The National Redress Scheme has widened its scope, now allowing imprisoned individuals to make claims for compensation if they have been the victim of childhood sexual abuse. That doesn’t leave room, however, for victim-survivors who have been convicted of murder or sexual offences to apply.
Though this change has brought on a wave of new claims, it’s a child sexual abuse claim being processed through a Melbourne civil court that has garnered attention.
Historic Case For a Melbourne Court
A Melbourne Catholic school is at the centre of the allegations, coming from a convicted killer. The man alleges that it was the abuse he suffered there as a teenager that put him on the path it did. This case is just one of many against schools Victoria-wide. The convicted murderer is several years into his 21-year sentence, but he’s seeking compensation for the sexual abuse claims, which he says took place in the 1990s and involved the headmaster.
The school has denied the claims, suggesting the then-student was a troublemaking serial bully who frequently terrorised his fellow students. The headmaster at the centre of the allegation has long denied it and an independent investigation determined the allegations were unsubstantiated.
The legal filings show the convicted murderer alleges the abuse he suffered led to PTSD, self-medicating with alcohol and drug abuse, eventual homelessness, and a spiral into a life of crime. This sentence isn’t his first, he had been jailed previously for attacking a stranger and his current sentence is for a premeditated fatal attack on another stranger.
He isn’t asking for compensation for the financial loss he suffered during his imprisonment, but rather for the before and after, as well as compensation for any past and future medical expenses.
In a filed legal defence, the headmaster and school are pushing back against the claims, saying the convicted killer was well on his way to a life of crime by his mid-teens, known for fighting and bullying.
National Redress Scheme Explained
In addition to the civil claim process the convicted killer is pursuing in Victoria, there’s also the option to file a claim with the NRS sexual abuse compensation scheme. This scheme isn’t available to the convicted killer, and it’s not suitable for people with sexual offence convictions. However, being in prison is no longer an impediment to people who were victimised gaining compensation.
If you were the victim of child sex abuse at the hands of an institution, there’s a good chance you are eligible to apply for compensation via the NRS. If you were the victim of sexual abuse before the 1st of July 2018, and a citizen or resident of Australia, you are eligible to apply.
Like any legal path, the NRS has limitations, and it’s important that you openly discuss your case with independent legal representatives who can provide you with sound advice. Some victim-survivors prefer the relative ease of filing a claim with the NRS versus the stress of a civil case. However, if you have the right lawyer who provides you with the level of support you need, it doesn’t have to be a stressful step. Likewise, you may be able to apply with the scheme even if you previously won, or lost, a civil case. It’s always worth consulting with a lawyer to find out what your options are.
The Redress Scheme hit the six-year mark in July of 2024 and has processed almost 45,000 applications, settling nearly 16,000. There are still around 25,000 applications pending, but most have had action taken on them and are awaiting outcomes. Between the scheme and the civil claim process, claims stemming from school abuse have been pouring in across the country.
How AJB Stevens Can Help
If you are a victim/survivor of childhood sexual abuse, you should seek out sexual abuse lawyers in Sydney. An independent legal advisor who can provide you with guidance on the next steps and whether you would be better off filing an NRS claim or pursuing a civil complaint. There’s a cap on how much the NRS will pay out in compensation and there isn’t that same restriction with civil claims. However, a lawyer will be able to advise you on which path is more likely to be successful for your case.
If you are currently serving a prison sentence, you are entitled to apply for the Royal Commission sexual abuse compensation scheme. AJB Stevens has a team of highly skilled sexual abuse lawyers who can help you navigate the system and ensure you receive the compensation you are entitled to. If you previously filed an application for redress and were denied, you may be able to apply now that the scheme has been opened to new applicants. Take the step to speak to an independent legal professional who can advise you and protect your interests.
