Posted on 22 Feb 2023
How survivors of historical abuse in state care programs in Tasmania can access justice
Senior Practice Leader, Abuse Law
In recent years Tasmania has had to come to terms with the dark reality of systemic child abuse at state care run programs. We know nothing can remove the trauma and pain survivors of abuse suffer, but we believe they should not suffer in silence and have the right to claim compensation to access the care and support they may need.
In the early 2000’s, the State of Tasmania took steps to recognise the wrongs perpetrated against past residents of State Care, via the Claims of Abuse in State Care Program (operated from 2003- 2013), which provided payments to survivors who had suffered childhood abuse in a range of settings including:
- children’s homes,
- juvenile detention facilities,
- youth hostels; and
- participants of the Child Migrant Scheme.
We are proud to have acted for a number of survivors who suffered abuse at Ashley Youth Detention Centre. Sadly, we know that many other organisations are the subject of allegations of past historical physical and sexual abuse against children.
The Claims of Abuse in State Care Program is over, what can I do?
As a survivor of abuse in Tasmania, you may be able to claim compensation through one of the following:
- civil damages claim;
- the National Redress Scheme; or
- Victims Support Services.
At the end of 2019, the law was changed in Tasmania to allow survivors who had previously settled a claim to bring a further claim in relation to either sexual or serious physical abuse if the Court considered it in the interests of justice.
Survivors who have previously received compensation as a part of the Claims of Abuse in State Care Program should seek specialised legal advice to understand if they may be in a position to make a further claim for compensation.
How is the National Redress Scheme different to a civil claim?
The National Redress Scheme provides an alternative means for survivors to make a claim for compensation for institutional childhood sexual abuse only.
Like the Claims of Abuse in State Care Program in Tasmania, the National Redress Scheme caps the amount of compensation it can award at $150,000. Unlike the Claims of Abuse in State Care Program, you cannot also bring civil claim against the institution.
Survivors who are contemplating making a claim under the National Redress Scheme should seek specialised legal advice prior to accepting any offer.
We handle your story with care
Every case is different, and we will take the time to understand you, your story and what justice may look like for you. When you work with us, you’ll have your own team of legal experts assisting you and your claim.
At Slater and Gordon, we've been seeking justice for survivors of sexual, physical and psychological abuse since the 1990’s and we have a specialised team of expert lawyers who practise in Abuse Law. We aim to be efficient, we know the system and we are confident we can help you.
If you would like to seek advice about your circumstances, contact Katherine Munt a Lawyer in our Abuse team, or Sam Carroll the Abuse Law Practice Leader.
Survivors of abuse who wish to contribute to the Commission of Inquiry can do so via the Commission's website
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.