High profile lawyer Peter Kelso has recommended to the Royal Commission that a special federal agency be set up by law to award compensation to victims of institutional abuse. The new federal agency will have power to:
- Award lump sum compensation in line with damages awarded by the courts in civil proceedings;
- Require a low standard of proof allowing victims to avoid intrusive questioning and cross-examination;
- Fund full legal representation for victims;
- Allow an appeal to the Administrative Appeals Tribunal and the Federal Court of Australia.
The Royal Commission’s first report is due on 30 June 2014. There is speculation that the recommendations will include the setting up of a national redress scheme.