In response to concerns over the legal tactics employed by institutions like the Catholic Church to impede cases of abuse survivors, the New South Wales (NSW) parliament is poised to deliberate on a bill aimed at curbing such practices.
Last year, Guardian Australia's investigation exposed the widespread use of stay applications by churches and other entities to indefinitely halt civil cases initiated by survivors, particularly in instances where the perpetrators had passed away. By exploiting the passage of time, these institutions effectively obstructed survivors from seeking justice, arguing that a fair trial was no longer feasible.
However, the tide turned in November when the high court ruled against the routine use of stays, emphasizing that such measures should only be invoked in rare and exceptional circumstances to prevent undermining the administration of justice.
Now, Legalise Cannabis Party upper house MLC Jeremy Buckingham seeks to formalize these high court findings into statutory law through a proposed bill. The legislation aims to restrict defendants' ability to seek permanent stays solely based on the passage of time. Additionally, it grants survivors who faced stay applications since 2016 the opportunity to have their cases reconsidered.
Buckingham underscores the bill's objective: to ensure justice for victims of child sexual assault by eliminating what he perceives as a strategic legal maneuver utilized by institutions.
Survivor Matt Barker, whose case against Scouts NSW was stayed last year, welcomes the proposed legislation, highlighting its potential to benefit those still pursuing justice and those whose cases were previously halted.
While the government has expressed support for amending laws in alignment with the high court's ruling, Buckingham's bill aims to expedite this process. Despite the government's acknowledgment of the need for legislative changes, definitive action is pending.
As the NSW parliament deliberates on this crucial bill, survivors and advocates hope for swift and substantive measures to uphold justice and accountability in cases of institutional abuse.
