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.

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.

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 scheme was commenced in 2018 and is currently proposed to run until 2028.

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.

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.