The National Redress Scheme (the Scheme) was created in response to recommendations by the Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission). The Royal Commission listened to thousands of people about the abuse they experienced as children and the Scheme was designed for victims of institutional abuse.
The Scheme is intended for people who have experienced child sexual abuse before 1 July 2018, are aged over 18 years old or will turn 18 years old before 30 June 2028 and are an Australian citizen or permanent resident.
The Scheme provides access to counselling, a redress payment and a direct personal response from an institution, including an apology.
The Scheme also provides free support services, confidential emotional support and legal and financial counselling for people who are considering applying to the Scheme.
There are various institutions involved with the Scheme, such as, all State governments, the Catholic Church, Anglican Church, Uniting Church, the Salvation Army, PCYC and Scouts Australia. These institutions have agreed to provide financial compensation to a successful applicant who experienced institutional child sexual abuse.
A person applying for the Scheme, will have their case reviewed by an Independent Decision Maker who will consider the application and make recommendations. Redress payment will be decided on an individual basis.
Access to counselling is in addition to the support provided by Redress Support Services under the Scheme. In some states, a free local service is offered. Some states offer counselling, and other states may offer a lump sum payment of $5,000 as a part of the offer. This is to pay for services in the local area. A Redress Payment will range from less than $10,000 through to $150,000.
A successful applicant will have only 6 months to accept the offer. If the offer is accepted, the next step is to enter into a legally binding agreement agreeing to take no further civil action against the responsible institution, its officials and any associated institutions. This does not include the person or people who abused an applicant and there is still a remedy available for directly suing the perpetrator of sexual abuse or violence.
The Scheme only assists sexually abused applicants. This means victims of serious violence and mental harm are not covered by the Scheme. A person will need to obtain a solicitor if they were not sexually abused.
An offer of redress can be declined by writing to the Scheme by letting them know about a decision to decline, or an applicant can do nothing. If an offer for redress is not accepted within 6 months, it is assumed that an applicant has declined.
If an applicant is not satisfied with the outcome a review can be requested. An application for a review has to be made within 6 months of the date of the letter explaining the outcome. A different Independent Decision Maker from the one who made the original decision will do the review. If a different offer is made, the previous offer will be withdrawn.
A person who received an out-of-court settlement or other redress scheme payments, can still apply.
There are other options available, such as the option to take civil action, to sue an institution separately through the courts.
If you have questions about the National Redress Scheme, please email ncoles@franklaw.com.au or call (02) 9688 6023 to speak with Nathanael Coles.
This is not legal advice.
Photo by Matheus Ferrero on Unsplash
