Following recommendations made by the Royal Commission into Institutional Response to Child Sexual Abuse, the National Compensation Scheme was introduced in July 2018.
Since the commencement of the scheme there has been:
- over 5,290 applications.
- 708 payments.
- 98 offers of redress; and
- the scheme is still processing over 3,470 applications.
While some would argue this scheme is successful in its early stages, others are still choosing to seek compensation via the more traditional road of civil litigation, opening themselves up to the possibility of increased compensation.
On 11 March 2020, His Honour Judge Herron of the District Court in Western Australia delivered Judgement in the matter of Lawrence v Province Leader of the Oceania Province of the Congregation of the Christian Brothers [2020] WADC 27. His Honour was required to consider the extend of the meaning of “sexual abuse” and whether it covers or includes physical or emotional abuse or neglect.
The Christian Brothers sought to limit Mr Lawrence’s claim to compensation by arguing that sexual abuse does not include physical or emotional abuse which occurred during childhood.
His Honour took the view that the physical and emotional abuse and the other forms of maltreatment were so intertwined that it cannot be separated from the sexual abuse. His Honour went to say that “the violence cruelty and threats to which Mr Lawrence was subject by … created an atmosphere of fear, intimidation and subjugation which provided the basis for and which allowed the sexual abuse to occur and flourish.”
Mr Lawrence was ultimately awarded $1,329,500.00 by way of damages. The majority of Mr Lawrence’s award for damages were for general damages (pain and suffering), loss of earnings and interest on past loss of earnings.
Mr Lawrence’s award of damages was significantly higher than the National Compensation Scheme which provides for a maximum payment of $150,000.00.
Contact Us
If you have been a victim of Institutional Child Sexual Abuse and consider you may have a claim, contact our office on 8523 8400 (Gawler), 8523 8444 (Tanunda) or 8211 6500 (Adelaide) to make a no obligation free consultation with one of our solicitors. Alternatively, send an email to legal@rudalls.com.au or visit our website at www.rudalls.com.au