The Commonwealth Redress Scheme was introduced in the wake of 2014’s Royal Commission into Institutional Responses to Child Sexual Abuse. The Scheme recognises that sexual abuse of children occurred in Australian institutions, and seeks to hold these institutions accountable for the harm caused.
Every state and territory in Australia has signed up to the Scheme which allows survivors to seek support and receive redress and recognition of the injustice they suffered if the relevant institution is signed up to the Scheme.
The Redress Scheme is comprised of three components:
- A redress payment (of up to $150,000), and
- Access to counselling and psychological services, and
- A direct personal response from each participating institution responsible for the abuse.
Who is eligible?
In order to access the scheme some conditions need to be met:
The abuse must be sexual in nature.
The person who was abused must have been under 18 years old at the time of the abuse.
The person who was abused must have been in the care of an institution participating in the Redress Scheme at the time of the abuse.
The person who was abused must be an Australian citizen or permanent resident.
An experienced Abuse claims lawyer will be able to assess your eligibility to apply under the Scheme.
Protect your legal entitlements
It is important to understand that if you accept an offer under the National Redress Scheme, you will usually be required to sign a release that prevents you from later pursuing a common law compensation claim for the same abuse against the institution(s) covered by the offer.
If you are unhappy with a decision of the Scheme, there is an internal review process. However, the Scheme does not provide a general external appeal right once an offer has been accepted. In limited circumstances it may be possible to ask a court to review aspects of a decision or agreement, but this is complex, depends on your individual circumstances and is not a routine or guaranteed option. You should obtain independent legal advice before deciding whether to accept an offer, seek a review within the Scheme, or instead pursue a civil claim.
Any prior payments you have received from a participating institution (or a related body) in relation to the same abuse may be taken into account and deducted from any amount payable under the National Redress Scheme.
How we can help
We can advise you about your options under the National Redress Scheme compared with bringing a civil compensation claim, including the potential outcomes and the implications of accepting an National Redress Scheme offer.
However, we do not assist with preparing, completing or lodging National Redress Scheme applications.