Institutional Abuse of Children
Legal Remedies and Redress in Australia
Does not imply availability
Description
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. Features ¿ 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
AI Overview
The book "Institutional Abuse of Children: Legal Remedies and Redress in Australia" by Bill Madden, Tina Cockburn, and Benjamin Madden provides a comprehensive examination of the legal frameworks and remedies available to victims of institutional child abuse in Australia. Here is a detailed overview of the book:
Key Themes
- Historical Context: The book delves into the historical context of institutional child abuse in Australia, highlighting that prosecutions for child sexual assault date back to the early days of the colony of New South Wales. However, it was only recently that the full extent and impact of this abuse became widely understood[1].
- Legal Remedies: The authors discuss the recent amendments to the common law framework, which include provisions for setting aside previously settled claims and deeds of release. These new provisions are explored in detail, including recent judicial interpretations[1].
- National Redress Scheme: The book provides an extensive overview of the National Redress Scheme for Institutional Child Sexual Abuse. It explains how the Scheme operates, the process involved in filing applications for redress, and the internal and external review mechanisms available[1].
- Compensation Framework: The authors examine the current compensation framework, focusing on the unique aspects of institutional abuse litigation in Australia. This includes discussions on the types of compensation available and the processes for seeking redress[3][4].
Plot Summary
The book is structured to provide a thorough understanding of the legal remedies and redress available to victims of institutional child abuse. It begins by setting the historical context of the issue, followed by an in-depth analysis of the legal frameworks and recent reforms. The authors then focus on the National Redress Scheme, detailing its operation and the mechanisms for seeking redress. The book concludes with a comprehensive overview of the compensation framework, highlighting the unique aspects of institutional abuse litigation in Australia.
Critical Reception
The book has received positive reviews for its comprehensive coverage of the legal remedies and redress available to victims of institutional child abuse. The authors are praised for their detailed analysis of the historical context, recent judicial interpretations, and the operation of the National Redress Scheme. The book is seen as a valuable resource for legal professionals, policymakers, and advocates working in the field of child protection and redress[2][5].
In summary, "Institutional Abuse of Children: Legal Remedies and Redress in Australia" by Bill Madden, Tina Cockburn, and Benjamin Madden is a seminal work that provides a thorough examination of the legal frameworks and remedies available to victims of institutional child abuse in Australia. The book is highly regarded for its comprehensive coverage and detailed analysis of the historical context, recent reforms, and the National Redress Scheme.