The State of NSW is facing a wave of condemnation after revelations that victims of child sexual abuse in juvenile detention face severe barriers to obtaining the compensation they rightfully deserve. This injustice stems from an obscure legal provision designed for an entirely different purpose. Now, a prominent Sydney lawyer, Peter O’Brien, is raising his voice in outrage, calling out the government in an open letter for its cruel and indefensible position.
A System Rigged Against the Children It Should Protect
Within the Civil Liability Act of 2004 is a clause (Section 26B (1)(a)) that limits compensation for inmates injured while imprisoned. While initially intended to target prison lawsuits, this clause is now being cynically applied to block justice for child sexual abuse victims.
Victims face a two-fold barrier. First, they must demonstrate permanent damage of at least 15%, an unreasonably high and often inappropriate threshold for cases of sexual trauma. Secondly, their compensation is capped by outdated Workers Compensation standards from the time of the abuse, potentially leaving them with nothing, even if they clear the 15% threshold.
Peter O’Brien: Exposing the State’s Betrayal of Trust
In a scathing open letter to NSW Attorney General Mark Speakman, Peter O’Brien, Principal Lawyer of O’Brien Criminal and Civil Solicitors, expresses his disgust with the State’s actions.
This attempt to limit compensation stands in direct opposition to the NSW Government’s stated Model Litigant Policy. Victims placed in state care, who should be among the most protected, instead find themselves doubly victimized by the very system entrusted with their safety.
The Fight for Justice Must Go On
The psychological toll on victims forced to relive their trauma within these legal battles cannot be overstated. This law effectively protects the perpetrators who operated within state institutions and denies true healing to the children failed by the system. The public’s faith in the government’s commitment to justice is deeply shaken.
It’s time to demand change. Contact your state representative and demand an immediate amendment to this discriminatory and unjust law.
Peter O’Brien and his firm serve as a beacon for victims seeking legal recourse against the system that failed them. Their fight highlights the urgent need to prioritise justice and compassion over bureaucratic loopholes.
