Friday 26 May 2023 & Saturday 27 May 2023

Complex Trauma and The Law: Putting the Pieces Together

About the Event

Did you know that…

  • Survivors of historical abuse could access FREE legal advice in WA?
  • Not all legal proceedings result in survivors of childhood abuse being retraumatised in a witness stand - do you know what the alternatives are?
  • Perpetrators of historical abuse need not always participate in the legal proceedings; for instance, survivors could also receive compensation after a perpetrator has passed away.
  • Some trauma survivors could claim compensation, even if a person has not been identified, charged or convicted of the offence.
  • Eligible survivors may receive compensation of up to $150,000 (the average redress payment is around $80,000), in addition to payment for counselling and psychological support.
  • WA-based lawyers do not have automatic full access to confidential communication between a psychotherapist and their client - do you know when to respond to a subpoena, and with what information?

The legal processes associated with claiming compensation for abuse can be quite opaque. The purpose of this symposium is to elucidate the different pieces of the jigsaw and clarify how they fit together.

The rare opportunity, involving some of the most senior and widely respected barristers in Western Australia, will cover a range of topics pertinent to complex trauma and the law including:

  • The different civil and criminal options; and the costs and benefits of each
  • What the process might look like for survivors
  • Ways in which a mental health professional might support their client
  • A multi-disciplinary conversation about how we might better support each other’s work, in the best interests of survivors

You should leave with a better understanding of:

  • The survivor’s experience of the process
  • The legal practitioner’s part of the process
  • The clinician’s part in the process
  • The need for a trauma-informed multi-disciplinary approach to legal compensation

Program

Date
  Friday 26th May 2023
Program
 
Time Activity
8:15am - 8:45am Registration
8:45am - 9:00am Welcome & Housekeeping
9:00am - 10:30am The necessity of trauma-informed care in the legal process
10:30am – 11:00am Morning tea
11:00am - 12:30pm Survivors' lived experience of the legal process
12:30pm - 1:30pm Lunch
1:30pm - 3:00pm Justice and redress for survivors in Western Australia
3:00pm - 3:30pm Afternoon tea
3:30pm - 5:00pm Criminal Injuries Compensation - How does it work?
Date
  Saturday 27th May
Program
 
Time Activity
8:30am - 9:00am Registration & Morning coffee
9:00am - 9:30am Reporting retrospective abuse to the police
9:30am - 10:30am What does the Criminal Court process entail?
10:30am - 11:00am Morning tea
11:00am - 12:30pm Filing a Civil Court claim for childhood abuse (including alternative dispute resolution & mediation)
12:30pm - 1:30pm Lunch
1:30pm - 2:30pm What do survivors need? The role of memory and recall
2:30pm - 3pm Accommodating for dissociation during legal proceedings
3:00pm - 3:30pm Afternoon tea
3:30pm - 5:00pm Multi-disciplinary Think Tank: "How can we address re-traumatisation?"

Who is this workshop for?

This unique opportunity to hear from some of the most respected barristers in Western Australia, is open to survivors, members of the public, and all service providers who work professionally with clients who have experienced complex trauma.

About the Presenter/s

Presenter Name
  Ms Charmaine Holyoak-Roberts
Presenter Position
  Chief Assessor - Office of Criminal Injuries Compensation - Department of Justice
Presenter Blurb
 

Charmaine has been a lawyer for more than 20 years. She graduated with a Master of Laws from the University of Western Australia in 2014; and worked as a barrister specialising in personal injuries, probate, and deceased estates at John Toohey Chambers in Perth for many years.

Prior to her appointment as Chief Assessor Criminal Injuries Compensation in February 2019, she was employed at the regulator of the workers’ compensation and injury management scheme in Western Australia, WorkCover WA. Her career in the legal profession has lent itself to a strong sense of social justice and an interest in work involving vulnerable people in the context of personal injuries and deceased estates.

Charmaine and her colleague Assessor Renêa Bayly (see below) will introduce the audience to the Office of Criminal Compensation and how the process might work for survivors.

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Presenter Name
  Ms Renêa Bayly
Presenter Position
  Assessor at the Office of Criminal Injuries Compensation for the Department of Justice
Presenter Blurb
 

Renêa is an Assessor of Criminal Injuries Compensation appointed in April 2019. Her background is as a solicitor in personal injuries, having worked in the area since 2001.

Prior to joining the office of Criminal Injuries Compensation, she was head of the Sexual Abuse team at a leading law firm in Perth that focuses exclusively on personal injury law.

Renêa and Chief Assessor Charmaine Holyoak-Roberts (see above) will introduce the audience to the Criminal Injuries Compensation process and all it entails.

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Presenter Name
  knowmore Legal Service
Presenter Position
  Multi-Disciplinary Team (Perth office)
Presenter Blurb
 

knowmore is a free and independent legal service, with offices across Australia. They utilise a trauma-informed, culturally safe, person-centred approach in the delivery of our services, via a multidisciplinary model.

The knowmore service was established by the Australian Government in response to the Royal Commission into Institutional Responses to Childhood Sexual Abuse, to provide advice to survivors of child sexual abuse about justice and redress. The knowmore team also helps survivors to apply to the National Redress Scheme and Criminal Injuries Compensation  or refer them to a panel of reputable law firms for advice on other options and avenues for compensation.

knowmore stands out with their multidisciplinary approach, including the services of a lawyer, a counsellor/social worker, an Aboriginal Engagement Adviser, and Financial Counsellor.

The service will be introduced by Richa Malaviya and Amanda Whelan (see introductions below).

Presenter Name
  Mr Geoffrey Bourhill SC
Presenter Position
  Barrister
Presenter Blurb
 

Geoff was admitted to legal practise in 1981 and has spent all of his professional life representing the interests of parties in litigation arising from personal injury - initially plaintiffs, but for most of that time, defendants.

For the first 35 years, his involvement was as solicitor, primarily on instructions from insurers.

In 2016, he joined the independent bar and since then has operated solely as a barrister. In that role, since 2018, he has been involved in the conduct of claims by survivors of complex trauma.

Geoff, together with David Bayly (see introduction below) will introduce attendees to the inner workings of the Civil Court process; and Geoff will focus more specifically on the defendant's perspective.

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Presenter Name
  Mr Tim Hammond SC
Presenter Position
  Barrister
Presenter Blurb
 

Regrettably, personal circumstances required Tim to withdraw from presenting at the symposium.

[Tim's litigation background is predominantly in the area of of civil litigation with a focus on on personal injuries compensation.

He has expertise acting in medical negligence claims, workplace, motor vehicle and catastrophic injury cases and in employment & industrial relations matters. He specialises in representing victims of asbestos disease and also represents survivors of institutional child sexual abuse.

From 2016 to 2018, Tim was the Federal Member for Perth.]

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Presenter Name
  Survivors with a lived experience of complex trauma
Presenter Position
  Various perspectives
Presenter Blurb
 

A number of survivors have bravely agreed to talk about their lived experiences with complex trauma, and the ways in which they have navigated the legal process.

As a survivor, they each bring a unique perspective. Their varied experiences will give anyone supporting a survivor through a legal process some insight into what helped and what hindered.

Presenter Name
  Ms Kati Kraszlan
Presenter Position
  Commissioner for Victims of Crime - Department of Justice
Presenter Blurb
 

Ms Kati Kraszlan was appointed the Western Australian Commissioner for Victims of Crime in August 2020.

Kati has spent many years in the Department of Justice, where she was part of the design and implementation of both the Drug Court and the Joondalup Family Violence Court, as well as developing the international award-winning West Kimberley Regional Prison.

While Acting Commissioner from 2017, Kati helped facilitate the State’s new family violence laws, delivered the National Redress Scheme in WA for victims of institutional child sexual abuse, helped develop a fund for the funerals of homicide victims, and the introduction of the State’s landmark ‘revenge porn’ laws.

Kati's passion is to help victims of crime navigate the complexity of the criminal justice system.

She will be speaking about police reporting and other aspects of the criminal justice response at the symposium.

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Presenter Name
  Mr Michael Martin
Presenter Position
  Coordinator of the National Redress Scheme - WA Commissioner for Victims of Crime - Department of Justice
Presenter Blurb
 

Michael has more than 40 years of experience in human services delivery. He is a highly experienced Accredited Mental Health Social Worker (AMHSW) and has worked across diverse settings and roles in both the non-profit and for-profit sectors.

In his current role as Coordinator of the Redress Coordination Unit in the Office of the Commissioner for Victims of Crime, he manages the WA Government's relationship with the National Redress Scheme for Survivors of Institutional Sexual Abuse (NRS). He acts as principal mediator for ‘Direct Personal Responses’ (ie apologies) to survivors from the institutions in which they were abused. He also coordinates the provision of Counselling and Psychological Care (CPC) to survivors, as provided through awards from the NRS.

Michael has previously provided trauma-informed counselling, advocacy, and practical assistance to adult victims of child sexual abuse involved in the Royal Commission into Institutional Responses to Child Sexual Abuse at knowmore Legal Service and Relationships Australia (WA).  Subsequent to the Royal Commission, he was Client Services Manager of the Perth office of knowmore legal service.

Michael also has experience in providing preparation and court support to child and adult victims of crime as a Victim Support and Child Witness Worker for the WA Department of Justice.

Michael will draw from both the literature and his personal observations to share how survivors tend to present during legal proceedings, with special reference to the role of memory and recall.

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Presenter Name
  Judge Linda Black
Presenter Position
  Judge of the District Court of Western Australia
Presenter Blurb
 

Judge Linda Black was appointed as a Judge of the District Court of Western Australia from 1 August 2022.

She was a State Prosecutor at the Office of the Director of Public Prosecutions for almost a decade before returning to private practice specialising in criminal, disciplinary, regulatory and human rights law.

She worked as a lawyer for more than two decades with most of that time in the criminal courts defending and prosecuting some of WA's highest profile and complex matters. She was one of the State's leading barristers and a specialist jury trial advocate.

Linda is a keen musician, an animal welfare advocate, and a mother.

She will explain to the audience how the criminal process works; the benefits and disadvantages of this approach to justice; offer pointers on dealing with subpoenas, being an expert witness, and writing court reports; and more.

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Presenter Name
  Richa Malaviya
Presenter Position
  Managing Lawyer - knowmore Legal Service (Perth office)
Presenter Blurb
 

Richa is the Managing Lawyer in knowmore's multi-disciplinary team in Perth. She competed a Bachelor of Arts, Bachelor of Laws and Master of Human Rights Law and Social Policy; and was  Vice President of Amnesty International in Western Australia. Richa consulted at Aboriginal Family Legal Services as well as at Djinda Service, a Women's Legal Service in WA.

Richa and her colleague Amanda Whelan (see below) will introduce the audience to survivors' options for justice and redress in Western Australia, and discuss knowmore Legal Services' might be able to assist in this process.

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Presenter Name
  Ms Amanda Whelan
Presenter Position
  Director of Client Services - knowmore Legal Service (Perth office)
Presenter Blurb
 

Amanda was born and raised in Kalgoorlie, WA and spent the first ten years of her working life in the Goldfields-Esperance region.  She is a social worker with more than 25 years’ experience working with vulnerable communities affected by trauma, both in Western Australia and Queensland.

As Director of Client Services, Amanda helps lead knowmore’s national service delivery work with a focus on multidisciplinary, trauma-informed practice and workplace wellbeing strategies; and ensuring that clients get the high-quality services they are promised.

In 2019, Amanda authored the Shelter from the Perfect Storm Wellbeing and Resilience toolkit for the CLC sector on behalf of knowmore.  Since that time, Amanda has led the development and delivery of a suite of training in the ‘Shelter’ series; as well as trauma-informed practice training for the legal sector.

Amanda has presented at a number of conferences and delivered Master classes on trauma-informed practice and worker wellbeing to the legal services sector across Australia.

This time round, she will be presenting with her colleague, Richa Malaviya (see above), to introduce the audience to survivors' options for justice and redress in Western Australia.

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Presenter Name
  Mr George Kingsley Ll.M
Presenter Position
  Former Registrar of the District Court in WA
Presenter Blurb
 

In George's former role as Registrar of the District Court in Western Australia, he was responsible for a range of administrative and clerical court matters, including:

  • Arranging listings and court sittings, including circuit sittings
  • Maintaining court records, arraigning accused, empanelling juries, administering oaths, managing exhibits, and filing and lodging legal forms
  • Liaising with the judiciary, legal profession, litigants, witnesses and other court users to ensure efficient court hearings
  • Legal and research services
  • Helping members of the public with queries

Up until his recent retirement, George had been involved in dispute resolution for more than 30 years; and he brings significant knowledge about the legal process for survivors of historical abuse.

George will add his considerable experience to our Think Tank conversation on Saturday afternoon, when we will brain storm how to address retraumatisation.

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Presenter Name
  Ms Kirsty Pratt
Presenter Position
  Team Coordinator - Abuse (Bradley Bayly Legal) | Co-Chair - Victims of Crime Reference Group (Department of Justice)
Presenter Blurb
 

Kirsty comes to the complex-trauma space through lived experience, which has been the driving force for many years of powerful advocacy and political activism in support of survivors. In 2017/18, Kirsty staged a parliamentary sit-in, leading to important law reform for survivors of childhood sexual abuse. This law reform directly led to an abrupt change in career direction for Kirsty, who is now the Co-ordinator for a team of Abuse Law specialists at a leading WA personal injury law firm.  Awarded for “always sticking up for the little guy” and for her strong community engagement through her work, Kirsty has twice shared a podium with Erin Brockovich and has delivered speeches several times at TEDx events.

Kirsty will open the symposium on Friday morning, by presenting on the necessity of trauma-informed care in the legal process.

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Presenter Name
  Dr Kate Burton
Presenter Position
  Psychotherapist
Presenter Blurb
 

Dr Burton is a clinician and mental-health advocate, focused on raising awareness in the areas of neurodivergence, complex trauma related disorders, and student wellbeing.

As a psychotherapist, she specialises in the assessment and therapeutic support of gifted and creative children, adolescents and adults. She additionally advises schools in relation to the psychosocial well-being of gifted students. Her doctoral research examined giftedness in relation to trauma theory, addiction and self-destructive behaviour. She is a published academic; an international and guest speaker; and is regularly asked to provide media commentary in relation to mental health and neurodivergence.

Kate is a passionate advocate for raising awareness in relation to the necessity of a trauma-informed approach across all sectors. She will be introducing the audience to dissociative phenomena, and offer practical strategies for helping to manage this during high-stress experiences.

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Presenter Name
  Mr Mal Cooke
Presenter Position
  Lawyer | Director & Principal: Neometric
Presenter Blurb
 

Mal is a director and principal of Neometric, an incorporated legal practice that partners with organisations to strengthen internal and external alignment to their purpose.

Mal was a commercial litigator in a global firm for over two decades, and brings deep experience of the civil justice frameworks and the barriers that they present. As part of his former firm’s pro bono practice, he has represented highly marginalised individuals in their battles with the State, and the many frustrations that involve.

 Mal is a graduate of the Australian Institute of Company Directors; a Fellow and Board Member of Leadership WA, and the Chair of the Board of Riverview Church.

Mal will facilitate the Think Tank conversation on "How can we address retraumatisation?" on Saturday afternoon.

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Presenter Name
  Ms Sonia Smuts
Presenter Position
  Clinical Psychologist | Vice Chairperson: Complex Trauma WA
Presenter Blurb
 

Sonia is a South-African trained clinical psychologist in full-time private practice, where she works primarily with adult clients with a lived experience of complex trauma. The majority of her clients have multi-faceted presentations with multiple physical and complex psychiatric diagnoses. Sonia is passionate about better service delivery in WA for survivors, and started the Perth Complex Trauma Mental Health Professionals Network (MHPN) in 2014 to expand service providers’ awareness of and clinical expertise in the specific treatment implications of working with complex trauma. From this initiative, she and two colleagues subsequently registered Complex Trauma WA Inc. (COTWA), a health-promotions charity, in late 2018. She has been volunteering her time on the Executive committee ever since, facilitating the presentation of high-quality local professional-development opportunities; as well as the development of a world-first trauma-informed spatial directory of independently assessed, local clinicians who meet internationally recognised standards of trauma-specific treatments.

Sonia will be interviewing and facilitating a safe conversation with a group of survivors who have volunteered to share their lived experience of the legal process with the audience.

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Presenter Name
  Mr David Bayly
Presenter Position
  Barrister at Law - Central Law Chambers
Presenter Blurb
 

David has practised in all aspects of personal injury litigation throughout his legal career.

David has extensive experience in advising in relation to litigation involving catastrophic claims. He  has advocated for the rights of victims of historical and institutional sexual abuse; lobbied government to remove the limit periods applicable to those clients; and consulted with the current Attorney General in regards to the legislative amendments.

David has lectured at the University of Paderborn in Germany; and is a regular lecturer for the Royal Australian Colleges of Orthopaedic Surgeons, Psychiatrists and Occupational Physicians. David also lectures at the Post Graduate School of Psychiatry at Graylands Psychiatric Hospital.

He has agreed to co-present with Geoff Bourhill (see introduction above) on the workings of the Civil Court process, with special consideration to the perspective of the plaintiff/claimant.

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Details

COVID:
Date/s: Friday 26 May 2023 & Saturday 27 May 2023
Registration:

Registration opens on Wednesday 15 February 2023 and closes Monday 22 May 2023

Venue: Stirling Room, Crowne Plaza Hotel,
54 Terrace Road,
Perth WA 6004
Additional Venue Information
Catering:

Teas and a light lunch will be provided

Please advise special dietary requirements at time of registration

Accomodation Suggestions:
Recommended Reading:
Cancellation Policy:

100% refund for cancellations before 30 April 2023

50% refund for cancelations between 1 May and 22 May 2023

No refunds for cancellations after 22 May 2023, but you can transfer your registration by providing us with the contact details of the attendee coming in your place (please note any special dietary requirements for this person cannot be accommodated as the catering order will already have been placed)

Enquiries:

WORKSHOP ENQUIRIES:

Sonia Smuts - Sonia.smuts@complextraumawa.org.au

GENERAL ENQUIRIES:

David Edwards - David.edwards@complextraumawa.org.au

Fees:
AMOUNT TICKET TYPE HOURS OF PD CREDIT ATTENDANCE CERTIFICATE
500 COTWA Professional Members 12 Yes
250 COTWA Clinical Members 12 Yes
50 COTWA Clinical Members with a Spatial Directory profile 12 Yes
AMOUNT TICKET TYPE HOURS OF PD CREDIT ATTENDANCE CERTIFICATE
800 General Public (includes PD Credit and Certificate) 12 Yes
600 General Public none No
200 Registered Students 12 Yes
150 Trauma Survivors none No
Notes about Fees
GENERAL
COTWA prioritises professional development events for its members; but would like to also welcome non-member clinicians and other interested and affected parties (including other professionals, loved ones, and survivors) to this event.
A sliding scale of fees, based on membership status and professional-development requirements, applies to ensure financial accessibility for all.
Those with adequate resources are encouraged to pay the fee most relevant to their individual circumstances and requirements.
An honour system is in place for survivors of childhood complex trauma. Registration at this rate is at cost, without being stigmatised or interrogated, for those who would otherwise be unable to access this event.
COTWA MEMBER RATES
Members need to be logged into the Members' Area to get the correct member rate applied. All COTWA Members will receive Professional Development (PD) credits and a Certificate of Attendance for professional development purposes, that will remain accessible in their personal Member's Area.
COTWA SPATIAL DIRECTORY PROFILE
The Spatial Directory is a unique and invaluable resource for local survivors, carers, colleagues, GPs, and other service providers. It identifies trauma practitioners who were independently assessed to meet international best-practice requirements for working with complex trauma. The more public weight COTWA members add to it, the more weight COTWA has to advocate on everyone's behalf for better service delivery in WA.
COTWA Clinical members who list their service on COTWA's Spatial Directory can attend this two-day Professional Development event for only $50.
If you are a COTWA Professional Member who is already eligible to apply for Clinical Membership and you would like the added discount for members with a Spatial Directory profile, please prioritise finalising the submission of your Clinical Assessment application - you will find this in the Members' Area of our website.
Depending on whether your Curriculum Vitae is up to date; and how long it might take you to draft a letter of reference on behalf of busy referees (we have templates you can use to make this easier), we estimate you probably need to set aside ~90+ minutes of your life to describe your trauma-specific approach to trauma-informed treatment. When we’ve received your completed Clinical Membership application, it will be sent to Blue Knot Foundation, Australia’s National Centre of Excellence for Complex Trauma, for independent processing. This could take from 4 to 21 days.
Once you are a Clinical Member, you will receive an email to invite you to list on the COTWA Spatial Directory, with some practical tips on how to go about doing this.
If you are already a Clinical Member and haven’t completed your Spatial Directory Profile yet, you can do so from the MEMBERS AREA.
If your Spatial Directory profile is fully completed by 31 May 2023, you will qualify for the $50 attendance fee and receive a refund of the initial registration fee.
CONTACT US FOR ASSISTANCE
COTWA recognises that it is a complex process to become a COTWA Clinical member with a Spatial Directory profile. We still believe it is worth it! Before you give up, please message us via the CONTACT FORM if you require any practical, technical, or emotional support to complete the online forms - we will be in touch to offer helpful help.
SPONSOR A SURVIVOR
The COTWA Board is offering a special rate for survivors that just covers participation costs (i.e. catering). Trauma survivors would benefit from the information that will be presented during this event. If you would like to sponsor a ticket for a survivor, you have the option to do so on the registration form. The Board will allocate your donated ticket to a survivor who might not otherwise have access to this event, on a merit-based system in line with our PRINCIPLES OF PROBITY.
Please CONTACT US if you would like to know about the process we use to determine the allocation of donated funds.
REQUEST SPONSORSHIP FOR THIS EVENT
If you are a Trauma Survivor unable to attend this event unless sponsored, please send us a message via our CONTACT FORM with a brief explanation (500 words max) of your circumstances.

Disclaimer

The information in this workshop is general in nature and should not be relied on. Presenters are unable to offer legal advice specific to your circumstances. You should always seek your own professional advice. The views expressed are those of the presenters and may not represent the views of COTWA.

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