The NSW Parliament recently passed a bill which will have significant benefits for survivors of sexual assault by churches and other organisations. The new law will empower the Courts to:
- Set aside an “unfair” settlement.
- Permit survivors to publically speak about their abuse.
- Allow survivors of sexual abuse that occurred in juvenile justice facilities to seek compensation, which is currently restricted.
Sexual abuse survivors who have previously settled their claims may be able to seek compensation in Court, where the money awarded is often higher than the amount agreed to in the settlement. What is “unfair” will ultimately be argued out in Court, however, if the settlement amount was inadequate in relation to the severity of the abuse, the Court will be able to set aside the settlement agreement and hear the matter.
NSW is late to the table with this change, leaving South Australia and the ACT as the only places in the country where unfair settlements still prevent survivors from seeking just compensation in Court. However, NSW has gone one step further, as this new law will also allow survivors to seek compensation in Court if time limitations previously stopped them from doing so.
If you are a survivor of sexual abuse and feel that your settlement was unjust, contact our experienced Injury Compensation Department on 02 4626 5077 to see if you are able to pursue your claim in Court.
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
