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Independent Arbiter To Determine Torture Redress

Hon Erica Stanford
Lead Coordination Minister for the Government’s Response to the Royal Commission’s Report into Historical Abuse in State Care and in the Care of Faith-based Institutions

The Government has appointed Hon Paul Davison KC as an independent arbiter to determine financial redress for survivors tortured at the Lake Alice Psychiatric Hospital Child and Adolescent Unit (the Lake Alice Unit).

In December, Cabinet set aside up to $22.68 million for redress for torture which consists of three components; a one-off payment which recognises an individual’s experience of torture as a child, a new written apology which explicitly acknowledges torture, and facilitating access to support and rehabilitative services.

Eligible survivors can choose either an expedited payment of $150,000 or an individual payment process where each claim is independently assessed by an independent arbiter who will determine payment amounts.

Hon Paul Davison KC is a retired judge of the High Court who also sat as a member of a Divisional Court of Appeal. He retired from the High Court in August 2023 and has since resumed practice at the Bar as a mediator and providing litigation and consultancy advice. In 1983, Hon Davison was the Counsel Assisting the Committee of Inquiry into Oakley Hospital that investigated the death of a patient following the administration of ECT. The Chair of the Committee of Inquiry was Sir Rodney Gallen who was later appointed to oversee the distribution of $6.5m to survivors of the Lake Alice in what is known as the first-round settlement.

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“We wanted to ensure people have choice when going through this process. The individualised option allows survivors to opt for a payment that considers their personal experiences of torture at the Lake Alice Unit. Guided by terms of reference, Hon Davison KC will independently assess the claims of those who choose this pathway. I would like to thank him for his willingness to undertake this important role,” Lead Coordination Minister Erica Stanford says.

So far 77 survivors of the Lake Alice Unit have been confirmed as eligible to make their claim for redress. Survivors will have until 30 April 2025 to choose the individual payment process and until 30 September 2025 for the expedited pathway.

Payments for the expeditated process will begin in March, both processes will be complete by the end of 2025. All eligible survivors can access free independent legal advice to support them during this process.

Notes:

  • Hon Paul Davison KC’s appointment will commence on 10 February 2025 and will end no later than 30 September 2025.
  • Payments will be made on a final settlement basis and will be exempt from being treated as income and will not affect the recipient’s tax-status or their entitlement to Ministry of Social Development (MSD) administered assistance.

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