'Really unfair': Victim-survivor's almost two-year wait for her own records

For years, Sam Morgan kept the memories of the abuse she allegedly experienced while in foster care and at a Tasmanian government school buried.

When she was ready to seek justice, Ms Morgan made a Right to Information (RTI) request to have her foster care and school records, held by the state's education department, sent to her lawyer so she could start a civil court claim against the state.

It took 23 months for the documents to arrive.

"When it drags on for two years … the anxiety just becomes horrific,"

she said.

Ms Morgan alleges she was physically abused by a foster carer when she was aged 12 or 13, and sexually abused by a foster carer when she was a teenager. She also alleges she was physically abused at a Tasmanian government high school.

The abuse allegedly happened in the 1980s.

Ms Morgan said she was out having a coffee with her daughter when she found out the files had finally been received by her lawyer.

"It was a big surprise but a huge relief. I cried when I got home because it was just a relief," she said.

Her lawyer, Azita Arian, an associate in the abuse law team at Maurice Blackburn, said Ms Morgan was not the only person whose civil court abuse case had been held up because of delays in obtaining records.

"These are people who were abused in state care and they shouldn't have to wait almost two years to access their records," Ms Arian said.

She said the records were important because they helped establish when and where people were placed and could help identify foster carers and workers who are relevant to the claim.

She said, in some cases, the files may also document any disclosures of abuse.

Delays reducing choice

Ms Arian said the delays were reducing the choices victim-survivors had when seeking justice.

One of the options they have is the National Redress Scheme (NRS), which does not require the same level of documentation and evidence as a civil court claim, but compensation payments under the scheme are capped at $150,000.

Ms Arian said Ms Morgan had applied to the NRS and was offered a payment of $100,000.

After receiving advice that accepting the payment would essentially bar her from pursuing a civil claim, Ms Morgan has not accepted the offer.

Ms Arian said she had many clients also facing long waits for their records who could not afford to wait.

"Survivors are effectively tunnelled towards redress by default,"

she said.

Ms Morgan said the delays seemed "to just be really unfair".

"It's almost like the government does it to get people to pull out."

Ombudsman 'aware of the backlog'

Tasmania's ombudsman has also noted concerns about the delays with RTI applications to the education department.

In an email sent to Ms Morgan's lawyers in May, an officer from Ombudsman Tasmania said their office was "aware of the backlog of requests with the Department for Education, Children and Young People (the department) and concerned by the situation".

"Ombudsman Tasmania staff have been regularly meeting with the department to discuss concerns about the backlog," the officer wrote.

They said the department's "backlog reduction strategies" had "not yet achieved significant progress and the situation is being actively monitored".

The officer also said they were "aware of some applications such as those of your client that have been waiting 18 plus months".

Department 'committed to reducing the wait time'

A spokesperson for the Department for Education, Children and Young People said the department was "committed to reducing the wait time to fulfil RTI requests".

"Changes implemented this year, including additional and more senior resources, are expected to further address processing timeframes," they said.

"We will continue to actively engage with applicants or their advocates to identify and prioritise the critical information they need."

Justice Minister Guy Barnett, who has overall responsibility for Tasmania's RTI laws, was also contacted for comment.

An independent review of Tasmania's Right to Information framework last year found there had been a "rapid growth in volume of applications for access to personal information".

The authors, RTI expert Rick Snell and human rights lawyer Tim McCormack, wrote in their report that they considered the formal RTI application process was "ill-suited for handling requests to access personal information".

They recommended a new system that would protect privacy while letting individuals access their own information.

The Commission of Inquiry into the Tasmanian Government's Responses to Child Sexual Abuse in Institutional Settings also made recommendations aimed at streamlining the process for victim-survivors.

These recommendations were listed as being "in progress" in the government's most recent progress report.

Ms Morgan said she was fortunate to be able to wait the 23 months it took for her records to come through, but it was only the start of the process.