Speakers David Shoebridge GREENS MP & JUSTICE SPOKESPERSON Nicky Davis SURVIVORS NETWORK OF THOSE ABUSED BY PRIESTS Jewel Jones SURVIVOR OF ABUSE John Ellis LAWYER AND SURVIVOR Rachael Martin & Liz Snell WIRRINGA 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 costs Financial assistance, including loss of earnings and medical expenses Recognition 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 Rights Remakes the Charter of Victims’ Rights Limited but prompt counselling for some victims Up 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 The average time taken to process a claim increased to 31 months

Problem - 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 $10,284 No 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 claims Place a twenty year maximum limitation for the balance of matters in s40(5); and Provide that prolonged domestic violence entitles the claimant to a recognition payment that is at least the equivalent of Category C.