National Redress Scheme vs Civil Litigation: Which Is Right for You?

With so many barriers to disclosure, many victim-survivors of child sexual abuse take years to speak up about what they went through. Speaking up is a courageous thing to do, but seeking justice isn’t easy. Australia offers two primary paths to justice in the form of civil litigation and the National Redress Scheme. There isn’t an obvious choice as to which is better because it depends on your personal circumstances. In this guide, we’ll explore each path clearly to ensure you have all the information you need to make the best decision for your future. 

The National Redress Scheme Explained

The National Redress Scheme, which is administered by the Australian Government, was established following Australia’s Royal Commission; sexual abuse was covered up in institutions all over the country, including churches, sporting clubs, community groups, government homes, and schools. 

The scheme allows for victim-survivors of historical childhood sexual abuse to lodge sexual abuse claims against the responsible institution. The justice you will find in the NRS includes a direct apology or response from the responsible institution, access to psychological support and counselling, and a monetary payment of up to $150,000.

Civil Litigation Explained

As for civil litigation, it provides survivors with an alternative to the capped sexual abuse compensation scheme. While the court can determine the damages in this case, many victims will enter into negotiations to settle without attending court. That’s why it’s so important to find specialised sexual abuse lawyers in Sydney to fight your corner. 

There are three main focuses of compensation in civil litigation, including medical expenses (or treatment), economic loss (whether the abuse had an impact on your existing career or stifled your earning potential), and general damages (which encompasses pain and suffering). There is no cap on compensation pursued through civil litigation.

The Key Differences

Advantages of the NRS

• It’s a faster, less stressful process 
• It’s less adversarial as it’s focused on the victim-survivor
• While a financial payment is part of the process, it also provides victim-survivors with an acknowledgement of the pain they endured due to institutional abuse.
• The compensation payout may include an apology and counselling

Advantages of Civil Litigation 

• There is no cap on compensation, depending on the jurisdiction,
• There is a broader scope for compensation, with potential damages for past lost income, pain, suffering, and future treatment 
• If the institution responsible for your abuse hasn’t joined the NRS, civil litigation is a good alternative for pursuing justice
• It ensures accountability for institutions that have tried to skirt the NRS

It’s worth noting that you may be able to file an NRS claim even if you won an earlier civil case. Speak to sexual abuse lawyers to discuss your options. Generally, the NRS will deduct the award you received from the potential NRS award.

Limitations and Considerations

National Redress Scheme

• The compensation cap.
• By accepting an offer of redress from the NRS, you waive your right to civil litigation. 
• The NRS is only open to victim-survivors of institutional abuse.

Civil Litigation 

• The process can take several years, which can be emotionally draining. 
• It requires a higher level of detailed evidence to prove your case.
• Institutions have the opportunity to defend the claims in court.

Choosing the Right Path

Deciding which path is right for you is a personal decision that depends on your goals, financial needs, health, and circumstances. The best thing to do before you decide is to schedule an appointment with an experienced lawyer who can guide you through the process and assist in ensuring you make the right decision for you. 

Sitting down with a lawyer means you have an opportunity to share what happened to you in a safe space with a legal mind who can explain the ins and outs of each process to you and potentially offer advice on which route is likely to provide the justice you deserve.

At AJB Stevens, we have years of experience supporting victim-survivors of historical child sexual abuse, and we can guide you through civil litigation, the NRS, and help you make a decision that works for you.

How AJB Stevens Can Help 

AJB Stevens has a long history in Sydney, and we have been loud representatives of victim-survivors seeking the justice they deserve. We know how long many people wait before speaking up and the weight of those decisions, which is we our compassionate approach is always client-focused. 

If you’re considering an NRS claim or thinking about civil litigation, AJB Stevens can help you understand your options and guide you through the process with confidence, confidentiality, care, and professionalism.