Victorian abuse survivors may seek to set aside ‘unfair’ church settlements through new legislation

Tom* seeks to pursue a fresh compensation claim for abuse suffered at the hands of a Catholic priest. He describes the aftermath as including broken relationships, abandoned career and study opportunities, and a conviction for white collar crime. The abuse began when the priest started visiting his family home at age 14. He claims the priest groomed his parents as much as him, gaining entry into the family through dinners and lunches. When his father discovered the abuse, he was horrified to learn he had granted hospitality to a perpetrator.

In 2008, Tom approached the Catholic Archdiocese of Melbourne for compensation and signed an agreement awarding him approximately $40,000. Part of that settlement included a deed of release, waiving his right to further legal action. He also received a top-up payment of about $31,000 in 2017. Tom describes the 2008 settlement process as “coercive, in a subtle way,” with subtle pressure applied to avoid court proceedings.

Ten years later, Tom is among many Victorian survivors of institutional child sex abuse who hope to set aside old settlements and seek fresh compensation. Their hopes rest on the outcome of the November state election, which may lead to new legislation allowing survivors to challenge unfair deeds of release agreements or those signed under misleading circumstances.

Lawyer Judy Courtin, an advocate for survivors, estimates there are likely “hundreds” of Victorians like Tom waiting to pursue compensation if the law changes. She suggests new legislation should consider factors such as the adequacy of compensation, whether survivors had legal representation, and whether institutions concealed knowledge of the abuser’s behavior.

The case highlights the need for accountability and justice, echoing the biblical call to protect the vulnerable and pursue fairness. Proverbs 31:8-9 reminds us to speak up for those who cannot speak for themselves and to defend the rights of the oppressed.

Source: Read the original report