The National Redress Scheme for Institutional Child Sexual Abuse Act 2018 was created following the Royal Commission into historical child sexual abuse. The sexual abuse compensation scheme provides a path to justice for victim-survivors, and there are three components of redress. In addition to a monetary payment, claimants may receive a direct personal response from the institution at fault and access to mental health support, like counselling and psychological care. Psychological care is an important part of the healing process, and you have until the 30th of June, 2027, to file your claim.
Mental Health Support Care Entitlements
The NRS can offer a separate payment of up to $5,000 to cover counselling and psychological care. South Australia is the only state where this payment is made directly to the claimant, as the state does not have a declared provider for counselling and psychological services. If you are living overseas, you will receive a payment.
In New South Wales, Western Australia, Victoria, Tasmania, Queensland, the ACT, and the Northern Territory, the services are provided directly rather than a separate counselling payment being generated by the NRS. As per the National Service Standards, a minimum of 20 hours of counselling and psychological care must be provided over the course of the claimant’s lifetime.
Claimants do not have to accept the offer for mental health support if it isn’t right for them.
NSW Specific Support
If you are living in New South Wales, you will have access to Victim Services, but you will not receive the counselling payment directly. When your claim is filed, the NRS will provide a referral to grant you access to the psychological care provided through the designated providers across New South Wales.
The Importance of Psychological Support
Psychological trauma as a result of childhood sexual abuse can persist throughout your life. While there is no timeline on healing, the Royal Commission sexual abuse acknowledges the harm and endeavours to support victim-survivors on their healing journey.
Everyone has their own path to healing, and some of the common mental health impacts that victim-survivors deal with include anxiety disorders, depression, and PTSD. Additionally, some victim-survivors struggle with building trust in interpersonal relationships, romantic or otherwise. Counselling can help address these struggles. It’s essential to remember that it can take time, and there’s no one solution. Working with a counsellor one-on-one will ensure you get the right kind of support.
The Limitations
There are limits to the NRS. Firstly, there is a cap on the total payment, which means that a civil suit may be a more appropriate choice for some victim-survivors. Rural New South Welsh people don’t have the same access to the specialist in-person care required, but you can use the approved counsellor function to find an approved trauma-informed practitioner close to you for video chats or phone calls. Some people are frustrated to find their preferred practitioner isn’t on the approved list. Additionally, for trauma survivors with more complex needs, the provided care may be a good start, but it will require more treatment.
How Legal Support Can Help Survivors Access Counselling
At AJB Stevens, sexual abuse lawyers in Sydney, we provide you with the legal advice and emotional support you need as we enter the sexual abuse claims process.
You can apply for redress online or on paper. While you do not need a lawyer to do this, it’s a good idea to consult with one to ensure the NRS Claim is your best path to justice. While the standard of evidence is high in a criminal case, you may be able to pursue a civil case where the award isn’t capped. In New South Wales, successful NRS claimants are referred to Victim Services; there is no need for an exchange of payments.
If you have filed an NRS claim and aren’t sure whether to accept your offer of redress, contact AJB Stevens to discuss your options. If you have already filed a claim and received a rejection, we can help you navigate the appeals process.
Declining the offer forfeits your right to pursue another line of justice and also prevents you from reapplying to the NRS. If you aren’t happy with the offer, contact AJB Stevens to discuss the next steps. If you don’t respond before the offer expires, it will be logged as a declination.
You may still be able to file a claim if you have already received other compensation. Include any previous redress or compensation in the application, and it will be deducted from your final redress payment.
Contact AJB Stevens
AJB Stevens can help, whether you’re weighing up an offer of redress, thinking about filing a claim, or curious to learn more about your options. As family sexual abuse lawyers, we fight for justice on your behalf. Nothing can erase your pain and suffering, but a redress payment and counselling entitlements are an acknowledgement of that pain and suffering.
