The National Redress Scheme has been active for several years, and it’s open to adult victim-survivors of childhood sexual abuse at the hands of an institution. Nothing will undo the experience, but the NRS aims to provide victim-survivors with support and validate that their pain is valid and the abuse is recognised for what it is.
What is the NRS?
As a result of rampant sexual abuse across Australia’s public and religious institutions, the Royal Commission Sexual Abuse instituted the National Redress Scheme as a way for victim-survivors to receive the justice they deserve. In addition to monetary compensation, it also opens the doors for psychological support, and an apology from the institution responsible.
An Offer of Redress
An Independent Decision Maker is charged with reviewing childhood sexual abuse claim applications and determining whether to approve the application for redress or not. The applicant will receive a written notice of the decision, outlining whether it has been approved or not. If it hasn’t been approved, it will explain why and describe the appeals process.
If your child sexual abuse claim has been upheld, you will receive an Offer of Redress, as well as how to accept the offer, decline it, or ask for a review if you don’t feel the amount awarded is sufficient.
There are three components to an Offer of Redress, including the payment itself, access to psychological care whether it’s via a payout or the service itself, and a direct response to you from the responsible institution.
An Offer of Redress letter will detail the amount of the payment, whether you will have access to psychological services or be provided with payment to seek private help, and details about the responsible institution. If the institution is defunct, the letter will explain this and why you aren’t in receipt of a direct response.
You will need to pay close attention to the remaining details, including the date of the offer and how long you have to accept or decline. If you already have an offer of redress, but didn’t consult a lawyer, now is the time to do so. A lawyer can advise you on whether the payment is sufficient, otherwise, they can guide you through the review process. Alternatively, they may recommend you decline the offer to pursue a civil case instead.
It isn’t just as simple as accepting an offer. You need to understand the legal ramifications of doing so. Acceptance ties your hands with other legal routes. However, if you decline without requesting a review, you can’t reapply to the scheme later. So, it’s important you have the full picture before making a decision.
You can have your offer reassessed after an acceptance or declination, but only if an institution listed in your initial application later joins the scheme. The Independent Decision Maker will reassess the original determination and either uphold it or issue a new offer. The same rules apply to this Offer of Redress as the initial one.
The Importance of Independent Legal Help
Enlisting the services of a team of sexual abuse lawyers is a must. They will look after your best interests during the sexual abuse claims process. Not only will they ensure you provide sufficient evidence to support your claim, but they can also ensure the process is seamless. If, for some reason, your application is declined, they can handle the appeals process to ensure you receive the justice you deserve.
Likewise, when you deal with experienced sexual abuse lawyers in Sydney, they will offer advice and guidance on the legal options available to you. There are no compensation limits in a civil court, so if you have sufficient evidence to proceed, this may work better in your favour. You need to have all the facts and options laid out in front of you, and independent legal help will provide you with that.
How AJB Stevens Can Help
As experienced sexual abuse compensation scheme lawyers, AJB Stevens will listen to your case and provide you with legal advice that works for you. We approach every client and case with compassion, and we always want to do what’s right and best for you.
The scheme isn’t right for everyone, but we will provide you with the best guidance based on the details of your situation. If there’s a better option, we’ll advise you on it. We are experienced in filing successful claims and are proud to offer confidential consultations to anyone in need of legal advice.
