Civil Claims for Institutional Abuse: Key Updates
Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.
Description
With the National Redress Scheme now 12 months old and new legislative changes shaking up the sector, now is the opportune time to take a deep dive into the key issues that will impact your institutional abuse practice and your clients right now and in the near future.
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This seminar was recorded in NSW on 20 June 2019
Chair: Susan Cartwright, National Manager, National Redress Scheme Branch, Child Support and Redress Division, Department of Human Services
9.00am to 10.00am: Overview of Legislative Changes
- Widening exposure with the Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act
- Duty to organisations to prevent child abuse
- Vicarious liability for acts of employees and a person ‘akin to an employee’
- Unincorporated associations
- Limitation period including reference to the other states
- Common law position post the Prince Alfred College decision
Presented by Dr Andrew Morrison RFD SC, Wardell Chambers
10.00am to 10.15am Morning Tea
10.15am to 11.45am: The National Redress Scheme 12 Months on: Where are we now?
- Claims process: How is it working? What have been some outcomes?
- Where clients are very unwell: How can their claims be expedited?
- Clients in prison or clients who have had a sentence of 5 or more years: How are the special provisions for them being applied?
- Receiving letters of offer: the importance of the six month time-frame to act
- Advice on compensation options: when that is being given
Presented by Prue Gregory, Principal Lawyer, knowmore lawyers
11.45am to 12.15pm: Evidence Gathering
- The experiences of care leavers accessing records
- Legislation and regulations governing management of, and access to, government records
- Historical documentation available and obtainable, and what practitioners need to know
- Record retention issues arising from the changes to limitation periods
- Regulations and procedure: Government Information Public Access (GIPA) Act
- Record types and data retention periods
- Access to documents of the Royal Commission into Institutional Responses to Child Sexual Abuse
Presented by Maithri Panagoda AM, Partner, Carroll & O’Dea Lawyers
12.15pm to 1.15pm: Medico-Legal Assessments in Institutional Abuse Claims
- Selection of experts
- Joint briefing of experts
- Briefing materials
- Client needs in relation to assessments: trauma informed guidelines
- Supporting clients through assessments
- What makes a good report?
- After the report: issues and how to resolve them
Presented by John Ellis, Solicitor and Nicola Ellis, Solicitor, Ellis Legal Lawyers
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia