LEADING child sexual abuse survivor groups have petitioned the NSW Government and Labor Opposition after confirmation the majority of institutional abuse survivors are not helped by legal reforms to re-visit church compensation settlements.
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Three groups, including Beyond Abuse, and survivor John Ellis have sought pre-election commitments for legislation within 100 days to set aside past unjust settlements and judgments.
It follows realisation the "Ellis defence" reforms - named after Mr Ellis and passed in 2018 - fail to address issues that leave the majority of survivors trapped in deeds of release from past settlements.
"The issue is that there is no express provision in NSW for settlements compromised in the past because of limitations defences, or use of the Ellis defence, to be set aside," Mr Ellis said.
"Many institutions will voluntarily do so, but the courts should have power to set aside any settlement where it is just and reasonable, so that survivors do not need to rely on the goodwill of institutions.
"This change would send the right message to the community and enhance access to proper justice for survivors."
NSW Attorney-General Mark Speakman advised on March 19 that the Coalition Government, if returned after Saturday's election, would consider the issue and consult with stakeholders and the Department of Justice. The Ellis defence, described as "vile and unjust", was a barrier to survivors after Mr Ellis tried to sue the Catholic Church and lost because there was no entity to sue.
