department of Social Services, Answers
to questions taken on notice, 16 February 2018, p. 21 (received
2 March 2018).
[27] 'Redress for survivors of institutional child sexual abuse: members of
Independent Advisory Council announced', Media release, 16 December
2016, p. 2.
[28] Survivor
groups were consulted on the text of the Bill via the Independent Advisory
Council on Redress. See Department of Social Services, Answers to questions
taken on notice, 16 February 2018, p. 5 (received 2 March
2018).
[29] Text of the
Bill was sent to the Independent Advisory Council on Redress on 25 October
2017. All state and territory governments were provided with copies of the
draft Bill on 19 July 2017, 22 September 2017 and 7 February 2018. Key
non-government organisations were provided with copies of the draft Bill on 22
September 2017. See Department of Social Services, Answers to questions
taken on notice, 16 February 2018, p. 6 (received 2 March 2018).
[30] Department of Social Services, Submission 27, [p. 2].
[31] Department of Social Services, Submission 27, [p. 2].
[32] Explanatory Memorandum, p. 2.
[33] Dr Roslyn Baxter, Group Manager, Families and Communities Reform,
Department of Social Services, Committee Hansard, 16 February 2018, p.
70.
[34] Department of Social Services, Answers to questions taken on notice,16
February 2018, p. 4 (received 2 March 2018).
[35] Parliamentary Joint Committee on Human Rights, Report 13 of 2017, 6 December 2017,
pp. 2–16.
[36] Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 15
of 2017, 15 November 2017, pp. 8–36.
[37] Selection of Bills Committee, Report
No. 14 of 2017, pp. 3, 5–6.
[38] Senate Community Affairs Legislation Committee, Progress
report: Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill
2017 and Commonwealth Redress Scheme for Institutional Child Sexual Abuse
(Consequential Amendments) Bill 2017, 13 March 2018.
Chapter 2 - Administration and operation
[1] Australian Childhood Foundation, Submission
3, p. 2.
[2] Ms Carol Ronken, Director of Research, Bravehearts Foundation, Committee
Hansard, 16 February 2018, p. 14.
[3] Submitters who made this recommendation include: Anglicare Australia, Submission
48, p. 6; Mr Trevor Adams, Submission 8, [p. 1]; Australian
Childhood Foundation, Submission 3,
[p. 2]; Bravehearts Foundation, Submission 26, [p. 2]; National Social
Security Rights Network, Submission 38, [p. 3]; Sexual Assault Support
Service Inc., Submission 4, p. 4.
[4] David Crowe, 'Political
row over redress scheme for child sexual abuse', Sydney Morning Herald,
12 March 2018.
[5] Miss Miranda Clarke, Royal Commission Liaison and Sexual Assault
Counsellor, Centre Against Sexual Violence Inc., Committee Hansard, 16
February 2018, p. 11. This concern was also raised by Bravehearts Foundation, Committee
Hansard, 16 February 2018, p. 22, Care Leavers Australasia Network (CLAN), Submission 60,
p. 13, Setting the Record Straight for the Rights of the Child Initiative, Submission
54, p. 2 and Victorian Aboriginal Child Care Agency Co-Op. Ltd (VACCA), Submission
36, p. 7.
[6] Australian Childhood Foundation, Submission 3, p. 2.
[7] Mr Matt Jones, Submission 6, pp. 1–2.
[8] Ms Barbara Bennett, Deputy Secretary, Department of Social Services, Committee
Hansard, 16 February 2018, p. 70.
[9] Ms Anne Hywood, General Secretary, Anglican Church of Australia, Committee
Hansard, 16 February 2018, pp. 61–62.
[10] Anglican Church of Australia, the Salvation Army and Uniting Church in
Australia, Submission 30, p. 1.
[11] Scouts Australia, Submission 35, p. 5.
[12] Scouts Australia, Submission 35, p. 5, see also Committee
Hansard, 16 February 2018,
pp. 53–65.
[13] The Hon. Christian Porter, MP, Attorney-General, House
of Representatives Hansard, 8 February 2018, p. 60.
[14] Tuart Place, Submission 19, pp. 1, 5.
[15] Mr Frank Golding OAM, Submission 42, pp. 5–6. The recommendation to
remove non‑participating institutions tax deductible charity status or
otherwise mandate institutional participation was also made by Australian
Lawyers Alliance, Berry Street, Mr David O'Brien, In Good Faith Foundation, and
Maurice Blackburn Lawyers, among others.
[16] Scouts Australia, Submission 35, p. 2.
[17] Young Men's Christian Associations of Australia, Submission 37, p.
2.
[18] Anglican Church, Salvation Army and Uniting Church, Submission 30,
p. 1.
[19] Truth Justice and Healing Council, Submission 79, p. 5.
[20] Truth Justice and Healing Council, Submission 79, p. 5.
[21] Anglican Church, Salvation Army and Uniting Church, Submission 30,
p. 2.
[22] Truth Justice and Healing Council, Submission 79, p. 6.
[23] The Hon. Christian Porter, MP, Minister for Social Services, in Parliamentary
Joint Committee on Human Rights, Report
2 of 2018, p. 95.
[24] Department of Social Services, Submission 27, p. 6.
[25] Senate Standing Committee for the Scrutiny of Bills, Scrutiny
Digest 15 of 2017, p. 14.
[26] Department of Social Services, Submission 27, p. 6.
[27] Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017, Explanatory
Memorandum (Explanatory Memorandum), p. 6.
[28] Explanatory Memorandum, pp. 34–35. Subclause 32(2)(c) and 32(2)(d) of the Commonwealth
Redress Scheme for Institutional Child Sexual Abuse Bill 2017 (Redress
Bill) provide for the Operator to determine an institution's share of the cost
of a redress payment and the proportion of the institution's share of providing
access to counselling and psychological services to a person, respectively.
[29] Explanatory Memorandum, p. 33.
[30] Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 13
of 2017, pp. 11–12.
[31] Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 15
of 2017, p. 20.
[32] Waller Legal, Submission 52, p. 22.
[33] Explanatory Memorandum, p. 38.
[34] Mr Warren Strange, Executive Officer, knowmore legal service, Committee
Hansard,
16 February 2018, p. 46.
[35] Professor Kathleen Daly, personal capacity, Committee Hansard, 16
February 2018, p. 46.
[36] South Australian Commissioner for Victims Rights, Submission 72, p.
2.
[37] Dr Roslyn Baxter, Group Manager, Families and Communities Reform, Department
of Social Services, Committee Hansard, 6 March 2018, p. 72.
[38] Dr Roslyn Baxter, Department of Social Services, Committee Hansard, 6
March 2018, p. 70.
[39] Department of Social Services, Submission 27, [p. ii].
[40] Dr Cathy Kezelman AM, President, Blue Knot Foundation, Committee
Hansard, 16 February 2018, pp. 7, 10; Ms Carol Ronken,
Bravehearts Foundation, Committee Hansard, 16 February 2018, p. 23; Mr
Neville Tompkins, National Coordinator (Redress), Scouts Australia, Committee
Hansard, 16 February 2018, pp. 53, 59; among others.
[41] Ms Carol Ronken, Bravehearts Foundation, Committee Hansard,
16 February 2018, p. 21.
[42] Parliamentary Joint Committee on Human Rights, Report 2 of 2018,
pp. 79–80.
[43] Parliamentary Joint Committee on Human Rights, Report 2 of 2018,
pp. 73–93.
[44] Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 15
of 2017.
[45] Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 15
of 2017, p. 10.
[46] Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 15
of 2017, p. 16.
[47] Law Council of Australia, Submission 82, p. 8.
[48] Law Council of Australia, Submission 82, pp.
8–9.
[49] Professor Kathleen Daly, Committee Hansard,
16 February 2018, p. 45.
[50] Truth Justice and Healing Council, Submission 79, p. 4.
[51] Mr Francis Sullivan, ABC News at Noon, 12 March 2018.
[52] Mr Neville Tomkins, Scouts Australia, Committee Hansard,
16 February 2018, p. 60.
[53] Mr Garth Blake AM SC, Chair, Royal Commission Working Group, Anglican
Church of Australia, Committee Hansard, 16 February 2018, pp. 60, 62.
[54] Mr Luke Geary, Solicitor, The Salvation Army Australia, Committee Hansard, 16 February 2018, p. 60.
[55] Ms Katrina Gillies, Member, National Redress Task Group, Uniting Church in
Australia, Committee Hansard, 16 February 2018, p. 60.
[56] Department of Social Services, Submission 27, [p. 2].
[57] Department of Social Services, Submission 27, [p. 2].
[58] Mrs Laurel Sellers, CEO, Yorgum Aboriginal Corporation, Committee
Hansard, 16 February 2018, p. 1; Mr Boris Kaspiev, Executive Officer,
Alliance for Forgotten Australians, Committee Hansard, 16 February 2018,
p. 14; Mr Duncan Storrar, Board Member, Victorian Kids In Care Advocacy Service, Committee Hansard, 16 February 2018, p. 50; Mr Mark King, Committee
Hansard, 16 February 2018, p. 51; among others.
[59] Mr Boris Kaspiev, Alliance for Forgotten Australians, Committee Hansard,
16 February 2018, p. 14.
[60] Redress Bill, paragraph 15(2)(b).
[61] Explanatory Memorandum, p. 12.
[62] Australian Lawyers Alliance, Submission 47, p. 4; Australian Human
Rights Commission, Submission 32, p. 3; Ms Leonie Sheedy, Chief
Executive Officer, CLAN, Committee Hansard, 6 March 2018, p. 21.
[63] Truth Justice and Healing Council, Submission 79, p. 13.
[64] Mr Francis Sullivan, Chief Executive Officer, Truth Justice and Healing
Council, Committee Hansard, 6 March 2018, p. 62.
[65] Mr Neville Tomkins, Scouts Australia, Committee Hansard,
16 February 2018, pp. 56–57.
[66] Department of Social Services, Submission 27, [p. ii].
[67] Department of Social Services, Submission 27, p. 9.
[68] Dr Roslyn Baxter, Department of Social Services, Committee Hansard, 6
March 2018, p. 76.
[69] Redress Bill, subclause 16(1).
[70] Redress Bill, subclause 16(2) and (3).
[71] It is estimated that around 7000 children arrived in Australia through child
migration schemes before 1970; Department of Social Services, Answers to
questions on notice, 16 February 2018, p. 20 (received 2 March
2018).
[72] Explanatory Memorandum, p. 13.
[73] Law Council of Australia, Submission 82, p. 27; knowmore
legal service, Submission 31, p. 4; Maurice Blackburn Lawyers, Submission
28, p. 2; among others.
[74] Department of Social Services, Submission 27, p. 4.
[75] Redress Bill, clause 9.
[76] Shine Lawyers, Submission 25, [p. 4].
[77] Young Men's Christian Associations of Australia, Submission 37, p.
2.
[78] Royal Commission into Institutional Responses to Child Sexual Abuse, Final
Report (Royal Commission Report), Volume 2: Nature and Cause,
December 2017, p. 9.
[79] Redress Bill, subclause 16(1).
[80] Explanatory Memorandum, p. 5.
[81] CLAN, Submission 60, pp. 3–5; Alliance for Forgotten Australians, Submission
2, pp. 2–3; Tuart Place, Submission 19, p. 5; Mary Brownlee,
Independent Advocate for Forgotten Australians, Submission 45, p. 1;
Berry Street, Submission 58, p. 6; Historical Abuse Network, Submission
64, [p. 2]; Law Council of Australia, Submission 82, p. 7; Open
Place, Submission 61, pp. 3–4; among others.
[82] Senate Community Affairs References Committee, Forgotten Australians: A report on Australians who experienced institutional or out-of-home care as
children, August 2004, p. xx.
[83] Royal Commission into Institutional Responses to Child Sexual Abuse, Redress
and Civil Litigation Report (Royal Commission Redress Report), September
2015, p. 6.
[84] Royal Commission Redress Report, p. 100.
[85] Royal Commission Redress Report, p. 103.
[86] Ms Caroline Carroll, Chair, Alliance for Forgotten Australians, Committee
Hansard, 16 February 2018, p. 16.
[87] Mr Frank Golding OAM, Submission 42, p. 3.
[88] Dr Philippa White, Director, Tuart Place, Committee Hansard, 16
February 2018, p. 29.
[89] Mr Frank Golding OAM, Submission 42, p. 2; CLAN, Submission 60,
p. 3; among others.
[90] Mr Francis Sullivan, Truth Justice and Healing Council, Committee Hansard, 6 March 2018,
p. 63.
[91] Royal Commission Redress Report, p. 102.
[92] Explanatory Memorandum, p. 13; see also Department of Social Services, Submission
27, pp. 3–4.
[93] Royal Commission Redress Report, p. 347.
[94] Bravehearts Foundation, Submission 26, [p. 2]; Maurice Blackburn
Lawyers, Submission 28,
p. 4; Anglican Church of Australia, Salvation Army Australia, and Uniting
Church in Australia, Submission 30, p. 1; knowmore legal service, Submission
31, p. 24; Australian Human Rights Commission, Submission 32, p. 4;
Child Migrants Trust, Submission 33, p. 2; Australian Lawyers
Alliance, Submission 47, p. 7.
[95] Maurice Blackburn Lawyers, Submission 28, p. 4.
[96] Australian Human Rights Commission, Submission 32, p. 6.
[97] Parliamentary Joint Committee on Human Rights, Report 2 of 2018,
pp. 74–76.
[98] Parliamentary Joint Committee on Human Rights, Report 2 of 2018,
p. 78.
[99] knowmore legal service, Submission 31, p. 23; Australian Lawyers
Alliance, Submission 47, p. 8; Maurice Blackburn Lawyers, Submission
28, p. 4.
[100] knowmore legal service, Submission
31, p. 23.
[101] Maurice Blackburn Lawyers, Submission
28, p. 3; Angela Sdrinis Legal, Submission 46,
pp. 4–5; Australian Association of Social Workers, Submission 76, p. 4;
Law Society of NSW, Submission 90, [pp. 1–3]; among others.
[102] Royal Commission Report, Recommendations,
pp. 48–49.
[103] Australian Lawyers Alliance, Submission 47.1, pp. 7–8.
[104] Department of Home Affairs, Submission
83, p. 4.
[105] Department
of Social Services, Submission 27, p. 4.
[106] Department of Social
Services, Answers to questions on notice, 16 February 2018, p. 23 (received
2 March 2018).
[107] Department of Social
Services, Submission 27, p. 4.
[108] Tuart Place, Submission
19, p. 4; Professor Kathleen Daly, Committee Hansard, 16 February
2018, p. 43; Ms Jennifer Jacomb, Secretary, Victims of Abuse in the Australian
Defence Force Association Inc., Committee Hansard, 6 March 2018, p. 30.
[109] Katie Burgess, 'ACT
Attorney-General Gordon Ramsay says national redress scheme should not divide
survivors into "classes"', Canberra Times, 20 December 2017.
[110] Professor Kathleen Daly, Committee
Hansard, 16 February 2018, p. 43.
[111] knowmore legal service, Submission
31, p. 17.
[112] knowmore legal service, Submission
31, p. 19.
[113] Department of Social
Services, Submission 27, p. 4.
[114] Department of Social
Services, Submission 27, p. 4.
[115] Parliamentary Joint
Committee on Human Rights, Report 2 of 2018, p. 81.
[116] Dr Roslyn Baxter, Department
of Social Services, Committee Hansard, 6 March 2018,
pp. 73–74.
[117] Shine Lawyers, Submission
25, [p. 9].
[118] Royal Commission Report, Volume
3: Impacts, pp. 143–146.
[119] Ryan Carlisle Thomas, Submission 5, p. 3.
[120] Royal Commission Report, Volume
3: Impacts, pp. 143–146.
[121] Dr Cathy Kezelman AM, Blue
Knot Foundation, Committee Hansard, 16 February 2018, p. 7;
Bravehearts Foundation, Submission 26, [p. 3]; Relationships Australia, Submission
29, [p. 4]; knowmore legal service, Submission 31, p. 11; International
Association of Former Child Migrants and their Families, Submission 65, p.
2; Royal Australian and New Zealand College of Psychiatrists, Submission 62, [pp. 1–2]; among others.
[122] Royal Commission Report, Volume
1: Our inquiry, pp. 27, 50.
[123] South
Australian Commissioner for Victims Rights, Submission 72, pp. 1–3.
Relevant international laws cited were: Universal Declaration of Human Rights,
Article 8, Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power, Articles 8, 9, 12 and 13 and the Convention on the Rights of
the Child, Article 19.
[124] Mr Richard Weston, Chief
Executive Officer, The Healing Foundation, Committee Hansard,
16 February 2018, p. 34; Anglican Church of Australia, Salvation Army
Australia, and Uniting Church in Australia, Submission 30, p. 1;
knowmore legal service, Submission 31, pp. 10–18; National Social
Security Rights Network, Submission 38, [p. 3]; Mr Frank Golding
OAM, Submission 42, p. 8; Mr Peter Fox, Submission 43, p. 1;
CLAN, Submission 60, p. 5; among others.
[125] Ryan Carlisle Thomas, Submission 5, p. 3.
[126] Mr Mark Glasson, Director,
Services, Anglicare WA, Committee Hansard, 16 February 2018,
p. 27.
[127] 'John', individual appearing
with Ryan Carlisle Thomas, Committee Hansard, 6 March 2018,
p. 45.
[128] Law Council of Australia, Submission
82, p. 31; Ms Lisa Hillan, Director, Programs, Policy & Knowledge
Creation, the Healing Foundation , Committee Hansard, 16 February 2018,
p. 35; Dr Hannah McGlade, Senior Indigenous Research Fellow, Curtin University, Committee Hansard, 16 February 2018, p. 36; Dr Gary Foster, Manager,
Living Well, Anglicare Southern Queensland, Committee Hansard, 16
February 2018, p. 6; Mr Alistair McKeich, Senior Project and Policy Officer,
Victorian Aboriginal Legal Service, Committee Hansard, 6 March 2018,
p. 3; among others.
[129] Mr Richard Weston, The
Healing Foundation, Committee Hansard, 16 February 2018,
p. 34.
[130] Relationships Australia, Submission
29, [p. 4].
[131] Ms Carol Ronken, Bravehearts
Foundation, Committee Hansard, 16 February 2018, pp. 15–16; Dr
Philippa White, Tuart Place, Committee Hansard, 16 February 2018, p. 28;
Mr Mark Glasson, Anglicare WA, Committee Hansard, 16 February
2018, p. 31.
[132] Miss Miranda Clarke, Centre
Against Sexual Violence Inc., Committee Hansard, 16 February 2018,
p. 6.
[133] Relationships Australia, Submission
29, [p. 5]; Dr Philippa White, Tuart Place, Committee Hansard, 16
February 2018, p. 32; Dr Gary Foster, Anglicare Southern Queensland, Committee
Hansard, 16 February 2018, p. 6.
[134] Relationships Australia, Submission
29, [p. 5]; Dr Gary Foster, Anglicare Southern Queensland, Committee Hansard, 16 February 2018, p. 6.
[135] Ms Carol Ronken, Bravehearts
Foundation, Committee Hansard, 16 February 2018, p. 16.
[136] Amy McNeilage, 'Coalition to
rethink plan to bar criminals from child sex abuse redress scheme,' The
Guardian, 19 February 2018, https://www.theguardian.com/australia-news/2018/feb/19/coalition-to-rethink-plan-to-bar-criminals-from-child-sex-abuse-redress-scheme (accessed 20 March 2018).
[137] Redress Bill, clause 30.
[138] Explanatory Memorandum, p.
5.
[139] Explanatory Memorandum, p.
21.
[140] Department of Social
Services, Submission 27, p. 2.
[141] Miss Miranda Clarke, Centre
Against Sexual Violence Inc., Committee Hansard, 16 February 2018,
p. 11; Ms Carol Ronken, Bravehearts Foundation, Committee Hansard,
16 February 2018, p. 25; VACCA, Submission 36, p. 7; Waller Legal, Submission
52, p. 10; CLAN, Submission 60, p. 13.
[142] Dr Cathy Kezelman AM, Blue
Knot Foundation, Committee Hansard, 16 February 2018, p. 11.
[143] Australian Lawyers Alliance, Submission 47, p. 14.
[144] Shine Lawyers, Submission
25, [p. 7].
[145] Bravehearts Foundation, Submission
26, [p. 3]; Miss Miranda Clarke, Centre Against Sexual Violence Inc., Committee
Hansard, 16 February 2018, p. 12; Mr Warren Strange, knowmore legal
service, Committee Hansard, 16 February 2018, p. 47; among others.
[146] Relationships Australia, Submission
29, [p. 5].
[147] See for example: PeakCare
Queensland Inc., Submission 51, p. 6; Setting the Record Straight for
the Rights of the Child Initiative, Submission 54, pp. 1–4; VACCA, Submission
36, p. 7; Victorian Aboriginal Legal Service, Submission 14, p. 5.
[148] Setting the Record Straight
for the Rights of the Child Initiative, Submission 54, p. 2.
[149] David Brabender, Submission
11, p. 1.
[150] Anglicare WA, Submission
10, p. 6.
[151] VACCA, Submission 36,
p. 10.
[152] Department of Social
Services, Submission 27, p. 3.
[153] Mr Matt Jones, Submission
6, pp. 3–4; knowmore legal service, Submission 31, p. 27; Survivors
& Mates Support Network (SAMSN), Submission 66, p. 4; among others.
[154] Anglicare WA, Submission
10, p. 6.
[155] Mr Boris Kaspiev, Alliance
for Forgotten Australians, Committee Hansard, 16 February 2018, p. 21;
Dr Cathy Kezelman AM, Blue Knot Foundation, Committee Hansard,
16 February 2018, p. 7; knowmore legal service, Submission 31, p. 27.
[156] Redress Bill, paragraph
69(1)(b).
[157] Redress Bill, subclause
71(1).
[158] Explanatory Memorandum, pp.
40–41.
[159] Explanatory Memorandum, pp.
40–41.
[160] CLAN, Submission 60,
pp. 14–15.
[161] Ms Leonie Sheedy, CLAN, Committee
Hansard, 6 March 2018, p. 22.
[162] Anglicare WA, Submission 10,
p. 6.
[163] Law
Council of Australia, Submission 82, pp. 16–17.
[164] Blue Knot Foundation, Submission
1, [p.4].
[165] Angela Sdrinis Legal, Submission
46, pp. 3, 10.
[166] Kimberley Community Legal
Services Inc., Submission 63, [p. 3].
[167] Law Council of Australia, Submission
82, p. 17.
[168] Law Council of Australia, Submission
82, p. 34.
[169] knowmore legal service, Submission
31, p. 40.
[170] knowmore legal service, Submission
31, p. 41.
[171] knowmore legal service, Submission
31, pp. 40–41.
[172] Department of Home Affairs, Submission
83, p. 4.
[173] Truth Justice and Healing
Council, Submission 79, p. 16.
[174] Truth Justice and Healing
Council, Submission 79, p. 17.
[175] Truth Justice and Healing
Council, Submission 79, pp. 17–18.
[176] Mr Luke Geary, The Salvation
Army Australia, Committee Hansard, 16 February 2018, p. 58.
[177] Law Council of Australia, Submission
82, p. 14; Australian Human Rights Commission, Submission 32, pp.
10–11; Blue Knot Foundation, Submission 1, p. 4.
[178] Blue Knot Foundation, Submission
1, [p. 4].
[179] Mr Morry
Bailes, President, Law Council of Australia, Committee Hansard, 6 March
2018,
p. 56.
[180] Redress Bill, subclause
78(3) and 79(3).
[181] Senate Standing Committee
for the Scrutiny of Bills, Scrutiny Digest 15 of 2017, pp. 21–22.
[182] Australian Human Rights
Commission, Submission 32, p. 11.
[183] Explanatory Memorandum, p.
73.
[184] Parliamentary Joint
Committee on Human Rights, Report 2 of 2018, pp. 91–93.
[185] Department of Social
Services, Answers to questions taken on notice, 6 March 2018, p.
6 (received 16 March 2018).
[186] Australian Lawyers Alliance, Submission 47, p. 17.
[187] Mr Matthew Bowden, Co-CEO,
and Ms Meredith Lea, Senior Policy Officer, People with Disability Australia, Committee
Hansard, 6 March 2018, p. 18.
[188] People with Disability
Australia, Submission 16, [pp. 4–5].
[189] People with Disability
Australia, Answers to questions taken on notice, 6 March 2018, p. 2
(received 14 March 2018).
[190] People with Disability
Australia, Submission 16, [p. 5].
[191] Mr Matthew Bowden, People
with Disability Australia, Committee Hansard, 6 March 2018,
p. 19.
[192] Department of Social
Services, Answers to questions taken on notice, 6 March 2018, p.
3 (received 16 March 2018).
[193] Dr Roslyn Baxter, Department
of Social Services, Committee Hansard, 6 March 2018,
pp. 74–75.
[194] Mr Matthew Bowden, People
with Disability Australia, Committee Hansard, 6 March 2018,
pp. 15–16.
[195] Ms Ellen Bucello, private
capacity, Committee Hansard, 6 March 2018, p. 37.
[196] Anglicare WA, Submission
10, p. 6; VACCA, Submission 36, pp. 7–9; Victorian Aboriginal Legal
Service, Submission 14, [p. 3].
[197] Miss Miranda Clarke, Centre
Against Sexual Violence Inc., Committee Hansard, 16 February 2018,
p. 5.
[198] Ms Leonie Sheedy, CLAN, Committee
Hansard, 6 March 2018, p. 24; see also Mr Ian Gibson, Submission 17,
[p. 1].
[199] Mr Morry
Bailes, Law Council of Australia, Committee Hansard, 6 March 2018,
p. 52.
[200] Mr Alistair McKeich,
Victorian Aboriginal Legal Services, Committee Hansard, 6 March 2018,
p. 40; Dr Vivian Waller, Principal Solicitor, Waller Legal Pty Ltd, Committee
Hansard,
6 March 2018, p. 48; Miss Michelle James, Principal, Maurice Blackburn
Lawyers, Committee Hansard, 6 March 2018, pp. 55–56; Mr Morry Bailes,
Law Council of Australia, Committee Hansard, 6 March 2018, p. 52.
[201] Miss Michelle James, Maurice
Blackburn Lawyers, Committee Hansard, 6 March 2018, p. 56.
[202] Law Council of Australia, Submission
82, pp. 16–18; VACCA, Submission 36, pp. 7–9; Maurice Blackburn
Lawyers, Submission 28, p. 8; Waller Legal, Submission 52, p. 19;
Centre Against Sexual Violence Inc., Submission 21, [p. 4]; Mr Paul
Holdway, Submission 53, [p. 1]; among others.
Chapter 3 - Redress elements, reviews and reporting
[1] Ms Carol Ronken, Director of Research, Bravehearts Foundation, Committee
Hansard,
16 February 2018, p. 14.
[2] Commonwealth
Redress Scheme for Institutional Child Sexual Abuse Bill 2017 (Redress
Bill), subclause 18(1).
[3] Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017, Explanatory
Memorandum (Explanatory Memorandum), p. 5.
[4] Ms Barbara Bennett, Deputy Secretary, Department of Social Services, Committee
Hansard,
16 February 2018, p. 67.
[5] David Crowe, 'Political row over redress scheme for child sexual abuse', Sydney Morning Herald, 12 March 2018, https://www.smh.com.au/politics/federal/political-row-over-redress-scheme-for-child-sexual-abuse-20180312-p4z3yr.html (accessed 20 March 2018).
[6] Anglicare WA, Submission 10, p. 4; Mrs Christine Foster, Submission
15, p. 5; Shine Lawyers, Submission 25, [p. 6]; Relationships
Australia, Submission 29, [p. 8]; knowmore legal service, Submission 31,
p. 25; Victorian Kids in Care Advocacy Service, Submission 41, p. 1; Mr Frank Golding
OAM, Submission 42, p. 6; Waller Legal, Submission 52, p. 19;
Centre for Excellence in Child and Family Welfare, Submission 56, [p. 2]; among others.
[7] Royal Commission into Institutional Responses to Child Sexual Abuse, Redress
and Civil Litigation Report (Royal Commission Redress Report),
September 2015, p. 66.
[8] Anglicare WA, Submission 10, p. 4; Mrs Christine Foster, Submission
15, p. 5; Shine Lawyers, Submission 25, [p. 6]; Relationships
Australia, Submission 29, [p. 8]; knowmore legal service, Submission 31,
p. 25; Victorian Kids in Care Advocacy Service, Submission 41, p. 1; Mr Frank Golding
OAM, Submission 42, p. 6; Waller Legal, Submission 52, p. 19;
Centre for Excellence in Child and Family Welfare, Submission 56, [p. 2]; Ms Joan Isaacs, Submission 13,
p. 2; among others.
[9] Dr Roslyn Baxter, Group Manager, Families and Communities Reform, Department
of Social Services, Committee Hansard, 16 February 2018, pp. 67–68.
[10] Department of Social Services, Submission 27, pp. 1–2.
[11] Department of Social Services, Answers
to questions taken on notice, 16 February 2018, p. 2
(received 2 March 2018).
[12] Dr Roslyn Baxter, Department of Social Services, Committee Hansard,
16 February 2018,
p. 68.
[13] Professor Kathleen Daly, personal capacity, Committee Hansard, 16
February 2018, p. 42.
[14] Dr Vivian Waller, Principal Solicitor, Waller Legal Pty Ltd, Committee Hansard, 6 March 2018, p. 51.
[15] Law Council of Australia, Submission 82, p. 155; Maurice Blackburn
Lawyers, Submission 28, p. 6; Waller Legal, Submission 52, p. 19;
Mr Francis Sullivan, CEO, Truth Justice and Healing Council, Committee Hansard, 6 March 2018, p. 65.
[16] Berry Street, Submission 58, p. 10.
[17] Ms Caroline Carroll, Chair, Alliance for Forgotten Australians, Committee
Hansard,
16 February 2018, p. 18; Mr Mark King, private capacity, Committee Hansard,
16 February 2018, p. 48.
[18] Dr Philippa White, Director, Tuart Place, Committee Hansard, 16
February 2018, p. 29.
[19] Ms Karly Warner, Executive Officer, National Aboriginal and Torres Strait
Islander Legal Service (NATSILS), Committee Hansard, 6 March 2018, p. 6;
Tuart Place, Submission 19, p. 1.
[20] Ms Karly Warner, NATSILS, Committee Hansard, 6 March 2018, p. 6.
[21] Miss Miranda Clarke, Royal Commission Liaison, Centre Against Sexual
Violence Inc., Committee Hansard, 16 February 2018, p. 5; Mr Simon
Gardiner, Berry Street, Committee Hansard, 6 March 2018, p.
14; Mr Mark King, Committee Hansard, 16 February 2018, p. 48; knowmore
legal service, Submission 31, p. 33; Professor Kathleen Daly, Submission
44.1, p. 3; PeakCare Queensland Inc, Submission 51, p. 5; among others.
[22] Mr Mark King, Submission 40, [p. 3]; Mr Frank Golding OAM, Submission
42, p. 7; Victorian Aboriginal Legal Service (VALS), Submission 14,
p. 2; Mr Robert House, Submission 75,
[p. 1].
[23] Care Leavers Australasia Network (CLAN), Submission 60, p. 12.
[24] Child Migrants Trust, Submission 33, p. 2; CLAN, Submission 60,
pp. 10–11; Mr Vince Mahon, Submission 23, [p. 1]; Mr Les
Johnson, Submission 18, [p. 1].
[25] Mr Mark King, Committee Hansard, 16 February 2018, p. 48; Mr Matt
Jones, Submission 6,
p. 3; Victims Of Abuse In The Australian Defence Force Association Inc. (VAADFA), Submission 22, p. 3; Relationships Australia, Submission 29, [p.
7]; Waller Legal, Submission 52, p. 8;
Mr David O'Brien, Submission 77, [pp. 1–2]; Restorative Justice
International, Submission 77, p. 3; among others.
[26] Department of Social Services, Submission 27, p. 12.
[27] Ms Barbara Bennett, Department of Social Services, Committee Hansard,
16 February 2018, pp. 76–77.
[28] Redress Bill, subclause 33(1).
[29] Explanatory Memorandum, pp. 23–25.
[30] Redress Bill, subclause 33(2).
[31] Department of Social Services, Submission 27, pp. 7–8.
[32] Law Council of Australia, Submission 32, p. 17.
[33] Maurice Blackburn Lawyers, Submission 28, p. 6; Kimberley Community
Legal Services Inc., Submission 63, [pp. 5–6]; Ms Penny Savidis,
Partner, and Head of Institutional Abuse Department, Ryan Carlisle Thomas, Committee
Hansard, 6 March 2018, p. 48. See also: Australian Lawyers Alliance, Submission
47, p. 5; Survivors & Mates Support Network (SAMSN), Submission 66,
p. 3.
[34] Connecting Home, Submission 34, p. 6; Mr Andrew Collins, Submission
57.1, p. 3; Victorian Aboriginal Child Care Agency (VACCA), Submission
36, pp. 7–8.
[35] Angela Sdrinis Legal, Submission 46, p. 7.
[36] Angela Sdrinis Legal, Submission 46, p. 7; In Good Faith Foundation, Submission 55, p. 4.
[37] VACCA, Submission 36, p. 8.
[38] Mr Simon Gardiner, Senior Consultant, Public Policy, Berry Street, Committee
Hansard, 6 March 2018, p. 14; Mr Francis Sullivan, Truth Justice
and Healing Council, Committee Hansard, 6 March 2018, p. 66.
[39] Dr Roslyn Baxter, Department of Social Services, Committee Hansard, 6
March 2018,
pp. 68–69.
[40] Professor Kathleen Daly, Committee Hansard, 16 February 2018, p.
45.
[41] Redress Bill, subclause 45(1).
[42] Redress Bill, clause 46.
[43] Commonwealth
Redress Scheme for Institutional Child Sexual Abuse (Consequential Amendments)
Bill 2017 (Consequential Bill), Schedule 1.
[44] Consequential Bill, Schedule 1.
[45] Consequential Bill, Schedule 2.
[46] Explanatory Memorandum, p. 64.
[47] Explanatory Memorandum, p. 65.
[48] Shine Lawyers, Submission 25, p. 10 (italics added).
[49] Shine Lawyers, Submission 25, p. 10.
[50] National Social Security Rights Network, Submission 38, p. 3.
[51] Mr Duncan Storrar, Director, Victorian Kids in Care Advocacy Service, Submission
41, p. 2; Note: Section 8 of the Health and Other Services
(Compensation) Act 1995 (Compensation Act) provides for the recovery of
past Medicare benefits from compensation made to a compensable person. Section
4 of the Compensation Act defines compensation payments the purposes of the
act.
[52] Department of Social Services, Answers to written questions on notice,
received 8 March 2018.
[53] Redress Bill, clause 48.
[54] Redress Bill, clause 49.
[55] Shine Lawyers, Submission 25, [p. 5]; knowmore legal service, Submission
31, p. 35; Waller Legal, Submission 52, p. 16; Law Council of
Australia, Submission 82, p. 22; among others.
[56] Miss Miranda Clarke, Centre Against Sexual Violence Inc., Committee
Hansard, 16 February 2018, p. 3.
[57] Ms Leonie Sheedy, Chief Executive Officer, CLAN, Committee Hansard,
6 March 2018, p. 24.
[58] Ms Barbara Bennett, Department of Social Services, Committee Hansard,
16 February 2018,
p. 76.
[59] Ms Leonie Sheedy, CLAN, Committee Hansard, 6 March 2018, p. 24.
[60] Ms Jennifer Jacomb, Secretary, Victims of Abuse in the Australian Defence
Force Inc., Committee Hansard, 6 March 2018, p. 31.
[61] Anglicare WA, Submission 10, pp. 5–6; Centre Against Sexual
Violence Inc., Submission 21, [p. 2]; Western Australian Council of
Social Service, Submission 24, [p. 3]; Maurice Blackburn Lawyers, Submission
28, p. 9; Relationships Australia, Submission 29, [p. 8]; VACCA, Submission
36, p. 5; Australian Psychological Society, Submission 59, [p. 1];
among others.
[62] The Hon Christian Porter MP, Minister for Social Services, House of
Representatives Hansard, 26 October 2017, p. 12128.
[63] Dr Roslyn Baxter, Department of Social Services, Committee Hansard,
16 February 2018,
p. 71.
[64] Mr Rohan Collins-Roe, Treasurer, VAADFA, Committee Hansard, 6 March
2018, p. 32.
[65] Explanatory Memorandum, p. 6.
[66] Redress Bill, clause 51.
[67] Explanatory Memorandum, p. 32.
[68] Redress Bill, clause 52.
[69] Relationships Australia, Submission 29, [p. 12]; Waller Legal, Submission
52, pp. 20–21; Young Men's Christian Associations of Australia (YMCA), Submission
37, pp. 9–10; among others.
[70] Blue Knot Foundation, Submission 1, [pp. 3–4].
[71] People with Disability Australia (PWDA), Submission 16, [pp. 5–6].
[72] Blue Knot Foundation, Submission 1, [pp. 3–4].
[73] YMCA, Submission 37, p. 9.
[74] Dr Roslyn Baxter, Department of Social Services, Committee Hansard, 6
March 2018,
p. 69.
[75] Connecting Home, Submission 34, p. 7; Professor Kathleen Daly, Submission
44, p. 5; Relationships Australia, Submission 29, [p. 12].
[76] Department of Social Services, Submission 27, p. 1.
[77] Law Council of Australia, Submission 82, p. 24.
[78] Mrs Laurel Sellers, CEO, Yorgum Aboriginal Corporation, Committee
Hansard, 16 February 2018, p. 2; Bravehearts Foundation, Submission 26,
[p. 3]; Relationships Australia, Submission 29, [p. 5]; Mr Andrew
Collins, Submission 57, [p. 2].
[79] VACCA, Submission 36, p. 6; Australian Association of Social
Workers, Submission 76, p. 7; Anglicare WA, Submission 10, p. 5;
Centre Against Sexual Violence Inc., Submission 21,
[p. 3]; Shine Lawyers, Submission 25, [p. 5]; Bravehearts Foundation, Submission
26, [p. 3]; Maurice Blackburn Lawyers, Submission 28, p. 9; Angela
Sdrinis Legal, Submission 46, p. 10; among others.
[80] Australian Association of Social Workers, Submission 76, p. 8; Bravehearts
Foundation, Submission 26, [p. 3]; among others.
[81] See for example: Anglicare WA, Submission 10, p. 5; Berry Street, Submission
58, p. 9;
Ms Mary Brownlee, Submission 45; Ms Ellen Bucello, private capacity, Committee
Hansard,
6 March 2018; Mr Andrew Collins, Submission 57.1; Law Council of
Australian, Submission 82, p. 22; Ms Carol Ronken, Bravehearts
Foundation, Committee Hansard, 16 February 2018, p. 20; Mr Duncan
Storrar, Committee Hansard, 16 February 2018, pp. 48–49 and Victorian
Kids in Care Advocacy Service, Submission 41.
[82] Mr Alistair McKeitch, Senior Project and Policy Officer, VALS, Committee
Hansard, 6 March 2018, p. 4.
[83] Ms Karly Warner, NATSILS, Committee Hansard, 6 March 2018, p.
7.
[84] VALS, Submission 14, p. 6.
[85] Ms Megan Van Den Berg, Executive Manager, Royal Commission into
Institutional Responses to Child Sexual Abuse Support Service, VACCA, Committee
Hansard, 6 March 2018, p. 2. This issue was also raised by the Law Council
of Australia and VALS.
[86] Ms Megan Van Den Berg, VACCA, Committee Hansard, 6 March 2018,
p. 2. This issue was also raised by VALS.
[87] PWDA, Submission 16, p. 2.
[88] Children and Young People with Disability Australia (CYDA), Submission
50, pp. 3–4.
[89] CYDA, Submission 50, pp. 3–4.
[90] PWDA, Submission 16, p. 3.
[91] PWDA, Submission 16, p. 5.
[92] Dr Roslyn Baxter, Department of Social Services, Committee Hansard,
16 February 2018,
p. 71.
[93] YMCA, Submission 37, p. 4.
[94] YMCA, Submission 37, pp. 4–5.
[95] YMCA, Submission 37, p. 5.
[96] VAADFA, Submission 22, p. 1.
[97] VAADFA, Submission 22, p. 4.
[98] Department of Social Services, Submission 27, p. 11.
[99] Department of Social Services, Submission 27, p. 11.
[100] Department of Social
Services, Submission 27, p. 12.
[101] See for example: Mr Alistair
McKeitch, VALS, Committee Hansard, 6 March 2018, p. 4; Angela
Sdrinis Legal, Submission 45, p. 4.
[102] Department of Social
Services, Submission 27, p. 12.
[103] Shine Lawyers, Submission
25, p. 7.
[104] Department of Social
Services, Submission 27, p. 12.
[105] Department of Social
Services, Submission 27, p. 12.
[106] Connecting Home Limited, Submission
37, p. 5. See also: Professor Kathleen Daly, Submission 44, p. 7; Mr
Mark Glasson, Anglicare WA, Committee Hansard, 16 February 2018, p. 31;
knowmore legal service, Submission 31, p. 42; VALS, Submission 14,
p. 3.
[107] CLAN, Submission 60,
p. 9.
[108] CLAN, Submission 60,
p. 9.
[109] Department of Social
Services, Submission 27, p. 12.
[110] Law Council of Australia, Submission
82, p. 29; South Australian Commissioner for Victims Rights, Submission
72, p. 4; VALS, Submission 14, p. 6; Waller Legal, Submission 52,
pp. 17–18.
[111] Mr Mark Glasson, Anglicare
WA, Committee Hansard, 16 February 2018, p. 26.
[112] Dr Philippa White, Tuart
Place, Committee Hansard, 16 February 2018, p. 23.
[113] Professor Kathleen Daly, Submission
44, p. 6.
[114] Dr Roslyn Baxter, Department
of Social Services, Committee Hansard, 6 March 2018, p. 68.
[115] Redress Bill, clause 40.
[116] Explanatory Memorandum, p.
29.
[117] The Hon Christian Porter MP,
Minister for Social Services, House
of Representatives Hansard, 26 October 2017, p. 12131.
[118] The Hon Christian Porter MP,
Minister for Social Services, House of Representatives Hansard, 26 October
2017, p. 12131.
[119] Scouts Australia, Submission
35, p. 3; Anglican Church of Australia, the Salvation Army and Uniting
Church in Australia, Submission 30, p. 2; Truth Justice and Healing
Council, Submission 79, p. 11.
[120] Victorian Kid in Care
Advocacy Service, Submission 41, p. 2; Berry Street, Submission 58,
p. 7; Historical Abuse Network, Submission 64, [p. 3].
[121] Department of Social
Services, Submission 27, p. 8.
[122] Parliamentary Joint Committee
on Human Rights, Report 2 of 2018, pp. 94–95.
[123] Department of Social
Services, Submission 27, p. 9.
[124] Department of Social
Services, Submission 27, p. 9.
[125] Parliamentary Joint
Committee on Human Rights, Report 13 of 2017, p. 15.
[126] Explanatory Memorandum, p.
66.
[127] Senate Standing Committee
for the Scrutiny of Bills, Scrutiny Digest 15 of 2017, p. 28.
[128] Parliamentary Joint
Committee on Human Rights, Report 13 of 2017: Ministerial responses, pp.
10–11.
[129] Senate Standing Committee
for the Scrutiny of Bills, Scrutiny Digest 15 of 2017, p. 31.
[130] Maurice Blackburn Lawyers, Submission
28, p. 10. This was also raised as an issue of concern by CYDA, the
Commonwealth Ombudsman, VACCA and Waller Legal.
[131] VACCA, Submission 36,
p. 9.
[132] Angela Sdrinis Legal, Submission
46, pp. 2–3.
[133] NATSILS, Submission 68,
p. 4.
[134] Truth Justice and Healing
Council, Submission 79, p. 15.
[135] Parliamentary Joint
Committee on Human Rights, Report 2 of 2018, p. 96.
[136] Parliamentary Joint
Committee on Human Rights, Report 2 of 2018, p. 96.
[137] Australian Lawyers Alliance, Submission 47, p. 13.
[138] Angela Sdrinis Legal, Submission
46, pp. 2–3. This was also recommended as an alternative by the Australian
Lawyers Alliance.
[139] Commonwealth Ombudsman, Submission
69, p. 4.
[140] Australian Lawyers for Human
Rights, Submission 49, p. 3.
[141] Australian Lawyers for Human
Rights, Submission 49, p. 3.
[142] Consequential Bill, Schedule
2.
[143] Explanatory Memorandum, p.
64.
[144] Explanatory
Memorandum, p. 65.
[145] Senate Standing Committee
for the Scrutiny of Bills, Scrutiny Digest 13 of 2017, pp. 20–21.
[146] Parliamentary Joint
Committee on Human Rights, Report 13 of 2017, p. 15.
[147] Parliamentary Joint
Committee on Human Rights, Report 13 of 2017, p. 16.
[148] Parliamentary Joint Committee
on Human Rights, Report 2 of 2018, p. 95.
[149] Australian Human Rights
Commission (AHRC), Submission 32, p. 4.
[150] AHRC, Submission 32,
p. 12.
[151] Parliamentary Joint
Committee on Human Rights, Report 2 of 2018, p. 96.
[152] AHRC, Submission 32,
p. 12.
[153] See: Waller Legal, Submission
52, p. 22; Australia Lawyers Alliance, Submission 47, p. 13.
[154] Redress Bill, clause 122.
[155] Explanatory Memorandum, p.
60.
[156] Maurice Blackburn Lawyers, Submission
28, p. 12; Professor Kathleen Daly, Submission 44,
p. 7; Truth Justice and Healing Council, Submission 79, p. 21.
[157] Royal Commission Redress Report,
September 2015, p. 74.
Additional Comments by Labor Party Senators
[1] Royal Commission into Institutional Responses to Child Sexual Abuse, Redress
and Civil Litigation Report, recommendation 26, p. 67.
[2] Boris Kaspiev, Alliance for Forgotten Australians, Committee Hansard,
16 February 2018,
p. 15.
[3] Boris Kaspiev, Alliance for Forgotten Australians, Committee Hansard,
16 February 2018,
p. 14.
[4] Dr Philippa White, Director, Tuart Place, Committee Hansard, 16 February
2018, p. 23.
[5] Anglicare WA, Submission 10, p. 6.
[6] Anglicare WA, Submission 10, p. 6.
[7] Anglicare WA, Submission 10, p. 7.
[8] Anglicare WA, Submission 10, p. 7.
[9] Karly Warner, National Aboriginal Torres Strait Islander Legal Services, Committee Hansard, 6 March 2018, p. 9.
[10] Karly Warner, National Aboriginal Torres Strait Islander Legal Services, Committee
Hansard, 6 March 2018, p. 6.
[11] Laurel Sellers, Yorgum Aboriginal Corporation, Committee Hansard,
16 February 2018, p. 2.
[12] Dr Hannah McGlade, Senior Indigenous Research Fellow, Curtin University, Committee
Hansard, 16 February 2018, p. 35.
[13] Royal Commission into Institutional Responses to Child Sexual Abuse, Redress
and Civil Litigation Report, recommendation 59, p. 72.
[14] Leonie Sheedy, Care Leavers Australasia Network, Committee Hansard,
6 March 2018, p. 24.
[15] Dr Philippa White, Director, Tuart Place, Committee Hansard, 16
February 2018, p. 28.
[16] Miranda Clarke, Royal Commission Liaison and Sexual Assault Counsellor,
Centre Against Sexual Violence Inc, Committee Hansard, 16 February 2018,
p. 5.
[17] Boris Kaspiev, Alliance for Forgotten Australians, Committee Hansard,
16 February 2018,
p. 22.
[18] Alistair McKeich, Victorian Aboriginal Legal Services, Committee
Hansard, 6 March 2018,
p. 4.
[19] Matthew Bowden, People with Disability Australia, Committee Hansard,
6 March 2018,
pp. 15–16.
[20] Morry Bailes, President, Law Council of Australia, Committee Hansard,
6 March 2018, p. 52.
[21] Michelle James, Maurice Blackburn, Committee Hansard, 6 March 2018,
p. 56.
[22] Royal Commission into Institutional Responses to Child Sexual Abuse, Redress
and Civil Litigation Report, recommendation 19, p. 66.
[23] Barbara
Bennett, Department of Social Services, Committee Hansard, 16 February 2018,
p. 73.
[24] Matt Bowden, People with Disability Australia, Committee Hansard, 6
March 2018, p. 14.
[25] Leonie Sheedy, Care Leavers Australasia Network, Committee Hansard,
6 March 2018, p. 23.
[26] Leonie Sheedy, Care Leavers Australasia Network, Committee Hansard,
6 March 2018, p. 26.
[27] Andrew Collins, Committee Hansard, 6 March 2018, p. 34.
[28] Matthew Jones, Committee Hansard, 6 March 2018, p. 39.
[29] Penny
Savidis, Ryan Carlisle Thomas, Committee Hansard, 6 March 2018, p. 49.
[30] Vivian
Waller, Waller Legal, Committee Hansard, 6 March 2018, p. 47.
[31] Vivian Waller, Waller Legal, Committee Hansard, 6 March 2018, p. 46.
[32] Penny Savidis, Ryan Carlisle Thomas, Committee Hansard, 6 March
2018, p. 50.
[33] Morry Bailes, Law Council of Australia, Committee Hansard, 6 March
2018, p. 55.
[34] Michelle James, Maurice Blackburn, Committee Hansard, 6 March 2018,
p. 55.
[35] Karly Warner, National Aboriginal Torres Strait Islander Legal Services, Committee
Hansard, 6 March 2018, p. 6.
[36] Francis Sullivan, Truth Justice and Hearing Council, Committee Hansard,
6 March 2018, p. 60.
[37] Dr Gary Foster, Manager, Living Well Anglicare Southern Queensland, Committee
Hansard, 16 February 2018, p. 6.
[38] Ron Love,
Chairperson FACT, Tuart Place, Committee Hansard, 16 February 2018, p. 26.
[39] Richard
Weston, CEO, the Healing Foundation, Committee Hansard, 16 February 2018,
p. 34.
[40] Penny Savidis, Ryan Carlisle Thomas, Committee Hansard, 6 March
2018, p. 44.
[41] Karly Warner, National Aboriginal Torres Strait Islander Legal Services, Committee
Hansard, 6 March 2018, p. 9.
[42] Dr Cathy Kezelman, Director, Blue Knot Foundation, Committee Hansard,
16 February 2018, p. 7.
[43] Simon
Gardiner, Berry Street, Committee Hansard, 6 March 2018, p. 17.
[44] Alistair McKeich, Victorian Aboriginal Legal Services, Committee
Hansard, 6 March 2018,
p. 4.
[45] Vivian Waller, Waller Legal, Committee Hansard, 6 March 2018, p. 46.
[46] Penny
Savidis, Ryan Carlisle Thomas, Committee Hansard, 6 March 2018, p. 50.
[47] Miranda
Clarke, Royal Commission Liaison and Sexual Assault Counsellor, Centre Against
Sexual Violence Inc, Committee Hansard, 16 February 2018, p. 6.
[48] Caroline Ronken, Bravehearts, Committee Hansard, 16 February 2018,
p. 15.
[49] Child Migrants Trust, Submission 33, p. 2.
[50] Royal Commission into Institutional Responses to Child Sexual Abuse, Redress
and Civil Litigation Report, recommendation 9a, p. 63.
[51] Jeannie McIntyre, Victorian Aboriginal Child Care Agency, Committee
Hansard, 6 March 2018, p. 8.
[52] Mark Glasson,
Director of Services, Anglicare WA, Committee Hansard, 16 February 2018,
p. 27.
[53] Linda
Jenkins, Anglicare WA, Committee Hansard, 16 February 2018, p. 27.
[54] Dr Cathy Kezelman, Director, Blue Knot Foundation, Committee Hansard,
16 February 2018, p. 10.
[55] Leonie Sheedy, Care Leavers Australasia Network, Committee Hansard,
6 March 2018, p. 24.
[56] Michelle James, Maurice Blackburn, Committee Hansard, 6 March 2018,
p. 53.
[57] Dr Cathy
Kezelman, Director, Blue Knot Foundation, Committee Hansard, 16 February
2018, p. 12.
[58] Miranda
Clarke, Royal Commission Liaison and Sexual Assault Counsellor, Centre Against
Sexual Violence Inc, Committee Hansard, 16 February 2018, p. 12.
[59] Caroline
Ronken, Bravehearts, Committee Hansard, 16 February 2018, p. 22.
[60] Department of Social Services, Submission 27, p. 2.
[61] Royal Commission into Institutional Responses to Child Sexual Abuse, Redress
and Civil Litigation Report, recommendations 36 and 37, 69.
[62] Michelle
James, Maurice Blackburn, Committee Hansard, 6 March 2018, p. 54.
[63] Dr Roslyn Baxter, Department of Social Services, Committee Hansard,
6 March 2018, p. 72.
[64] Royal Commission into Institutional Responses to Child Sexual Abuse, Redress
and Civil Litigation Report, recommendations 36-37.
[65] Melinda Crole, YMCA, Committee Hansard, 6 March 2018, p. 59.
[66] Professor
Kathleen Daly, Committee Hansard, 16 February 2018, p. 41.
Dissenting Report by the Australian Greens
[1] Department of Social
Services, Submission 27, p. 4.
[2] Committee Hansard, 6 March 2018, p. 56.
[3] Committee Hansard, 16 February 2018, p. 21.
[4] Committee Hansard, 16 February 2018, p. 41.
[5] Majority
Committee Report,
pp. 23-24.
[6] Royal Commission, Redress
and civil litigation, Recommendation 19.b.
[7] Royal Commission, Redress
and civil litigation, Recommendation 19.a.
[8] See Majority
Committee Report, p. 60, fn. 15.
[9] Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill
2017, p. 41.
[10] Royal Commission, Redress
and civil litigation, Recommendation 9.a.
[11] Committee Hansard, 16 February 2018, p. 3.
[12] Dr Baxter, Department
of Social Services, Committee Hansard, 6 March 2018, p. 75.
[13] Sabra Lane, AM, 'Government
to release details of institutional abuse redress scheme', ABC,
26 October 2017, http://www.abc.net.au/radio/programs/am/govt-to-release-details-of-institutional-abuse-redress-scheme/9087126 (accessed 20 March 2018).
[14] Committee Hansard, 16 February 2018, p. 28.
[15] Royal Commission, Redress
and civil litigation, Recommendation 9.d.
[16] Royal Commission, Redress
and civil litigation, Recommendation 9.g.
[17] Committee Hansard, 16 February 2018, p. 5.
[18] Committee Hansard, 16 February 2018, p. 33.
[19] Ms Warner, Executive
Officer, National Aboriginal and Torres Strait Islander Legal Service, Committee
Hansard, 6 March 2018, p. 10.
[20] The Hon Christian
Porter, MP, Minister for Social Services, House of Representatives Hansard,
26 October 2017, p. 12131.
[21] Royal Commission, Redress
and civil litigation, Recommendation 5.d.
[22] YMCA Australia, Submission
37, p. 5.
[23] Dr Baxter, Department
of Social Services, Committee Hansard, 6 March 2018, p. 69.
[24] Ms Megan Van Den Berg,
Victorian Aboriginal Child Care Agency, Committee Hansard, 6 March
2018, p. 2.
[25] Committee Hansard, 16 February 2018, p. 24.
[26] Committee Hansard, 16 February 2018, p. 15.
[27] Ms Carroll, Alliance for Forgotten
Australians, Committee Hansard, 16 February 2018, p. 17.
[28] Ms Carroll, Alliance for Forgotten
Australians, Committee Hansard, 16 February 2018, pp. 18‑19.
[29] Committee Hansard, 6 March 2018, p. 20.
[30] Mr Frank Golding, Committee
Hansard, 6 March 2018, p. 21.
[31] Committee Hansard, 16 February 2018, p. 7.
[32] Dr Kezelman AM, Blue Knot Foundation, Committee
Hansard, 16 February 2018, p. 7.
[33] Miss Clarke, Centre
Against Sexual Violence Inc., Committee
Hansard, 16
February 2018, p. 6.
[34] Dr White, Tuart Place, Committee Hansard, 16 February 2018, p. 29.
[35] Dr Foster, Anglicare
Southern Queensland, Committee
Hansard, 16
February 2018, p. 6.
[36] Committee Hansard, 16 February 2018, p. 43.
[37] Committee Hansard, 6 March 2018, p. 17.
[38] Committee Hansard, 6 March 2018, p. 57.
[39] Amy McNeilage, 'Coalition
to rethink plan to bar criminals from child sex,' The Guardian, 19
February 2018, https://www.theguardian.com/australia-news/2018/feb/19/coalition-to-rethink-plan-to-bar-criminals-from-child-sex-abuse-redress-scheme (accessed 26 March 2018).
[40] Committee Hansard, 6 March 2018, p. 2.
[41] Ms Ronken, Bravehearts
Foundation, Committee
Hansard, 16
February 2018, p. 15.
[42] Australian Lawyers
Alliance, Submission 47, p. 8.
[43] Explanatory
Memorandum, p.
13.
[44] Majority Committee
Report, p. 36,
para. 2.126.
[45] Miss Clarke, Centre
Against Sexual Violence Inc., Committee
Hansard, 16
February 2018, p. 11.
[46] Dr Kezelman AM, Blue Knot Foundation, Committee
Hansard, 16 February 2018, p. 11.
[47] Mr Warren Strange,
knowmore legal service, Committee Hansard, 16 February 2018, pp. 46‑47.
[48] Dr Kezelman AM, Blue Knot Foundation,Committee
Hansard, 16 February 2018, p. 7.
[49] Committee Hansard, 16 February 2018, p. 21.
[50] Royal Commission, Redress
and civil litigation, Recommendation 59.
[51] Miss Clarke, Centre
Against Sexual Violence Inc., Committee Hansard, 16 February 2018, p. 5.
[52] Committee Hansard, 6 March 2018, p. 55.
[53] Committee Hansard, 6 March 2018, p. 4.
[54] Mr Bowden, People with
Disability Australia, Committee Hansard, 6 March 2018, pp.15-16.
[55] Mr Bailes, Law Council
of Australia, Committee Hansard, 6 March 2018, p. 55.
[56] Majority Committee
Report, p. 83,
para. 3.132.
[57] Mr Strange, knowmore
legal service, Committee Hansard, 16 February 2018, p. 44.
[58] Miss James, Principal,
Maurice Blackburn Lawyers, Committee Hansard, 6 March 2018, pp. 54-55.
[59] Royal Commission, Redress
and civil litigation, Recommendation 62.
[60] Law Council of
Australia, Submission 82, p. 20.
[61] Committee Hansard, 6 March 2018, p 27.
[62] Mr Bailes, Law Council
of Australia, Committee Hansard, 6 March 2018, p. 57.
[63] Jeannie McIntyre,
Victorian Aboriginal Child Care Agency, Committee Hansard,
6 March 2018, p. 7.
[64] Mr McKeich, Victorian
Aboriginal Legal Service, Committee Hansard, 6 March 2018, pp. 7-8.
[65] Ms Warner, National
Aboriginal and Torres Strait Islander Legal Service, Committee Hansard,
6 March 2018, p. 8.
[66] Committee Hansard, 6 March 2018, p. 8.
[67] Ms Jeannie McIntyre, Victorian
Aboriginal Child Care Agency, Committee Hansard, 6 March 2018,
pp.15-16.
[68] Committee Hansard, 16 February 2018, p. 25.
[69] Ms Hillan, the Healing
Foundation, Committee Hansard, 16 February 2018, p. 38.
[70] Mr Glasson,
AnglicareWA, Committee Hansard, 16 February 2018, p. 28.
[71] Miss Clarke, Centre
Against Sexual Violence Inc., Committee Hansard, 16 February 2018, p. 3.
[72] Dr Foster, Anglicare
Southern Queensland, Committee Hansard, 16 February 2018, p. 3.
[73] People with
Disabilities Australia, Answers to questions taken on notice, 6 March
2018, p. 2 (received 14 March 2018).
[74] Mr Bowden, People with
Disability Australia, Committee Hansard, 6 March 2018, p. 19.
[75] Mr Strange, knowmore
legal service, Committee Hansard, 16 February 2018, p. 46.
[76] Professor Daly, Committee
Hansard, 16 February 2018, p. 46.