Institutional abuse of children: Legal remedies and redress in Australia
Institutional abuse of children: Legal remedies and redress in Australia is a must-have book on the new legal framework governing claims for compensation and redress from sexual child abuse in institutional settings in Australia.
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Institutional abuse of children: Legal remedies and redress in Australia examines the recently amended 'common law' framework. These reforms include removal of limitation periods, reversal of the onus of proof, extending vicarious liability to persons akin to employees, requiring institutions to identify a proper defendant when necessary, and permitting some earlier settlements and judgements to be revisited. The unique fixed term National Redress Scheme for historic child sexual abuse in institutional settings is also examined, in the context of the underlying policy to offer an alternate redress pathway which aims to be more flexible, less formal, faster, cheaper, and involving less trauma and conflict for survivors. As the first detailed analysis of the new legal framework relating to compensation and redress for child sexual abuse in Australia, this book makes an original contribution to knowledge and understanding of the law in this complex area, which continues to develop at a rapid pace as additional legislation is enacted across Australia and as the courts begin to construe these new legislative provisions.
- Analyses the new legal framework governing claims for compensation and redress arising out of sexual abuse of children in institutional settings in Australia
- Examines the relationship between the National Redress Scheme and civil claims
- Provides a practical understanding of how to work through the intersecting laws and redress systems to best advise clients
- Young, Kenny & Monahan (editors), Children and the law in Australia, 2016
Table of contents
- An Introduction and the Royal Commission
- Liability of Perpetrators and Damages
- Direct Liability of Organisations
- Liability of Organisations and Vicarious Liability
- Liability of Organisations and the Boundaries of Non-delegable Duty
- Limitation Laws
- Delay and Prejudice
- Revisiting Earlier Settlements and Judgments
- Statutory Reforms
- The National Redress Scheme for Institutional Child Sexual Abuse