Donaldson Law, together with Rape and Domestic Violence Services Australia, has made a submission to the NSW Government in support of setting aside settlement agreements for past child abuse claims.

NSW retrospectively removed limitation periods for child abuse in 2016, and the Government is now considering reforms to allow the courts to set aside past settlements for child abuse.

This is important because past settlements were influenced by the limitation periods then in force which prevented claims being assessed on their merits. Had claims been resolved on their merits, it is likely survivors would have achieved higher settlement amounts which would provide survivors with the financial means to access support and services. If the reforms are implemented, it will bring NSW into line with Queensland, Western Australia, Victoria and Tasmania, which have already legislated to allow past child abuse settlements to be set aside. Donaldson Law supports the potential reforms.

We will keep people updated on the results of the NSW review.

One aspect that the ADF officers recognise in these meetings is that in the past the ADF got things wrong but that in the present they are doing their best to learn from those mistakes. The ADF says that it is genuinely grateful to our clients for having the courage to come forward and tell their stories, to give the ADF even greater knowledge and motivation to prevent anyone else suffering because of their failings.

a great comfort.

It is therefore of great comfort and reassurance to me to read the statistics in today’s article in The Australian which speak of a doubling of the prosecutions for sexual assault in the ADF over the past twelve months, and an increase in the number of complaints of unacceptable behaviour. It might seem incongruous for a lawyer who helps abuse survivors to be pleased about an increase in the number of cases, but what this data says to me is that what we are doing is working.

The ADF, like the rest of society, will never be able to eliminate completely the risk of someone doing something vile and criminal to another person. The difference now is that if that does happen, the victim has options. He or she can report the assault and have confidence that it will be dealt with appropriately. Perpetrators suffer consequences, and survivors are given support. This was not always the case.

To get here has taken immense courage of my clients and other survivors willing to come forward, as well as a willingness on the part of the ADF to truly listen, and to be prepared to change. None of us likes admitting we were wrong, even more so when our mistakes have really hurt someone. Whilst I abhor the events of the past in the ADF, I admit to admiring them for the courage that they have also shown in the genuine way they have been willing to admit their mistakes and learn from them, and to do what they can to now address the harm they caused.

It’s been a lesson that has taken a long while, but hopefully current and future ADF members can feel confident that if they were ever sexually abused, the ADF will not turn a blind eye now.