Top law man hits at compo by media

LAWYERS for sexual abuse victims are using the media to try to pressure the government into settling compensation claims, Solicitor General Michael O’Farrell, SC, says.

The government’s senior legal adviser says victims are avoiding the National Redress Scheme because they think they can get more money by taking their cases to court.

“It is now apparent that a significant number of victims of child sexual abuse are electing to pursue common law claims against institutions [ including state institutions] at which they suffered the abuse, in preference to taking up the benefits of the National Redress Scheme,” Mr O’Farrell said.

“This is in part because of a belief that a common law claim may yield monetary compensation greater in value to the benefits of the redress scheme.”

He said civil action had resulted in substantial payouts in other states.

“It is to be noted that some plaintiffs’ lawyers have used the media to exert collateral pressure on defendants, including the state, to settle claims quickly, without having delivered proper particulars or given sufficient time for a proper investigation.”

Mr O’Farrell said it would be an improper use of public resources to settle cases without proper evidence or an opportunity to investigate.

“The volume of common law claims presently expected will present difficulties for the agencies and my office to set priorities and dispose of cases in a fair and orderly manner,” he said.