A reform article by Professor Simone Degeling (UNSW) and Professor Kit Barker (UQ) suggests ways in which the design of reparations schemes in respect of historic abuse can be improved by drawing upon the experience, values and principles of private law.

The article considers Defence Abuse Reparations Scheme (DART), the model of redress proposed by the Catholic Church and the proposals of the Commonwealth Royal Commission into Institutional Responses to Child Sexual Abuse. It suggests that reparation means doing a fuller form of corrective justice than these schemes currently propose.

Article

Degeling, Simone and Barker, Kit (2017). Designing reparation: lessons from private law. In Ron Levy, Molly O’Brien, Simon Rice, Pauline Ridge and Margaret Thornton (Ed.), New directions for law in Australia (pp. 321-328) Canberra, ACT, Australia: ANU Press.

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Project members

Professor Kit Barker

Professor
TC Beirne School of Law