Bringing-Them-Home-Report-Web

It should be appreciated that the applicable human rights instruments did not invent rightsbut rather recognised and formally declared the existence of such rights as inherent in allhuman beings and as already existing. Further, invidious and unjust distinctions ought to beavoided. Thus it would be unfair to deny a remedy to a victim of forcible removal in 1945while extending a remedy to a person forcibly removed in 1947 for example. Both weresubject to the same legislation and procedures and would have endured much the samesuffering.A statutory regime of monetary compensation administered under administrative rather thanjudicial processes should not displace the entitlement of any person to pursue a civil claimthrough the courts as an alternative. Some people may wish to pursue civil claims tomaximise the damages payable to them.Civil claimsRecommendation 20: That the proposed statutory monetary compensation mechanismnot displace claimants’ common law rights to seek damages through the courts. Aclaimant successful in one forum should not be entitled to proceed in the other.