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✓ ABC NewsPower & Policy

23-month wait for records blocked abuse survivor's civil lawsuit

Sam Morgan waited 23 months for her records. She needed them to pursue a civil claim against the state.

Sam Morgan said she suffered sexual and physical abuse in foster care. This happened at a Tasmanian government school in the 1980s.

When she was ready to sue the state, she asked for her records. She used Tasmania's Right to Information system.

Her lawyer needed these records to build the case. The education department took 23 months to release them.

Morgan's wait forced her to make a hard choice. She had already been offered $100,000 through the National Redress Scheme.

But accepting it would bar her from pursuing a civil claim. That claim could award far more.

Her lawyer says many other abuse survivors facing RTI delays cannot afford to wait. Tasmania's ombudsman raised serious concerns about backlogs in the education department.

He noted that "backlog reduction strategies" had "not yet achieved significant progress". The department says it is now adding staff to speed up requests.

23 months for records
Wait period
$100,000
NRS payment offered
$150,000
NRS cap
1980s
Abuse timeframe

Why it mattersBureaucratic delays force abuse survivors to make hard choices. They can accept lower pay or give up legal claims. Either way, power shifts away from victims.

AustraliaIn Tasmania, victims of institutional abuse seeking justice through the courts are blocked by government delays in releasing their own records.

✓ Claims checked against the source and corrected before publish. checked 2 h ago

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