Clark case could hurt sex victims
THE outcome of hundreds of compensation claims for children abused in care could depend on a ruling involving rape claims against former ATSIC leader Geoff Clark.
Recent Court of Appeal rulings on extension of time in civil cases have been cited by a children's home which, at the 11th hour, pulled out of a mediation meeting with a former resident.
Peter (not his real name) alleges he was abused over a five-year period in the 1960s at the Burwood Boys Home (now the Child and Family Care Network).
He said the network pulled out of a July 12 settlement conference, which forced his lawyers to take action in court.
Law firm Ryan Carlisle Thomas filed affidavits in the County Court last Thursday in support of an extension-of-time application.
Whether the extension is granted could depend on a pending High Court appeal in the case of Carol Stingel, who alleges she was raped by Mr Clark in 1971.
This year, the Court of Appeal ruled that her case could not proceed because of the time lapse.
But she argues that only in 1999 did she become aware of the psychological damage caused by the alleged event, and that her case should be considered outside the six-year time limit.
Other conditions considered outside the time limit include asbestosis and mesothelioma, because symptoms often do not emerge for many years.
Peter's lawyer, Angela Srdinis, said that if the High Court ruled against Ms Stingel it would make it harder for victims of sexual abuse.
"They will have to go begging, cap in hand, for an extension of time," Ms Srdinis said.
"That way makes it a much more drawn out, difficult and traumatic process for them. There is no doubt that Clark has made it easier for some organisations to defend themselves."
Peter, who says he was sexually abused by two senior male staff, said he was devastated when he learned the mediation had been cancelled.
"I feel betrayed," he said. "It was another kick in the guts."
He is angry the network used the Geoff Clark ruling as an "excuse". "They are hiding behind the law. This organisation, in refusing to mediate, is way out of step with others," Peter said.
"The Catholics, Anglicans, Uniting Church, Salvos — they all have processes, they will meet with you. For a philanthropic organisation, this is amazing hypocrisy."
The home became the Child and Family Care Network in the 1980s. Deputy chief executive Pauline Ogden said the network no longer ran residential care.
"We now support families at the early stages of childhood. Our aim is to strengthen families so that care would be a last option," Ms Ogden said.
She said she could not comment on Peter's case because it was before the courts.
The network has six weeks from last Thursday to file its own affidavits. Peter's lawyers will then respond before a hearing date is set.
Recent Court of Appeal rulings on extension of time in civil cases have been cited by a children's home which, at the 11th hour, pulled out of a mediation meeting with a former resident.
Peter (not his real name) alleges he was abused over a five-year period in the 1960s at the Burwood Boys Home (now the Child and Family Care Network).
He said the network pulled out of a July 12 settlement conference, which forced his lawyers to take action in court.
Law firm Ryan Carlisle Thomas filed affidavits in the County Court last Thursday in support of an extension-of-time application.
Whether the extension is granted could depend on a pending High Court appeal in the case of Carol Stingel, who alleges she was raped by Mr Clark in 1971.
This year, the Court of Appeal ruled that her case could not proceed because of the time lapse.
But she argues that only in 1999 did she become aware of the psychological damage caused by the alleged event, and that her case should be considered outside the six-year time limit.
Other conditions considered outside the time limit include asbestosis and mesothelioma, because symptoms often do not emerge for many years.
Peter's lawyer, Angela Srdinis, said that if the High Court ruled against Ms Stingel it would make it harder for victims of sexual abuse.
"They will have to go begging, cap in hand, for an extension of time," Ms Srdinis said.
"That way makes it a much more drawn out, difficult and traumatic process for them. There is no doubt that Clark has made it easier for some organisations to defend themselves."
Peter, who says he was sexually abused by two senior male staff, said he was devastated when he learned the mediation had been cancelled.
"I feel betrayed," he said. "It was another kick in the guts."
He is angry the network used the Geoff Clark ruling as an "excuse". "They are hiding behind the law. This organisation, in refusing to mediate, is way out of step with others," Peter said.
"The Catholics, Anglicans, Uniting Church, Salvos — they all have processes, they will meet with you. For a philanthropic organisation, this is amazing hypocrisy."
The home became the Child and Family Care Network in the 1980s. Deputy chief executive Pauline Ogden said the network no longer ran residential care.
"We now support families at the early stages of childhood. Our aim is to strengthen families so that care would be a last option," Ms Ogden said.
She said she could not comment on Peter's case because it was before the courts.
The network has six weeks from last Thursday to file its own affidavits. Peter's lawyers will then respond before a hearing date is set.
posted by Chris Placitella at 8:33 AM
0 Comments:
Post a Comment
<< Home