The National Redress Scheme

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.

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.

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.

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.

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: https://www.nationalredress.gov.au/institutions

You may apply here to start the process.

Under the National Redress Scheme, the amounts awarded to survivors as financial compensation can vary widely, reflecting the diversity of experiences and the severity of the abuse suffered. Payments range from under $10,000 to the maximum amount of $150,000. This broad range accounts for the individual circumstances of each case, including factors such as the nature of the abuse, its duration, and its impact on the survivor’s life.

Payment is recognised based on three types of abuse: Penetrative abuse, Contact abuse and Exposure abuse. And can include the following:

• Recognition of sexual abuse
• Recognition of impact of sexual abuse
• Recognition of related non-sexual abuse
• Recognition person was institutionally vulnerable
• Recognition of extreme circumstances of sexual abuse

The average payment from the NRS is expected to be around $75,000 – $85,000. This figure provides a general indication of what many survivors might expect to receive, although it’s important to understand that the specific amount awarded will depend on the unique aspects of each case. The assessment process for determining compensation amounts is thorough and considers detailed submissions from the applicant about their experiences and the effects of the abuse.

As of December 9th, 2022, the scheme received 21,197 applications and made 11,750 decisions through its Independent Decision Makers (IDMs), including 10,750 payments. The total amount paid was approximately $908 million which is consistent with the average of $75,000 – $85,000.

Deduction of Prior Payments

It’s also crucial for survivors to be aware that any prior payments received specifically for the abuse suffered will be deducted from the compensation amount available through the NRS. This policy ensures the financial redress does not duplicate compensation already awarded through other channels, such as previous legal settlements or other compensation schemes.

Legal Implications of Accepting NRS Compensation

Another important consideration for survivors is the legal implication of accepting an offer of redress from the NRS. By agreeing to the terms and accepting compensation, survivors effectively waive their right to pursue any further legal claims against the responsible institution in the future. This is a significant decision, as it closes the door to potential civil litigation that might result in a different outcome or higher compensation.

It’s highly recommended that survivors seek independent legal advice before accepting an offer from the NRS. The team at AJB Stevens can provide valuable insight into the implications of accepting an offer and help survivors weigh this option against the possibility of pursuing a civil claim.

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.

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.

The NRS officially commenced on July 1, 2018, marking the beginning of a 10-year period during which survivors of institutional child sexual abuse can submit their applications for redress. This period is currently set to conclude on June 30, 2027. This window was established to ensure that survivors have ample time to become aware of the scheme, consider their options, and make an informed decision about whether to apply.

It’s important for survivors to be mindful of this timeframe, as the opportunity to apply for redress through the NRS is not indefinite. The closing date of June 30, 2027, serves as a deadline after which new applications will not be accepted.

Given the complexities involved in preparing and submitting an application, including gathering any necessary documentation and potentially accessing support services such as legal advice or counselling, prospective applicants are encouraged to begin the process well in advance of the closing date.

The steps for application also take time:

• Fill in and submit an application online or on paper.
• An Independent Decision Maker considers the application.
• If an offer is made people can accept the offer or ask for a review.
• Applicants have six months to make a decision about their offer.

Why the Deadline Matters

The deadline is significant because it underscores the finite nature of the NRS as a redress option. Once the scheme concludes, survivors who have not submitted an application will no longer have the opportunity to seek redress through this specific avenue. While other legal options may still be available, such as pursuing civil litigation against the responsible institutions, these alternatives may present different challenges and may not offer the same forms of acknowledgment and support as the NRS.

Also, the process of applying for redress can be emotionally taxing for survivors, requiring them to recount details of their abuse. Starting the application process earlier allows more time for survivors to access support services and carefully consider their submission without the pressure of an impending deadline.

With the NRS set to run until June 30, 2027, survivors of institutional child sexual abuse in Australia have a limited window to apply for redress. This timeframe is designed to balance the need for accessibility with the practical considerations of administering the scheme. Survivors considering applying should speak to a legal professional at AJB Stevens to ensure the process is completed correctly and efficiently. Contact us today to discuss options and to see if you might qualify.

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.

The process of applying for redress through the National Redress Scheme (NRS) can be emotionally challenging and legally complex. While it is not mandatory to involve a lawyer to submit an application to the NRS, it is recommended.

To start with, it’s important to note that accepting an offer of redress under the scheme can have significant implications and should be considered carefully. Accepting a redress payment effectively precludes the possibility of pursuing legal action against the responsible institution for the abuse suffered. This is crucial for survivors to consider, as it has lasting legal consequences.

Deciding whether to accept an offer of redress is a significant choice that should not be taken lightly. The decision involves weighing the advantages of a potentially faster and less adversarial resolution against the possibility of pursuing a civil claim, which could result in a higher compensation amount but would likely involve a more drawn-out, and possibly stressful legal process.

Both options have their own considerations, including the possible emotional impact on the survivor, the potential financial outcome, and the desire for public acknowledgement or an apology from the institution.

A lawyer with expertise in abuse claims can provide a detailed assessment of your case, including evaluating the potential outcomes of a civil claim versus accepting an offer from the NRS. They can also advise on the legal ramifications of accepting an NRS payment, including the impact on your ability to seek further compensation.

Legal professionals can also assist in ensuring your application to the NRS accurately reflects the severity of the abuse and its impact on your life, potentially influencing the amount of redress offered. They can also guide you through the process of seeking a direct personal response from the institution if you wish to pursue this option.

Essentially, while engaging a lawyer is not a prerequisite for applying to the NRS, seeking legal advice is strongly recommended. At AJB Stevens, we can provide critical insights and guidance, helping you make an informed decision that aligns with your circumstances and legal rights. Given the irreversible nature of accepting an NRS offer, understanding all your options before making a decision is essential.

Want to know more? Contact the team at AJB Stevens today and we’ll be able to help you decide if the NRS is for you, and if so, we’ll help you get started with the process. We can provide all the right advice and assistance.