We Can Help You With:
Advice on the National Redress Scheme
Help you determine if it is right for you
Limitations of the National Redress Scheme
Understand why the scheme may not be right for you
Other legal options
Advice on whether you should instead pursue a civil law legal case
Can AJB Stevens Help Me?
Have you experienced child sexual abuse?
Are you considering applying for the National Redress Scheme ?
Have you suffered from some other form of assault or abuse?
If you have answered yes to any of these points, then AJB Stevens can help. Our directors are both Accredited Specialists in Personal Injury Law. We have successfully taken legal claims against Schools, Government Departments, Religious Orders and Sports Camps. Our dedicated team of Lawyers and Admin professionals are here to help you with these difficult and sensitive claims. Contact us today and see how we can help you.
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The National Redress Scheme
The National Redress Scheme (NRS) was created in 2018 in response to a recommendation of the Royal Commission into Institutional Responses to Child Sexual Abuse. It is for adult victims of child sexual abuse or assault. The goal of the NRS is to:
- acknowledge that abuse has occurred
- support abuse survivors with psychological counselling and/or financial compensation
- hold those responsible accountable for that abuse
This scheme only provides redress for abuse that occurred at institutions that have signed up to the scheme.
It provides for counselling and psychological services, a direct response from the institution and/or a National Redress Payment.
At AJB Stevens, we offer a free claims-assessment, so if you are considering making a claim for a Redress Payment, or if you have received an Offer of Redress, let us assess your claim and advise you on your options first. If you are not sure about your options, or whether your institution has joined the scheme – to find out more information please visit: https://www.nationalredress.gov.au/
Child Sexual Abuse
We understand that most victims do not come forward until their early adult life, and we treat these claims with discretion, confidence and sensitivity.
These claims can be complex, so you need an Accredited Specialist on your side. Our experienced team has the know-how to successfully pursue these claims and to ensure that fair compensation is awarded.
The National Redress Scheme has a compensation limit ($150,000). It is also unavailable in certain cases, such as where:
- you suffered at an institution that has not signed up to the NRS
- you have been convicted of a serious crime subject to five or more years imprisonment
Note also that receiving a Redress Payment means forfeiting your right to bring a civil case against the institution in question.
We can advise you on whether there is a possibility of suing an institution through a civil claim for breaching its duty of care.
Frequently Asked Questions
How Does The National Redress Scheme Work?
There are three types of redress that the NRS can provide:
- a payment of up to $150,000. This will take into account any past payments for abuse;
- counselling or psychological support;
- a response from the institution in question.
Who Can Apply For Redress?
To apply for this scheme you must have:
- experienced institutional child sexual abuse before 1 July 2018
- be aged over 18 or turn 18 before 30 June 2028
- be an Australian citizen or permanent resident, and
- be applying with respect to an institution that has joined the National Redress Scheme.
Note that there are exceptions to eligibility, including those who have been convicted of an offence with more than five years of imprisonment, and those who have settled a prior claim with the institution.
How Do I Apply For a Redress Scheme?
You should take the following steps:
- apply online or by paper. The NRS does not require that you appear in person. If you wish someone can apply on your behalf as your ‘nominee’
- complete the application and attach copies of any supporting documents. You must confirm your identity
- sign a statutory declaration in front of a witness.
Note, you may only apply once.
What Are The National Redress Scheme Rules?
This scheme only applies to:
- child sexual abuse, and non-sexual abuse which relates to that sexual abuse. Physical or emotional abuse are not, in themselves, covered by the scheme
- abuse that occurred at an institution that has joined the scheme
- people who do not meet exclusion criteria, such as being convicted of a serious crime to five years or more jail.
How Do I Know If An Institution Is Subject To The National Redress Scheme?
The scheme is only effective if the institutions, schools and religious orders agree to sign up to the scheme. To see if a particular institution has signed up to the scheme, visit this link:
Where Can I Find The National Redress Scheme Application Form?
You may apply here to start the process.
What Is The National Redress Scheme Average Payment?
Amounts awarded can range from less than $10,000 up to $150,000. The average amount is expected to be around $76,000.
Note that any prior payments for the abuse suffered will be deducted from the available amount.
Note also that in accepting compensation through the NRS you waive your right to bring a legal claim against the institution in question.
Who Decides Whether I Get a Payment?
Independent Decision Makers are engaged by the Commonwealth Department of Social Services to make a decision as to what you are entitled to. They make their decisions using the scheme’s Assessment Framework.
If the person disagrees with the decision, they may apply for a review of that decision. In that case, a new Independent Decision Maker will assess your claim afresh. Note that you could end up receiving less if you seek a review of your decision.
How Is The Amount Of a National Redress Payment Calculated?
Both the National Redress Payment and a separate amount for the psychological impact of the abuse are assessed using an assessment ‘matrix’ set out in the National Redress Scheme for Institutional Child Sexual Abuse Assessment Framework 2018 .
This matrix takes into account the type of abuse suffered and the circumstances under which it occurred.
How Long Do I Have To Apply To The National Redress Scheme?
The scheme was commenced in 2018 and is currently proposed to run until 2028.
If I am Unhappy With My Payment, Can I Sue The Institution In Court?
No, not generally. Under section 43 of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, accepting a Redress Payment bars a civil claim against that institution or its officials, in relation to that abuse.
However, this would not prevent you from suing for injuries that are not covered by the NRS (such as physical abuse unrelated to any sexual abuse). It also does not prevent criminal charges being brought against an institution or its officials.
Do I Need a Lawyer To Handle My Claim?
It is not necessary to have a lawyer to make an application to the NRS. However, as accepting an NRS payment will mean you can no longer sue the institution in question, we recommend that you seek legal advice.
Why Choose us?
2 Convenient Locations & Video Conferencing Available
No Win, No Fee Compensation Representation (where applicable)
A Lawyer is always available to speak to you
Ability to use Resolution Plus+ our case management system
We speak your language, our lawyers are fluent in 5 different languages
How can we help?
J.B – Child Abuse Survivor
“Adrian was really good at listening to me. From the beginning he was understanding, kind and caring. He walked me through the process step by step, giving me support at all times. I found Adrian and his staff very helpful, nothing was a hassle. I can highly recommend Adrian and his team.”
W.P – Survivor