Scrap unfair child abuse deals: John Ellis

Sydney lawyer John Ellis is calling on the NSW coalition and Labor party to promise to grant child abuse survivors better access to justice.

Despite law reform by the NSW government to scrap the so-called "Ellis defence", victims of child sexual abuse still face barriers to justice, according to victim John Ellis.

The Sydney lawyer, whose case led to the naming of the Ellis defence, is calling on the NSW coalition and Labor party to promise to grant abuse survivors better access to justice.

Mr Ellis's entry into the debate two days before the state election comes after three survivor groups wrote to the premier and opposition leader about the issue.

"The proposed new law will fill a significant gap in the law to give survivors a positive right to have previous deeds set aside where it is just and reasonable to do so," Mr Ellis said.

"Hush money" deals were frequently made under time limit laws that prevented victims from accessing fair compensation.

NSW Attorney-General Mark Speakman has promised to reconsider laws enacted in 2016 that locked out child abuse victims who had signed hush money settlements.

"A Liberals and Nationals government will consider this issue by consulting with relevant stakeholders and seeking advice from the Department of Justice," Mr Speakman said.

NSW Labor said that as with the current Government, an incoming Daley Labor Government would consider the issues raised by the group after the election.

In the years before the royal commission into child abuse, institutions were able to secure the silence of victims by making a small payment to them that didn't recognise their true losses.

To receive the payment, the victims were required to agree to a secrecy clause and had to waive their future rights to seek fair compensation via the courts.

Mr Ellis wants victims who've been paid under church schemes such as Towards Healing and the Melbourne Response to have a positive right to have their old deeds set aside.

Beyond Abuse founder Steve Fisher said the requested law change could easily be enacted within the first 100 days of a new government because Queensland and Western Australia already had the laws in place.

"The institutions were dragged kicking and screaming into the 21st century by the force of public opinion because the survivors of abuse have been so vocal," he said.

"These survivors deserve now to have access to the courts to seek fair compensation."

The so-called Ellis defence arose from a case in 2006 when the former altar boy and abuse survivor tried to sue the Catholic Church.

The church won that battle by arguing it didn't legally exist as its assets were held in a trust that was protected from legal action.


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Source: AAP



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