Last week, South Australia became the first jurisdiction to ban claim farming in relation to both personal injury claims and the National Redress Scheme.
Knowmore Legal Service welcomes the passing of the new law, which will provide the strongest protections against claim farming for victims and survivors of child abuse that Australia has seen.
“This is a massive step towards protecting survivors of child abuse who pursue redress and justice making options. South Australia has raised the bar, and the rest of the country should take notice,” said Jackie Mead, CEO of Knowmore.
Claim farming is an exploitative business practice that involves someone contacting a survivor without their permission and selling their information to a law firm, which then locks the survivor into a costs agreement with fees to be paid to the claim farmer.
Knowmore assists many survivors of child abuse who have experienced claim farming and been retraumatised by the experience. Survivors tell us they feel harassed, pressured, confused and taken advantage of by claim farmers.
Gary Oliver, Executive Director Strategy and First Nations Engagement at Knowmore, said, “This reform is especially significant for First Nations survivors of child sexual abuse, who already face many barriers in accessing justice and redress. Claim farming practices have exploited those barriers and caused deep distress, retraumatising people who have already endured so much. By taking this decisive step, South Australia has set a benchmark for protecting survivors from predatory practices and ensuring their voices are heard and respected.
At Knowmore, we walk alongside many First Nations survivors and have seen first-hand the damage claim farming can cause. We commend the leadership shown in South Australia and urge other governments to follow suit so that all survivors, no matter where they live, can feel safe in seeking the justice and healing they deserve.”
While Queensland and New South Wales have passed more limited protections, South Australia is the first jurisdiction to ban claim farming in regard to redress under the National Redress Scheme.
Ms Mead said that claim farming is a nation-wide problem, and it requires a nation-wide response.
“The laws passed by the South Australian Parliament present a suitable model for providing protections to survivors in other jurisdictions,” said Ms Mead.
Knowmore calls on all state and territory governments to urgently introduce laws to stop claim farming to ensure that survivors throughout Australia are protected from these predatory and exploitative practices.
“We commend the Honourable Kyam Maher MLC, for leading the development of the new claim farming law. We have appreciated the opportunity to work together to strengthen the law to better protect victims and survivors of child abuse,” said Ms Mead.
Knowmore hopes that the new law will commence swiftly.
Knowmore is a community legal centre that provides free, independent legal advice and multidisciplinary support for survivors of child sexual abuse.
For more information or to arrange media interviews with Jackie Mead, Gary Oliver or a local representative, contact media officer Barbara Charan on 0432 681 037 or email via Barbara.charan@knowmore.org.au