Contact us before you engage the National Redress Scheme. Otherwise you might not receive your maximum payment.
Yes. Everyone should complete our claimant information sheet first. You don’t want to do the wrong thing and find yourself sold short or missing out on a civil claim against the institution.
Fill in our claimant information sheet first so we can assess what is the best strategy for you. We will complete your redress form for you if redress is the better way to go. Everyone’s case is different.
We will assess all previous settlements to see if you are eligible for a top-up from redress. Please get in touch for more information.
The scheme has an unfair and potentially re-traumatising matrix for calculating redress payments. For example, the “extreme circumstances” payment is only available in penetrative abuse matters involving institutional vulnerability and non-sexual abuse. Psychological abuse is often overlooked.
This includes physical abuse, psychological abuse, and neglect.
It also takes into account:
During the application process, the scheme requires detailed accounts of the abuse. If any information is missed or not described accurately, the applicant could miss out on the potential for $50,000 – $60,000.
This is why it’s crucial to speak to an experienced child abuse lawyer before applying for the scheme. We can help you navigate the application process and achieve the maximum possible payment. We will support you throughout the entire process, as we know how confronting it can be.
There is no clear answer to this question. In July 2020, the Federal Opposition suggested it could take half a century for the estimated 60,000 survivors of institutional child abuse to receive redress. The Federal Opposition also said National Redress Scheme payments will decrease by $610 million by mid-2021 due to a “slower than expected uptake by survivors’ for the write-down”.
The Redress Scheme is taking applications and shelving them all until they have worked out what to do. This is an unsatisfactory answer but it’s what the Redress Scheme is telling us.
At the recommendation of the Royal Commission into Institutional Responses to Child Sexual Abuse, the Australian Parliament has created a Redress Scheme for victims of institutional sexual abuse. On the 1st of July 2018, the National Redress Scheme was launched. It will run for ten years.
You should talk to a private solicitor BEFORE you contact the Scheme. The solicitor will assess your case and will make sure you have the best chance to receive the maximum redress. Don’t make the mistake of going in unrepresented. You literally get one chance to get it right. If you don’t accept what you are offered your application lapses and you get nothing. Don’t let that happen.
Do not apply to the Scheme if you have never received any money from a church, institution or charity. There are important options to consider before thinking about redress. The Scheme is a compensation of last resort. It is just one of your options for achieving a payment.
The Scheme will be open for ten years. There is time to explore all the options. Don’t be rushed into redress by advocacy groups who mean well but aren’t qualified to give legal advice. Even submitting an application can have unintended consequences; once the NRS makes an offer there is no turning back. If you don’t accept what you are offered you will get nothing and you can’t re-apply.
The Scheme says it has free lawyers to assist you. What this means is you will be referred out to a Community Legal Centre somewhere in Australia. Most public solicitors at CLC’s can help you with an application form but they don’t have experience running compensation claims against big institutions. As a survivor of child abuse, you deserve your own solicitor who is a genuine expert and can fully advise you.
The Scheme will not help you unless you were sexually abused. This means victims of serious violence are not covered by the National Redress Scheme. You will need to get a solicitor to help you if you were not sexually abused. This is a specialist area of the law.
The Scheme may not help you if you were abused by a foster parent while you were a ward of the State. The department of social services suggests you are covered, but this is not set in stone yet. This is a complex area of the law and you need to speak to a specialist solicitor if you were abused by a foster parent.
You cannot appeal a decision from the National Redress Scheme. If the Scheme makes you an offer you don’t agree with you can only ask for the decision to be reviewed by another Decision Maker at the NRS. Then you have six months to take the last offer. If you miss the deadline it’s all over. The offer is withdrawn and the door shuts. You cannot apply again.
Your only hope is to find a lawyer to take your case to the High Court. And that will cost you thousands of dollars. The politicians removed the right to appeal to the Administrative Appeals Tribunal to keep the cost of the Scheme as cheap as possible and to force victims to take what they are offered.
Deciding to apply for redress is an important decision. Your claim is a valuable asset. You only have one chance to get it right with the Scheme. It’s important you don’t sell yourself short.
If you are thinking about applying for redress, contact Kelso Lawyers today. Our team will expertly assess your case and provide you with the best advice for redress or compensation. There is no upfront cost to you and no obligation when talking to a legal specialist – we are here to help.