Speakers

David ShoebridgeGREENS MP & JUSTICE SPOKESPERSON

Nicky DavisSURVIVORS NETWORK OF THOSE ABUSED BY PRIESTS

Jewel JonesSURVIVOR OF ABUSE

John Ellis LAWYER AND SURVIVOR

Rachael Martin & Liz SnellWIRRINGA BAIYA ABORIGINAL WOMENS LEGAL SERVICE

Q&A time at end

Context and background

Release of PWC Issues Paper 22 March 2012

Submissions received until 30 April 2012

Announcement of Victims’ Rights and Support Bill 7 May 2013

Concerns about proposed changes

Retrospectivity of new scheme Time limits for claims – particularly

childhood sexual abuse claims Recognition payments – represent

substantial cuts to likely compensation payments

Overview of proposed changes

What Attorney General Greg Smith says:

“The Victims Support Scheme is part of a package of measures to support victims of crime, which also include a new Commissioner for Victim’s Rights, and a code of practice for the Charter of Victims’ Rights.”

“The new Victims Support Scheme will focus on giving victims assistance when they most need it, with comprehensive packages of care to be tailored to their individual circumstances”

Overview of proposed changes

What Attorney General Greg Smith says:

“The scheme will feature four pillars of support:Counselling Immediate assistance, including relocation costs,

urgent medical expenses and funeral costsFinancial assistance, including loss of earnings and

medical expensesRecognition payment in recognition of the violence

and trauma experienced”

Positives of proposed changes

Focus on timeliness – although shorter wait for poorer outcomes

Commissioner of Victim’s RightsRemakes the Charter of Victims’ Rights Limited but prompt counselling for some

victimsUp to $30,000 in financial assistance,

including up to $20,000 for primary victims or parents who suffer loss of actual earnings

(NOTE almost never a viable claim for victims of child sexual abuse or domestic violence)

Problem – Retrospectivity

As at 28 November 2012 the backlog of VCT claims was 21,946

More than 68.1 per cent of outstanding claims are over one year old.

The oldest outstanding claim dates back to July 1997.

The average time taken to process a claim increased to 31 months

Problem - Time limits for claims

Time limit of 10 years for claims Average time to report childhood sexual

abuse 23 years Retrospectivity will see many existing

claimed denied

Problem - Reduced entitlements

(1) Category A applies in respect of an act of violence that apparently occurred in the course of the commission of a homicide - $15,000

(2) Category B applies in respect of a sexual assault resulting in serious bodily injury or which involved an offensive weapon or was carried out by 2 or more persons or a sexual assault that is one of a series of related acts - $10,000

(3) Category C applies in respect of a sexual assault, an attempted sexual assault resulting in serious bodily injury, an assault resulting in grievous bodily harm, or physical assault of a child that is one of a series of related acts - $5,000

(4) Category D applies in respect of an indecent assault, an attempted sexual assault involving violence, a robbery involving violence, or an assault - $1,500

Problem – Recognition Payments

Caps on payments according to categories of recognition payments

New Maximum payment $15,000, lowest and most common category is $1,500

Current maximum payment $50,000 but most claimants receive substantially less

Average payment per claim is $10,284No consideration of the impact of the

crime on your life – eg. stalking over extended period vs. simple assault

Potential proposed amendments

Remove the retrospectivity in the Bill;Remove the time limitations on child

sexual abuse claimsPlace a twenty year maximum limitation

for the balance of matters in s40(5); andProvide that prolonged domestic violence

entitles the claimant to a recognition payment that is at least the equivalent of Category C.