The Royal Commission into Sexual Abuse found that it takes 23 years on average for victims of child sexual abuse to come forward. Victim-survivors wait decades to speak up because they never felt seen or heard, and now, you have an opportunity to be seen, heard, and validated. You deserve justice for what you went through, and now, you have an opportunity.

The process isn’t complicated, but there are rights to understand, deadlines to familiarise yourself with, and support on offer to continue your healing. 

Applications for the scheme must be lodged by 30 June 2027, so it’s best to deal with it promptly. 

What is the National Redress Scheme

In response to the Royal Commission sexual abuse report, the National Redress Sexual Abuse Compensation Scheme was established. In addition to a monetary redress payment, victims of childhood sexual abuse can also receive support for (culturally safe) counselling or psychological care, as well as a direct personal response (apology) from the institution responsible for what happened to you.

Am I Eligible? The Key Criteria 

If you meet the eligibility criteria, you can lodge your sexual abuse claims with the NRS using the online form or contact sexual abuse lawyers in Sydney. Family sexual abuse lawyers can help you pull all your evidence together and ensure you complete the application properly while meeting requirements and time limits, but who is eligible?

To meet the eligibility criteria, you must satisfy the following conditions:- 

  • The abuse must have occurred in an institutional setting prior to 1 July 2018 and when the victim was under the age of 18.
  • The applicant must be a citizen or permanent resident of Australia. 
  • The applicant must have been born prior to 30 June 2010 in order to accept an offer of redress.  
  • A serious criminal conviction doesn’t preclude you from making an application. However, there are special assessments required and extra steps in the application process for those with convictions that amount to five or more years in gaol. 

Which Institutions Have Signed Up?

Since the scheme began, more than 500 (non-government) institutions across Australia have signed up to participate, which covers 70,000+ sites. An institution is classed as a foster care, orphanage, mission, church, school, hospital, detention centre, or any other type of institution that introduced the abuser to the victim-survivor.

The NRS website has a handy search function to help you determine whether the relevant institution has signed up. 

If the institution responsible for your abuse hasn’t signed up, you can still pursue justice through a civil claim, which a dependable lawyer can help you navigate the entire process and offer advice about which path to justice is most suitable for your circumstances. 

The Application Process: Step by Step 

Your first step is to contact a reliable lawyer for a consultation. A lawyer will sit down and listen to your case and offer you legal advice on your options based on your circumstances. 

When it’s time to complete the application, you can either use a paper application form, or you can use the online application on MyGov.

You will need to confirm your identity (birth certificate, passport, etc.), complete all the relevant forms, and provide supporting evidence. This is where a lawyer can help guide you to ensure you get the justice you deserve. The more details you provide in your initial application, the less likely your application is to hit delays.  

What Happens Post-Application

Once your application has been lodged, you will receive confirmation that the scheme has received your application. Your application will then be reviewed and confirmed by the National Redress Scheme before it is assessed by an Independent Decision Maker. 

You can appoint a redress nominee to complete the application for you. So, even if you don’t use a lawyer, you could potentially nominate someone else to help. The application pack includes an application form, a nominee form, and a guidebook. If you are a victim-survivor of more than one institution, you will need to use the Part 2 form. 

The final decision will be made using the reasonable likelihood test. The standard of proof required is much lower in the NRS application process than what a civil or criminal path would require. 

Don’t accept the first offer you receive without taking legal advice. Once you accept the offer, there’s no going back. You can appeal the monetary award amount if you don’t think it’s sufficient, but the cap is set at $150,000. There are risks in accepting and declining the award you’re offered, and legal advice is a must.

Deadlines & The Importance of Legal Advice

The final deadline for new applications is the 30th of June, 2027, and the sooner you start your process, the more likely you are to avoid falling foul of time limits or deadlines. The final determinations are expected to wrap up by the 30th of June, 2028.  

Of course, there are exceptional circumstances. So, even if you did miss a deadline or timeline, there’s a possibility a lawyer can fight to have them waive it to hear your case, regardless. Additionally, you must discuss your options with a lawyer before deciding which path to pursue. Likewise, if you have previously received a civil settlement, you may still be able to apply. You cannot, however, file a civil claim after accepting a redress reward.

Your lawyer will also review the responses you receive and take the lead in negotiating a better offer, handling an appeal, or finding a better path to justice for you. You should also speak to your lawyer about how a redress payment could impact any government support you receive.

Contact AJB Stevens

AJB Stevens is standing by to take your call, whatever stage of the NRS process you may find yourself in. We can review offers, serve as your legal nominee, help with gathering evidence, and handle the to-and-fro with the Independent Decision Maker,relevant bodies and institutions. The sooner you seek legal advice, the stronger your position will be. You deserve someone on your side who is prepared to fight tooth and nail to get you the justice you deserve.

Support Services in New South Wales

  • Wattle Place for victim-survivors from Australia’s orphanages, foster care, or children’s homes.
  • SAMSN for male victim-survivors of child sexual abuse.
  • Knowmore for victim-survivors, with specialist support for victim-survivors from the First Nations

AJB Stevens can help connect you with the right service, but our team has been providing legal advice and support to NRS applicants for the last decade. We know how emotionally taxing the process can be, so we work hard to take the weight of the stress so that you can focus on healing.

If you’re looking to sit down with a legal professional for advice about what comes next, reach out to the team today to schedule your free consultation or call us on (02) 8268 0600.