Determining how best to seek acknowledgment for institutional child sexual abuse is both deeply personal and significant. The National Redress Scheme is a well-known path that has been in place since 1 June 2018, and the 30 June 2027 deadline approaches. What many people don’t realise is that it’s not the only path to acknowledgment and accountability. Victim-survivors can choose a separate legal path. A common law civil claim may be more suitable, depending on your circumstances.
Before you can determine which path is right for you, we use this article to explain the differences between these two legal frameworks so you can make an informed decision.
What is a Civil Claim?
In cases of institutional childhood sexual abuse, a civil claim is a private lawsuit brought against the institution by the victim-survivor. This claim advances through the court system in New South Wales, and the primary objective is financial compensation (damages) for the specific, lifelong impacts the abuse has had on your life. Civil claims are about individual loss, financial disadvantage and injury, so they’re completely separate from government-administered schemes, such as the NRS.
Civil Claim Vs Redress Scheme: The Key Differences
The objective of both redress and a civil claim is to address past wrongs. However, they operate under different rules, timelines, and standards.
- Compensation Limits
The NRS has a monetary payment cap of $150,000, while the civil path has no financial cap. In civil claims, the payout is assessed based on the details of the case and takes future earnings, medical expenses, and long-term psychological trauma into consideration.
- Evidentiary Standards
The National Redress Scheme is a non-adversarial path to financial compensation. There is a lower threshold of proof and no need for formal cross-examination. Civil claims operate under court rules, so you will need to prove the institution had a duty of care, failed in it, and that failure was the direct cause of your injuries.
- The Process
The NRS is a confidential process that avoids the court system via administrative paperwork, whereas a civil claim requires formal legal litigation. The majority of civil claims are settled out of court during the mediation process, but there is a chance that escalates to a full court trial.
- The Right to Future Action
This is perhaps the most critical difference between the two legal paths. By applying to the National Redress Scheme and accepting an offer of redress, you forfeit the right to pursue court action against the institution for the same abuse. It’s for this reason that you should always get independent legal advice before accepting offers or signing documents.
| Survivor Pathways Compared | ||
| NRS | Civil Claim | |
| Payout | Capped ($150,000) | No cap, compensation based on real loss |
| Court | Not required | Required if settlement isn’t reached |
| Evidence | Low threshold | Subjects to strict rules of legal evidence |
| Future Rights | Waived upon accepting an offer of redress. | If you have previously settled a civil claim, you may still be able to file a claim with the NRS. |
Why There’s No Time Limit on Civil Claims for Child Abuse in NSW
With a definitive endpoint for new NRS applications, victim-survivors need an alternative route to acknowledgement and accountability. There are different rules around civil claims, and New South Wales removed time limits on civil claims for child abuse to pave the way for justice beyond the end of the NRS. It doesn’t matter whether the abuse happened years ago or decades ago, the law recognises that abuse trauma takes time to process and being heard shouldn’t come with a time limit.
Which Path is Right for You?
Before you determine the right path, consider how each would balance your emotional well-being with your practical needs.
- A legal expert can help you assess the available evidence and information to determine whether you have sufficient evidence to support a civil claim.
- If the thought of going to court or sitting through litigation fills you with severe anxiety, the National Redress Scheme is a safer path to have your voice heard.
- If your education, career, or lifetime earning capacity was significantly disrupted by the abuse you suffered, you may secure fairer financial compensation through the civil claim path.
- You retain the right to pursue other avenues when you opt for a civil claim. So, you could potentially file an NRS claim following the competition of a civil claim. Or, you could do both simultaneously and hold off on signing the redress offer until the conclusion of your civil claim.
Frequently Asked Questions
Can I apply for redress and still keep the option of a civil claim open?
Yes, you can file an NRS application to determine what your offer of redress looks like without losing your right to further action. You only waive your right to sue when you sign the release deed to accept your offer of redress formally. If you opt to reject the offer, you retain your right to pursue a civil claim.
Is a civil claim harder to win than a redress application?
Civil claims have a stronger evidence threshold, and it’s legally more complex because the evidence has to stand up to the institution’s defence case. An experienced abuse compensation lawyer will handle the heavy legal lifting to settle through mediation, as many institutions prefer a quiet settlement to a court case.
Is there a time limit on civil claims for child abuse in NSW?
There are no time limits on civil claims for child abuse in NSW.
How AJB Stevens Can Help
At AJB Stevens, our specialised team of trauma-informed lawyers will support you as you evaluate your options. We will assess your case and provide clear and objective advice to help you move forward. We’ll explain the merits of the National Redress Scheme and a civil claim and guide you toward the best outcome for you in the long term.
If you would like to learn more about the NRS or civil claims, arrange a free consultation with the team to discuss your options.
