Institutions accused of child sex abuse dragging out legal process, lawyers claim

Queensland abuse survivors are dying or even taking their own lives before receiving compensation from the alleged perpetrators with institutions accused of dragging out the process by “years”, leading law firms say.

Queensland abuse survivors are dying or even taking their own lives before receiving compensation from the alleged perpetrators with institutions accused of dragging out the process by “years”, leading law firms say.

Despite it being more than six years since the findings of the Royal Commission into Institutional Responses to Child Sexual Abuse were handed down, Queensland lawyers say little has changed.

Cancer patient Kenneth Reardon is one alleged victim who claims to have suffered horrific abuse when detained at a notorious youth detention centre in the 1970s and is now forced to file a lawsuit through the court system.

Leading lawyers accused the defendants of state-owned institutions, as well as the owners of churches and schools for “playing mind games” and re-traumatising victims in bid to save forking out compensation.

This has been denied by the state government which argues it works to resolve claims as fast as possible.

Townsville man Kenneth Reardon is suing the state government for nearly $1 million. Photo: Scott Radford-Chisholm.

Mr Reardon was just 16 when he was sent to the state-government-controlled Westbrook Training Centre in October, 1970 where he alleges he was abused by staff.

More than half a century on, the Townsville man is suing the state government for nearly $1 million for negligence all the while still suffering from throat cancer.

Much of the claim is too graphic to print, however he was allegedly sexually, emotionally and physically abused by those who cared for him.

Further, it alleges he was stripped naked and beaten with a leather belt, and abused so badly he would pass out.

“As soon as you get there they’d make you take your clothes off, make you read the Bible,” Mr Reardon said.

“They’d make you walk back to your dorm room after. I spent two days in bed once, no one reported it, got no doctor, nothing.

“I can still hear the crying from the other boys at night.”

Mr Reardon still suffers from psychiatric injuries including chronic post-traumatic stress disorder and substance disorder.

He has been battling throat cancer for several years and while he is now in remission, it has had a profound impact on his day-to-day life.

“It’s knocked me around a bit. I can’t eat solids, only soups or milk and eggs and a special formula that I get from the hospital,” he said.

A historical photo of the Westbrook Farm Home for Boys.

Shine Lawyers’ Rushka Hackett, who is representing Mr Reardon, said he was facing a fight to be believed.

“He fought aggressive cancer and is now in remission. He’s fighting just as hard to set right the grave injustices he suffered as a teenager,” Ms Hackett said.

“The government’s own guidelines state matters like this should be settled well before this stage of the process, and yet a cancer patient who survived horrific abuse at a notorious institution is facing another fight - a fight to be believed.”

Ms Hackett said despite the royal commission recommendations, a lack of “appreciation” remained for the difficulties abuse survivors face when they do come forward.

“They should then be treated with dignity, compassion and a process that contributes to their healing and does not exacerbate their hurt,” she said.

“The last thing we ever want to hear a client say is ‘I wish I never spoke up about it’.”

Maurice Blackburn association Heather Kerley slammed the “appalling” delay tactics taken up by institutions who she said would drag out the process as long as possible in some instances.

Ms Kerley said there was a fear that clients would die or take their own lives before receiving a cent in compensation.

“There is a risk. Sadly, I have had several clients end their life or die from illnesses while waiting for outcomes,” Ms Kerley said.

An historical photograph of the notorious home for boys.

She said the delays were “unprecedented” and meant claims could be drawn out by up to four years in her experience, further traumatising the abuse survivors.

Ms Kerley said defendants were increasingly raising stay applications and the dead man’s defence, in a bid to avoid forking out compensation.

She said some of the tactics used include ignoring any contact or drowning legal teams in irrelevant paperwork or forcing the alleged victims to go to trial.

“‘No records’ or ‘we can’t find any records’. That’s a common theme we see,” Ms Kerley said.

“They are employing any means necessary to save a buck.”

Ms Kerley said institutions had clearly failed to follow the recommendations made in the royal commission and forced abuse survivors to be put through every obstacle possible.

“These delay tactics unfortunately demonstrate the lack of trauma-informed practice by defendants, despite royal commission recommendations,” she said.

“It is as if defendants have forgotten that our clients are real people and not a name on a page.

Residents at the notorious Westbrook.

“We need to improve access to justice for survivors, delays don’t do this, it only makes it worse.”

A department of youth justice spokeswoman denied using any delay tactics and said it upholds the “model” litigant rules by working to resolve claims as quickly as possible, including for “very complex” matters.

“We recognise the pain and suffering due to abuse experienced by Queenslanders as children while in the care of or under the responsibility of a range of institution,” the spokeswoman said.

“In regard to personal injuries claims, we operate according to the principles of the Personal Injuries Proceedings Act 2002.”

The spokeswoman said confidentiality provisions prevented them from commenting on individual cases.