On 1 August 2022, the Civil Liability (Institutional Child
Abuse Liability) Amendment Act 2021 commenced in South
Australia to improve access to civil redress by survivors of child
abuse.
One of the key changes in the recent amendments allows
individuals who historically settled their claims for compensation,
to apply to the Court, to have those settlement agreements set
aside where the Court believes it is just and reasonable to do so.
Many claims were historically resolved out of Court for
substantially low amounts of money which today would be considered
unjust and unreasonable. These changes recognise that in previous
cases, due to time limitations or the individual's vulnerable
personal circumstances, many were forced to accept a settlement
which would by today's standards be considered grossly
unfair.
