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Reforms to historical settlements

The NSW Department of Communities and Justice is seeking feedback on reforms to allow NSW courts to set aside historical settlement agreements for child abuse.

Setting aside historical agreements

What's this about?

In September 2015, the Royal Commission into Institutional Responses to Child Sexual Abuse made recommendations about what governments and institutions should do to deliver justice and support to survivors. 

In 2016 and 2018, the NSW Government introduced reforms to make it easier for survivors of child sexual abuse to sue institutions that were responsible.

However, prior to the reforms, many survivors entered into settlements that they identified as inadequate but felt forced to accept due to legal technicalities.

Some of those settlements might now be considered unfair, as those legal technicalities are no longer a barrier to sue responsible institutions.

The NSW Government is seeking feedback on possible reforms to:

  • allow NSW courts to set aside historical settlement agreements for child abuse 
  • options for how this possible reform should operate.

 Have your say

 There are two ways you can provide feedback:

  • Email[email protected]
  • Mail: Policy Reform & Legislation
    Department of Communities and Justice
    GPO Box 6
    Sydney NSW 2001

Have your say by 15 April 2020.

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