Survivor seeks justice for abuse

Sam Morgan plans to sue the State of Tasmania over sexual and physical abuse she allegedly experienced while in foster care and at a government high school.

Records request takes 23 months

Morgan made a Right to Information request for her foster care and school records held by the education department. It took 23 months for the documents to arrive.

The alleged abuse in the 1980s

Morgan alleges she was physically abused by a foster carer when aged 12 or 13, sexually abused by a foster carer as a teenager, and physically abused at a Tasmanian government high school.

Relief after the long wait

Morgan was having coffee with her daughter when she learned her lawyer had received the files. She said it was a huge relief and she cried when she got home.

“It was a big surprise but a huge relief. I cried when I got home because it was just a relief.”

Lawyer: others face same delays

Azita Arian, an associate in the abuse law team at Maurice Blackburn, said Morgan was not the only person whose civil court abuse case had been held up by record delays.

“These are people who were abused in state care and they shouldn't have to wait almost two years to access their records.”

Records matter for building cases

The records help establish when and where people were placed and can identify foster carers and workers relevant to claims. In some cases, files may document disclosures of abuse.

Redress scheme offers less money

Morgan applied to the National Redress Scheme, which does not require the same documentation as civil court but caps compensation at one hundred fifty thousand dollars. She was offered one hundred thousand dollars.

Accepting redress blocks civil claim

After receiving advice that accepting the redress payment would bar her from pursuing a civil claim, Morgan has not accepted the offer. Her lawyer said survivors are effectively pushed toward redress by default.

“Survivors are effectively tunnelled towards redress by default.”

Ombudsman aware of backlog

Tasmania's ombudsman noted concerns about Right to Information delays with the education department. An officer said their office was aware of the backlog and concerned by the situation.

Department promises improvements

The Department for Education, Children and Young People said it was committed to reducing wait times. Changes this year, including additional and senior resources, are expected to improve processing timeframes.