We are pleased that victims of abuse now have access to a formal, independent and robust process for accessing support services, receiving apologies and accessing compensation through the National Redress Scheme. The scheme represents an alternative for victims to suing for damages, in many circumstances.
The National Redress Scheme in response to the Royal Commission into Institutional Responses to Child Sexual Abuse has now commenced operation. The scheme is designed to provide access to counselling, support services and compensation for people who have been the victims of sexual abuse related to an institution, such as a school or a church.
A number of institutions have joined the Redress Scheme including government organisations. The list of these can be found on the National Redress Scheme web page https://www.nationalredress.gov.au/institutions
Who can apply:
Applications to the scheme can be made by people who:
- experienced sexual abuse when they were a child;
- the abuse happened before 1 July 2018;
- an institution was responsible for bringing you into contact with the person who abused you;
- you were born before 30 June 2010;
- you are an Australian citizen or permanent resident.
Applications are made by filling in a form, with supporting documentation, which is lodged and then assessed by an Independent Decision Maker unconnected with the Institution responsible for the abuse. The application form can be downloaded here https://www.nationalredress.gov.au/document/76.
The advantage of the scheme is that it is faster, with less onerous requirements for proving abuse and a simpler process than Court proceeding. There is however a limit of $150,000 on the amount of a redress payment, which is substantially less than damages which can be awarded by a Court, if a claim is brought.
The Redress can be in the form of:
- Counselling;
- Payment of up to $150,000
- A "direct personal response":
- in the form of an apology;
- an acknowledgement of the impact of the abuse on you;
- Information of steps to prevent further abuse;
- A meeting with an official of the relevant institution.
The Offer of Redress needs to be accepted, before it is paid or actioned, in the case of an apology.
Please remember, there are a number of support services available for those who have been subject to sexual abuse as a child, and to assist with the Application process.
There are no limitation periods for Redress claims or civil claims, following amendments made by the NSW Government in 2016 with the Limitation Amendment (Child Abuse) Act 2016. However Court proceedings require that each and every aspect of the claim be proven on the balance of probabilities, which for events which may have occurred decades ago, can often be very difficult.
There are restrictions on claims under the National Redress scheme for people who are not yet 18 years of age, have been sentenced to 5 years or more in gaol, have already received a payment of compensation or where the relevant institution hasn’t joined the Redress Scheme.
How we can help:
If you are considering bringing a civil claim against an institution or perpetrator, or accessing the redress scheme, contact our Compensation team on 1800 650 656 to discuss your rights and options.
Angus Edwards | Principal