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APPENDICES

Published online by Cambridge University Press:  18 November 2022

Stephen Winter
Affiliation:
University of Auckland

Summary

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/
APPENDICES

Appendix 1 Historic Currency Prices

This table of conversion factors provides readers with a guide to the historic value of currencies. The table displays factors the reader can use to convert monetary values given in the text to 2021 USD.

I derived the factors in the table as follows. First, I deflated the historic value of the currency by the GDP implicit price deflation factor for each year. That figure was converted into a percentage representing the historic value as a percent of the currency’s value in 2021. That inflated value was then multiplied by a conversion factor for 2021 USD. The 2021 USD conversion factors are:Footnote 1

AUD = 0.76382GBP = 1.40152
CDN = 0.81780NZD = 0.70997
EURO = 1.20393SEK = 0.11901

Historic GDP implicit prices were obtained from the Federal Reserve Bank of St. Louis, a component of the United States’ Federal Reserve System.Footnote 2 The prices for Euros is relative to Irish inflation as distinct from that of other European jurisdictions.

YEARAUDCDNIRISH €GBPNZDSEKUSD
19951.222481.21160No Data2.149121.042040.162851.47120
19961.212061.20211No Data2.109231.030630.161961.45885
19971.207931.196451.766542.112641.030500.160601.44583
19981.203341.199211.716032.097121.024650.159871.43729
19991.196321.182551.680082.083861.020650.159051.42722
20001.171271.157361.621192.066931.010260.157671.40852
20011.157691.153641.558412.048080.992310.155361.39119
20021.143241.140901.507662.026690.983230.153881.37943
20031.127761.121281.467391.997720.976420.152231.36319
20041.108431.098971.461851.969770.955500.151911.34003
20051.080141.077551.428801.934800.942640.151231.31241
20061.050501.060051.390851.902040.936840.149481.28487
20071.026711.041441.377071.868950.902660.146611.26182
20080.974831.000391.382891.829690.888840.143241.24275
20090.988751.028051.436171.808150.877500.140711.24161
20100.939991.009721.468901.790580.858300.139661.22833
20110.905950.982281.452921.763820.838830.138451.20520
20120.915800.973001.428181.742520.846030.137331.18885
20130.904980.957881.417741.712460.817090.136271.17209
20140.907030.940721.418371.690630.808200.134281.15138
20150.908580.947841.332291.863500.803590.131801.14126
20160.900570.943251.323811.656860.791420.129991.13186
20170.874780.926461.312581.630880.766030.127411.11212
20180.853180.905381.303871.601820.755950.124451.08519
20190.823790.897691.251801.571930.737980.121231.06598
20200.824060.886601.267371.483210.722810.119011.05227
20210.763820.817801.203931.401520.709970.119011.00000

To illustrate the table’s use, Chapter 7 gives the maximum payment value for New Zealand’s HCP’s Fast Track process as NZD$50,000. Most fast track payments were made in 2015, therefore, to understand the relative 2021 USD value, the reader would multiply 50,000 by the 2015 NZD conversion factor (0.80359):

0.80359 X 50,000 = 2021 USD$40,179.50.

If the reader wishes to know 2021 values in the original currency, they can revert to online calculators offered by national institutions:

1 30 June 2021 USD conversions from https://www.ofx.com/

2 The price date for each currency is 1 July of the respective year for Australia, Canada, New Zealand, and the USA. British, Swedish, and Irish prices are taken at 1 January.

Appendix 2 Interviews

Interview NumberIntervieweeStart TimeDateNumber of Interviewees
Ireland
IR Interview 1Advocate10306-Nov-141
IR Interview 2Advocate15006-Nov-142
IR Interview 3State143010-Nov-142
IR Interview 4State/Service130011-Nov-141
IR Interview 5State100012-Nov-141
IR Interview 6Advocate/Service103013-Nov-142
IR Interview 7State110018-Nov-142
IR Interview 8State143019-Nov-142
IR Interview 9Advocate103020-Nov-142
IR Interview 10State143020-Nov-141
IR Interview 11Service093028-Nov-141
Ireland Total Interviewees17
Australia
AU Interview 1Advocate/Service13002-Feb-161
AU Interview 2State10303-Feb-161
AU Interview 3State10304-Feb-163
AU Interview 4Service14306-Feb-162
AU Interview 5Service10005-Feb-161
AU Interview 6Advocate/Service13308-Feb-161
AU Interview 7Service10009-Feb-161
AU Interview 8State100010-Feb-161
AU Interview 9State133011-Feb-161
AU Interview 10Advocate/Service100015-Feb-161
AU Interview 11Advocate/Service130017-Feb-161
AU Interview 12State110018-Feb-161
AU Interview 13Advocate093019-Feb-161
AU Interview 14Advocate100023-Feb-161
AU Interview 15Advocate143023-Feb-161
AU Interview 16Service100025-Feb-162
AU Interview 17Advocate/Service120025-Feb-162
Australia Total Interviewees22
Canada
CA Interview 1Advocate/Service100031-Oct-161
CA Interview 2Advocate/Service130031-Oct-161
CA Interview 3State113016-Nov-161
CA Interview 4State140016-Nov-162
CA Interview 5Advocate113017-Nov-163
CA Interview 6State100018-Nov-163
CA Interview 7State093021-Nov-161
Canada Total Interviewees12
Aotearoa New Zealand
NZ Interview 1Advocate/Service150024-May-171
NZ Interview 2Advocate110013-Jun-172
NZ Interview 3State140013-Jun-171
NZ Interview 4State110014-Jun-173
NZ Interview 5State140014-Jun-171
NZ Interview 6State100017 & 25-Jul-171
NZ Interview 7State100018-Jul-171
NZ Interview 8Advocate110029-Jul-172
Aotearoa New Zealand Total Interviewees12
Combined Total Interviewees63

Appendix 3 Payment and Assessment Matrices

3.1. RIRB’s Matrix for Assessing Severity

Available PointsAbuse in CareConsequential Damage
Medically verified physical/psychiatric illnessPsycho-social damage*Loss of Opportunity
1–251–301–301–15

* Examples of injurious psycho-social damage included problems with family attachment, cognitive impairment, and substance abuse.

Source: Adapted from (The Compensation Advisory Committee 2002)

3.2. The RIRB’s Payment Matrix and Outcomes

Redress BandsPointsAward PayableNumber of PaymentsPercent of Total
V>70€200–300 000480.30%
IV55 to 69€150–200 0002801.8%
III40 to 54€100–150 000207313.31%
II25 to 39€50–100 000752348.28%
I< 25Up to €50 000565536.30%
Total15,579
Source: (McCarthy Reference McCarthy2016: 26)

3.3. Magdalene Redress Payment Matrix

Years spent in residenceResidenceLabourTotal
(up to 3 months)€ 10,000€ 1,500€ 11,500
1€ 14,500€ 6,000€ 20,500
2€ 20,500€ 12,000€ 32,500
3€ 26,500€ 18,000€ 44,500
4€ 32,500€ 24,000€ 56,500
5€ 38,500€ 30,000€ 68,500
6€ 40,000€ 36,000€ 76,000
7€ 40,000€ 42,000€ 82,000
8€ 40,000€ 48,000€ 88,000
9€ 40,000€ 54,000€ 94,000
10€ 40,000€ 60,000€ 100,000
10+ years€ 40,000€ 60,000€ 100,000
Source: Adapted from (Quirke Reference Quirke2013: 43) (Payments calculated per month of residence).

3.4. Queensland Redress Assessment Matrix

Type of harmWeighting% Range
Physical injury (including harm from Sexual Abuse and/or Neglect) – During Placement0–20Low 0–6%
Medium 7–15%
High 16–20%
Physical injury (including harm from Sexual Abuse and/or Neglect) – Post Placement0–5Low 0–1%
Medium 2–3%
High 4–5%
Physical illness – During Placement0–5Low 0–1%
Medium 2–3%
High 4–5%
Physical illness – Post Placement0–5Low 0–1%
Medium 2–3%
High 4–5%
Psychological injury/ Psychiatric illness (including harm from Sexual Abuse, Systems Abuse and/or Neglect) – During Placement0–34Low 0–10%
Medium 11–28%
High 29–34%
Psychological injury/ Psychiatric illness (including harm from Sexual Abuse, Systems Abuse and/or Neglect) – Post Placement0–16Low 0–4%
Medium 5–12%
High 13–16%
Loss of opportunity0–15Low 0–4%
Medium 5–12%
High 13–15%
Total0–100%
Source: (Royal Commission into Institutional Responses to Child Sexual Abuse 2015: 550-51)

3.5. Queensland Redress Payment Matrix

LevelSeverityPoints$AUD Value*
1N/A0–14$7000
2No payment0–14$0
Very Serious15–24$6000
Severe25–39$14,000
Extreme40–59$22,000
Very Extreme60–100$33,000
Source: (Adapted from Royal Commission into Institutional Responses to Child Sexual Abuse 2015: 118 & 551)

3.6. Redress WA Assessment Matrix

A PDF version of this table is available for download on Cambridge Core and via http://admin2.cambridge.org/files/4816/6548/5261/Appendix_Table_3.6.pdf

3.7. Redress WA Severity Standards

Descriptions
  • Excessive harsh discipline and emotional or physical abuse of an ongoing or sustained nature inconsistent with care standards of time with identified severe psycho-social or medical impacts

  • Loss of family contact/identity

  • Multiple placements resulting in isolation and depersonalisation over a sustained period of time

  • Denial of rights including educational opportunities over a sustained period with long term social impacts leading to loss of opportunity

  • Sexual abuse of a sustained or severe nature (ongoing incidents) resulting in severe psychological trauma and/or social impacts

  • Possible need for counselling or other assistance on a long term basis

  • In care for 10++ years

Extreme
  • Excessive harsh discipline and emotional or physical abuse of an ongoing or sustained nature inconsistent with care standards of time

  • Loss of family contact-identity

  • Multiple placements resulting in isolation and depersonalisation over a sustained period of time

  • Denial of rights including educational opportunities over a sustained period

  • Sexual abuse of a sustained or severe nature (single or ongoing incidents by a caregiver or someone authorised to supervise the child) resulting in severe psychological trauma and/or social impacts.

  • Counselling or other assistance likely to be required on an ongoing basis

  • In care 10+ years

  • Excessive harsh discipline and emotional or physical abuse of an ongoing or sustained nature inconsistent with care standards of time

  • Loss of family contact

  • Multiple placements resulting in isolation and depersonalisation over a sustained period of time

  • Denial of rights including educational opportunities over a sustained period

  • Sexual abuse of a sustained or severe nature or over a long period of time by a caregiver or someone authorised to supervise the child resulting in long term psychological harm

  • In care 8–10 years

Severe
  • Excessive harsh discipline and emotional or physical abuse of an ongoing or sustained nature inconsistent with care standards of time

  • Loss of family contact

  • Multiple placements resulting in isolation and depersonalisation over a sustained period of time

  • Denial of rights including educational opportunities over a sustained period

  • Sexual abuse advances which destroyed trust and innocence over a sustained period by a caregiver or someone authorised to supervise the child

  • In care 6–8 years

  • Excessive harsh discipline and emotional or physical abuse of an ongoing or sustained nature inconsistent with care standards of time

  • Loss of family contact resulting in ongoing psychological or social harm

  • Denial of rights including educational opportunities

  • Sexual advances of a mild or limited nature by a caregiver or someone authorised to supervise

  • In care 5–6 years

  • Excessive harsh discipline and physical abuse of an ongoing or sustained nature inconsistent with care standards of time

  • Denial of rights including, for example, loss of educational opportunities

  • Loss of family contact or identity for a sustained period of time

  • Moderate long term psychological, social or medical impacts

  • Sexual advances or abuse of a severe or ongoing nature by someone other than caregiver or person in authority

  • In care 4–5 years

  • Excessive and harsh discipline of a severe and ongoing nature inconsistent with care standard of [sic]

  • Denial of rights including, for example, loss of educational opportunities

  • Loss of family contact

  • Mild psychological or social impacts of an ongoing nature

  • Sexual advances or abuse of a limited or mild nature by someone other than caregiver or person in authority

  • In care 3–4 years

Serious
  • Excessive discipline/moderate physical abuse of an ongoing nature (multiple incidents/ongoing) inconsistent with care standards of time

  • Loss of family contact

  • Mild loss of rights, including educational opportunities

  • No allegations of sexual abuse

  • In care up to 3 years

Moderate
  • Harsh discipline/moderate physical abuse inconsistent with care standards of time

  • Short period

  • Minimal ongoing psycho-social impacts

  • No allegations of sexual abuse

  • In care up to 2 years

  • Harsh discipline/mild physical abuse inconsistent with care standards of time

  • Limited period of placement

  • Minimal ongoing impacts

  • No allegations of sexual abuse

  • In care up to 12 months.

Source (Government of Western Australia 2010: 65)

3.8. IAP Abuse and Harm

Acts ProvenCompensation Points
SL5

• Repeated, persistent incidents of anal or vaginal intercourse.

• Repeated, persistent incidents of anal/vaginal penetration with an object.

45–60
SL4

• One or more incidents of anal or vaginal intercourse.

• Repeated, persistent incidents of oral intercourse.

• One or more incidents of anal/vaginal penetration with an object.

36–44
SL3

• One or more incidents of oral intercourse.

• One or more incidents of digital anal/vaginal penetration.

• One or more incidents of attempted anal/vaginal penetration (excluding attempted digital penetration).

• Repeated, persistent incidents of masturbation.

26–35
PL• One or more physical assaults causing a physical injury that led to or should have led to hospitalization or serious medical treatment by a physician; permanent or demonstrated long-term physical injury, impairment or disfigurement; loss of consciousness; broken bones; or a serious but temporary incapacitation such that bed rest or infirmary care of several days duration was required. Examples include severe beating, whipping, and second-degree burning.11–25
SL2

• One or more incidents of simulated intercourse.

• One or more incidents of masturbation.

• Repeated, persistent fondling under clothing.

11–25
SL1

• One or more incidents of fondling or kissing.

• Nude photographs taken of the Claimant.

• The act of an adult employee or other adult lawfully on the premises exposing themselves.

• Any touching of a student, including touching with an object, by an adult employee or other adult lawfully on the premises which exceeds recognized parental contact and violates the sexual integrity of the student.

5–10
OWA

• Being singled out for physical abuse by an adult employee or other adult lawfully on the premises which was grossly excessive in duration and frequency and which caused psychological consequential harms at the H3 level or higher.

• Any other wrongful act committed by an adult employee or other adult lawfully on the premises which is proven to have caused psychological consequential harms at the H4 or H5 level.

5–25
Source: (Canada et al. 2006: Schedule D)

3.9. IAP Consequential Harms

Level of HarmConsequential HarmPoints
H5

Continued harm resulting in serious dysfunction.

Evidenced by: psychotic disorganization, loss of ego boundaries, personality disorders, pregnancy resulting from a defined sexual assault or the forced termination of such pregnancy or being required to place for adoption a child resulting therefrom, self- injury, suicidal tendencies, inability to form or maintain personal relationships, chronic post-traumatic state, sexual dysfunction, or eating disorders.

20–25
H4

Harm resulting in some dysfunction.

Evidenced by: frequent difficulties with interpersonal relationships, development of obsessive-compulsive and panic states, severe anxiety, occasional suicidal tendencies, permanent significantly disabling physical injury, overwhelming guilt, self-blame, lack of trust in others, severe post-traumatic stress disorder, some sexual dysfunction, or eating disorders.

16–19
H3

Continued detrimental impact.

Evidenced by: difficulties with interpersonal relationships, occasional obsessive-compulsive and panic states, some post-traumatic stress disorder, occasional sexual dysfunction, addiction to drugs, alcohol or substances, a long term significantly disabling physical injury resulting from a defined sexual assault, or lasting and significant anxiety, guilt, self-blame, lack of trust in others, nightmares, bed-wetting, aggression, hyper-vigilance, anger, retaliatory rage and possibly self-inflicted injury.

11–15
H2

Some detrimental impact.

Evidenced by: occasional difficulty with personal relationships, some mild post-traumatic stress disorder, self-blame, lack of trust in others, and low self-esteem; and/or several occasions and several symptoms of: anxiety, guilt, nightmares, bed-wetting, aggression, panic states, hyper-vigilance, retaliatory rage, depression, humiliation, loss of self-esteem.

6–10
H1

Modest Detrimental Impact.

Evidenced by: occasional short-term, one of: anxiety, nightmares, bed-wetting, aggression, panic states, hyper-vigilance, retaliatory rage, depression, humiliation, loss of self-esteem.

1–5
Source: (Canada et al. Reference Canada2006: Schedule D)

3.10. IAP Aggravating Factors

Add 5–15% of points for Act and Harm combined
Verbal abuse
Racist acts
Threats
Intimidation/inability to complain; oppression
Humiliation; degradation
Sexual abuse accompanied by violence
Age of the victim or abuse of a particularly vulnerable child
Failure to provide care or emotional support following abuse requiring such care
Witnessing another student being subjected to an act set out on page 3
Use of religious doctrine, paraphernalia or authority during, or in order to facilitate, the abuse
Being abused by an adult who had built a particular relationship of trust and caring with the victim (betrayal)
Source: (Canada et al. Reference Canada2006: Schedule D)

3.11. IAP Future Care

Future CareAdditional Compensation
General – medical treatment, counsellingup to $10,000
If psychiatric treatment required, cumulative totalup to $15,000
Source: (Canada et al. 2006: Schedule D)

3.12. IAP Consequential Loss of Opportunity

Consequential Loss of OpportunityPoints
OL5Chronic inability to obtain employment21–25
OL4Chronic inability to retain employment16–20
OL3Periodic inability to obtain or retain employment11–15
OL2Inability to undertake/complete education or training resulting in underemployment, and/or unemployment6–10
OL1Diminished work capacity – physical strength, attention span1–5
Source: (Canada et al. 2006: Schedule D)

3.13. IAP Points to Payment Conversion

Compensation PointsCompensation ($)
1–10$5,000–$10,000
11–20$11,000–$20,000
21–30$21,000–$35,000
31–40$36,000–$50,000
41–50$51,000–$65,000
51–60$66,000–$85,000
61–70$86,000–$105,000
71–80$106,000–$125,000
81–90$126,000–$150,000
91–100$151,000–$180,000
101–110$181,000–$210,000
111–120$211,000–$245,000
121 or moreUp to $275,000
Source: (Independent Assessment Process Oversight Committee 2021: 95)

3.14. New Zealand’s HCP Assessment Matrix (Fast Track Process)

Category 1
NZD$50,000
Prolonged and Serious Abuse
The claimant has suffered:
• Serious physical abuse perpetrated by a staff member or caregiver; and/or
• Serious sexual abuse perpetrated by a staff member or caregiver; and
that abuse has been repeated and sustained over a significant period of time. The abuse may have occurred in one placement or multiple placements.
It is expected that most claimants in this category will have suffered both serious physical and serious sexual abuse.
This category also includes claimants who have suffered serious abuse and have also been subject to significant periods of false imprisonment.
Definitions:
Serous physical abuse in this category may be defined as closed fist punching; the use of implements and kicking/stomping that results in broken bones or other trauma and would ordinarily require medical attention or hospitalisation.
Serious sexual abuse in this category may be defined as sexual violation or any other sexual offence that carries a maximum sentence of 10 years or more.
False imprisonment is as legally defined – ie, held without any legal cause and includes being held in any form of alternate care without legal basis.
Category 2
NZD$40,000
Serious Abuse – Multiple Incidents
The claimant has suffered:
• Serious physical abuse perpetrated by one or more staff members or caregivers on more than 3 occasions; and/or
• Serious sexual abuse perpetrated by one or more staff members or caregivers on more than 3 occasions; or
• Has been subject to significant periods of false imprisonment.
It is expected that most claimants in this category will have suffered both serious physical and serious sexual abuse.
This category is distinguished from Category 1 by the fact that the abuse is not over such a prolonged and sustained period of time.
Definitions:
Serous physical abuse in this category may be defined as closed fist punching; the use of implements and kicking/stomping that results in broken bones or other trauma and would ordinarily require medical attention or hospitalisation.
Serious sexual abuse in this category may be defined as sexual violation or any other sexual offence that carries a maximum sentence of 10 years or more.
False imprisonment is as legally defined – ie, held without any legal cause and includes being held in any form of alternate care without legal basis.
Category 3
NZD $30,000
Serious Abuse
The claimant has suffered:
• Serious physical abuse perpetrated by one or more staff members or caregivers on three (3) or fewer occasions; and/or
• Serious sexual abuse perpetrated by one or more staff members or caregivers on three (3) or fewer occasions; or
• Has been subjected to more than three (3) weeks in secure care without reasonable cause, and
• Has suffered physical or sexual abuse either while in secure care or in other placements.
Definitions:
Serous physical abuse in this category may be defined as closed fist punching; the use of implements and kicking/stomping that results in broken bones or other trauma and would ordinarily require medical attention or hospitalisation.
Serious sexual abuse in this category may be defined as sexual violation or any other sexual offence that carries a maximum sentence of 10 years or more.
False imprisonment is as legally defined – ie, held without any legal cause and includes being held in any form of alternate care without legal basis.
Category 4
NZD$20,000
Moderate Abuse
The claimant has suffered:
• Moderate physical abuse perpetrated by one or more staff members or caregivers; and/or
• Moderate sexual abuse perpetrated by one or more staff members or caregivers; or
• Serious sexual abuse (as previously defined) by other residents; or
• Has been subjected to more than three (3) weeks in secure care without reasonable cause.
Definitions:
Moderate physical abuse in this category may be defined as assaults with or without hands that result in visible injury such as bruising or abrasions and ordinarily the need for medical attention.
Moderate sexual abuse in this category may be defined as offences that attract a maximum penalty of less than 10 years.
Without reasonable cause is defined as there being no identifiable or document rationale for placement in secure beyond that period of time.
Category 5
NZD$12,000
Low Level Abuse
The claimant has suffered:
• Low level physical abuse perpetrated by one or more staff members or caregivers; and/or;
• Low level sexual abuse perpetrated by one or more staff members or caregivers or;
• Sexual abuse (as previously defined) by other residents; or
• Held in secure care for less than three (3) weeks without reasonable cause, and has suffered low level physical abuse.
This category includes more serious sexual assaults by other children or young people that do not constitute the same breach of trust as above.
Definitions:
Physical abuse defined physical punishment beyond the standard allowed or assaults with or without hands that result in no injury other than bruising.
Sexual abuse defined as watching, inappropriate touching and exposure.
Category 6
NZD$5000
Claims with Insufficient Particulars
The claimant has made:
  • claims of physical abuse or ill-treatment where the claimant has been unable to provide sufficient particulars, or where the claimant readily identifies a practice failure that did not result in abuse.

Source: AnonymousFootnote 1

1 In response to an Official Information Act request, I was sent the numerical steps that occupy the left-hand column (MSD 20 September 2017, on file with the author). However, the descriptions were blanked out and I had to get them from an anonymous source.

Footnotes

1 30 June 2021 USD conversions from https://www.ofx.com/

2 The price date for each currency is 1 July of the respective year for Australia, Canada, New Zealand, and the USA. British, Swedish, and Irish prices are taken at 1 January.

1 In response to an Official Information Act request, I was sent the numerical steps that occupy the left-hand column (MSD 20 September 2017, on file with the author). However, the descriptions were blanked out and I had to get them from an anonymous source.

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  • APPENDICES
  • Stephen Winter, University of Auckland
  • Book: Monetary Redress for Abuse in State Care
  • Online publication: 18 November 2022
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  • APPENDICES
  • Stephen Winter, University of Auckland
  • Book: Monetary Redress for Abuse in State Care
  • Online publication: 18 November 2022
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  • APPENDICES
  • Stephen Winter, University of Auckland
  • Book: Monetary Redress for Abuse in State Care
  • Online publication: 18 November 2022
Available formats
×