NSW Sue Australian Government Department Over Old Case?

[Jessie]

Can I sue an Australian Government department in court over a historic case? If so, what do I need to do under Australian Law?

 

[Sarah J]

Are you related to the facts of the case? (i.e. do you have sufficient interest in the subject matter of the case to sue?)

If the case is settled and you are related to the case, you will be looking at appeal. Do you have grounds for appeal?

 

[Sophea]

Are you talking about a legal action or court file that has already been filed years ago? Or a matter that is "historic" in nature but has never been the subject of a cause of action. In the latter case, depending on what the cause of action is, statutory limitations may apply and bar the institution of proceedings.

 

[APT]

Statutes of Limitation is a b***h.... Squatters never "own the land" they squat, or get title by that fact.... It is simply a matter that if you did not commence proceedings to get rid of the squatter, and he can prove 12 years he has been there... Statute of limitation bars you from commencing proceedings unfortunately... its different time frames for different civil proceedings or Torts

 

[Jessie]

Are you talking about a legal action or court file that has already been filed years ago? Or a matter that is "historic" in nature but has never been the subject of a cause of action. In the latter case, depending on what the cause of action is, statutory limitations may apply and bar the institution of proceedings.

Hi
I don't want to waste anyone's time in here, all I am asking is do I have a case against Department of Community Services (DOCS) for neglecting to investigate reports of child sexual abuse? This happened when I was 12 years old I was under their care for three years, I am now 49 years old and every day I think about how I could have escaped three of the thirteen years that my father was abusing me, I blame this on the case worker I had who DID NOT believe I needed to be helped.

I want to know can I take any legal action ?

 

[APT]

What State are you in? There may be a way.... Perhaps even criminal... You will need to get hold of some sort of evidence... and maybe start with FOI to the department responsible for this...

 

[Jessie]

What State are you in? There may be a way.... Perhaps even criminal... You will need to get hold of some sort of evidence... and maybe start with FOI to the department responsible for this...

Hi
I am in NSW, not sure where to get evidence from as I was told it would have been archived somewhere

 

[Sarah J]

Hi Jessie,

You may have recourse however as your matter is quite complicated, you should probably try approaching a lawyer (try a community legal centre). In terms of accessing your information from the department, you could try Information and Privacy Commission as the department is a government department and enquiring how to go about requesting your personal files. Have you tried contacting the Department of Community Services directly to request a copy of your personal file/information?

 

[John R]

Hi @Jessie,
Have you seen this case in the media? Former Community Services worker sued for failing to protect sisters from sexually abusive stepfather - ABC News (Australian Broadcasting Corporation)

 

[APT]

Hi
I am in NSW, not sure where to get evidence from as I was told it would have been archived somewhere

You can request it through FOI, once you have obtained the documents... you can begin to plead it... though a lawyer is generally the way to do it... It can be a nightmare trying to get the right format, esp if you are thinking a SC jurisdiction....