{"id":8654,"date":"2020-07-17T14:39:20","date_gmt":"2020-07-17T04:39:20","guid":{"rendered":"https:\/\/kelsolawyers.com\/au\/?p=8654"},"modified":"2024-05-30T16:18:39","modified_gmt":"2024-05-30T06:18:39","slug":"kelso-lawyers-law-reforms","status":"publish","type":"post","link":"https:\/\/kelsolawyers.com\/au\/kelso-lawyers-law-reforms\/","title":{"rendered":"How Kelso Lawyers has forced governments to change laws for victims for the better"},"content":{"rendered":"

When you choose Kelso Lawyers, you\u2019re not just choosing a team of experienced solicitors. You\u2019re also choosing to enlist the help of passionate crusaders who have been fighting against injustice and institutional abuse for decades – not just on behalf of our clients, but all survivors of institutional abuse.<\/span><\/p>\n

Over the years, we have been fighting the system and unfair laws to achieve a better outcome for survivors of abuse. We believe all institutional and child abuse should be given a fair shot at compensation – no matter the context and no matter whether the abuse was sexual, physical, or psychological.<\/span><\/p>\n

We\u2019ve taken entire government departments to court, lobbied politicians, conducted numerous radio interviews, spoken up at commissions of inquiry, written lengthy submissions to cabinet Ministers, exposed injustice on the internet and social media and worked in the background on several high rating television programs.<\/span><\/p>\n

Peter Kelso has been the point man every time. He\u2019s put his reputation on the line time and time again. He\u2019s even risked his own family finances. Very few people will do that – but it\u2019s all been for a greater purpose.<\/span><\/p>\n

All survivors deserve justice.<\/span><\/p>\n

In this article, we share a few examples of how we\u2019ve influenced important law reforms and changed government practices to bring real justice to survivors. Read on.<\/span><\/p>\n

#1. Kelso Lawyers successfully prosecuted the Commissioner of Victims\u2019 Rights in Dobbie v CVR in the NSW Court of Appeal\u00a0<\/b><\/h2>\n

Mr Dobbie and his brother were severely beaten by their father when they were children. However, the Assessor awarded payment to Mr Dobbie\u2019s brother for the highest category of psychological disablement but refused to do the same for Mr Dobbie \u2013 despite clear evidence from the Commissioner\u2019s own appointed expert that Mr Dobbie easily qualified for this category of award, too.<\/p>\n

Mr Dobbie couldn\u2019t afford to fight the decision, so Kelso Lawyers funded the court action against the Commissioner. Both the Court of Appeal and the NSW Supreme Court held that Assessors at Victims Services are not free to refuse to follow sound expert medical evidence without good reason.\u00a0<\/span><\/p>\n

Until the Dobbie decision, Assessors had been in the habit of ignoring expert evidence which would require them to award more compensation. In this case, the pressure to stick to set budgets trumped the Assessor\u2019s duty to apply the law.\u00a0<\/span><\/p>\n

The Dobbie case also confirmed the Court can order the Commissioner (and other officials) to correct an invalid compensation decision within a set period of time, or else be in contempt.\u00a0<\/span><\/p>\n

The Commissioner argued in the Dobbie case that the Court did not have the power to set a deadline for it to comply with an order. The Court not only disagreed but a Supreme Court Judge ordered the Commissioner to pay Mr Dobbie\u2019s legal costs.<\/p>\n

Mr Dobbie received the compensation he was entitled to and Kelso Lawyer\u2019s legal costs were rightly paid for by the Commissioner.\u00a0<\/span><\/p>\n

#2. Kelso Lawyers made successful submissions to the NSW Attorney General to amend section 43A Crimes Act to include child-neglect cases\u00a0<\/b><\/h2>\n

The 43A Crimes Act refers to the failure of a person with parental responsibilities to care for a child. This can cause a danger of health, injuries, and possible death due to parental neglect.<\/span><\/p>\n

Many years ago when the offence of \u201ccriminal neglect\u201d was amended in the Crimes Act, Parliament failed to update related legislation. This had unintended side-effects – Assessors at Victims Services (VS) were allowed to decide to neglect an adult was compensatable but neglecting the necessities of life of a child was not!<\/span><\/p>\n

At the time, Peter Kelso was an external auditor for the NSW Department of Family & Community Services. Peter has been auditing the files of State wards since 2011. He made successful submissions to the NSW Attorney General to amend this section of the Crimes Act.\u00a0<\/span><\/p>\n

This change opened up important opportunities for children abused in State care to claim victims compensation (now known as \u2018recognition payments\u2019) from the State government. This has resulted in additional awards being made for State wards which are held in trust for them until they turn 18-years-old.<\/span><\/p>\n

#3. Kelso Lawyers were at the forefront of efforts to pressure the NSW and Queensland Attorneys General to abolish limitation periods for historic child abuse victims<\/b><\/h2>\n

The three-year limitation period was first abolished in Victoria. Kelso\u2019s wrote to other State Attorneys General with submissions and pressured them to do the same as Victoria.<\/span><\/p>\n

Peter appeared in <\/span>several media interviews<\/span><\/a> when the NSW Attorney General announced the popular decision to change the law and allow retrospective civil actions against institutions responsible for the criminal actions of their clergy and other staff. This important change to the law gave victims the option to sue institutions in court for compensation.<\/span><\/p>\n

#4. Kelso Lawyers self-funded a number of NSW Civil & Administrative Tribunal (NCAT) cases for victims of crime<\/b><\/h2>\n

These included:<\/span><\/p>\n