ATT: MIKE BAIRD - DOCS ABUSE VICTIMS LIKE SHANE DESERVE JUSTICE, AND THAT MEANS BIG COMPENSATION FROM THE NSW GOVERNMENT

The following was a letter which was sent to NSW premier Mike Baird in February, 2016, by a legal firm acting on behalf of "Shane".

 

"Shane" was just one of many victims of horrific sexual and physical abuse while a ward of the state in Department of Community Services facilities, in NSW. What he endured for so many years is unspeakable.

 

Such abuse of children and adolescents was occurring in all such facilities across Australia, not just in NSW, for decades, it must be noted :-

                             ___________________________

 

Dear Mr. Baird,

 

RE: ROYAL COMMISSION INTO CHILD SEXUAL AND THE STATUTE OF LIMITATIONS,

 

Our client, Mr. Shane **** (formerly Shane ********) suffered significant and repeated abuses whilst under the care of the Department of Community Services (DOCS) (formerly the Child Welfare Department).

 

Shane’s case against the State of NSW has been statutorily barred and provided below are the reasons why s50C(1)(a) of the Limitations Act 1969 (NSW) must be amended to allow claims such as his to proceed.

 

(1) Shane was in the care of DOCS from between or about 1969 until 1979, and experienced mistreatment of the following nature: He was subject to serious, repeated abuses by DOCS employees that were both sexual and violent, including being raped at a number of State facilities.

 

(2) He suffered from Bartter’s Syndrome; an illness that can be diagnosed using a simple blood test; a test that all members of the community have available to them, but Shane was deprived of. Failure to perform the standard test led to him being treated as though he was mentally retarded and his development and education faltered as a consequence.

 

(3) He was exposed to heavy courses of tranquilizers, anti-psychotic medication and electroshock therapy.

 

(4) He was forced to work long hours for no pay.

 

(5)  He never enjoyed a childhood and did not receive basic education like any ordinary member of the community.

 

Shane spent time at the following institutions: (a) Minda Remand Centre, now Minda Juvenile Justice Centre (b) Yasmar Training Facility (c) Daruk Boys Home (d) Mittagong Training School for Boys (e) Werrington Park Juvenile Justice Centre (f) Royalston.

 

Shane was sent for treatment at the following medical facilities (a) Parramatta Psychiatric Hospital (b) Gladesville Mental Hospital (c) Rydalmere Psychiatric Hospital.

 

Shane was exposed to the following medications/treatments: (a) Tryptanol (b) Largactil (c) Tegretol (d) Mellaril (e) Tofranil (f) And most shamefully Electroshock Therapy.

 

Shane brought an action in negligence against the State of New South Wales heard by a "justice" sitting in the New South Wales Supreme Court – "Shane" versus State of New South Wales [2005]. 

 

It provided for DOCS’ failure to diagnose him with Bartter’s syndrome; it omitted the sexual and other abuses he suffered. Shane was incapable of taking action to redress the sexual and other abuses as a result of the impact they have had on his ability to develop basic life skills.

 

Regardless of this, his case was struck out due to the s50C(1)(a) of the Limitations Act 1969 (NSW). Had he brought the sexual abuse claim previously, it would have endured the same fate.

 

In light of the Royal Commission into Child Sexual Abuse we believe that it is in the best interests of justice and of the State to amend s50C(1)(a) of the Limitations Act 1969 (NSW) to allow for actions of the kind described above. 

 

Shane’s story is typical of a small but highly neglected group who have suffered immeasurably. Action needs to be taken to ensure that they are not prevented from seeking compensation in such unjust circumstances.

 

Thank you for your consideration of Shane’s circumstances. Yours faithfully,

 

* Legal firm acting on behalf of Shane.