Personal Injury

Many survivors of child sexual abuse do not recognise what happened to them as abuse until years, or even decades, later. That is common, and it is never the fault of the child. An adult should never harm a child, least of all a child in their care.

For abuse that happened in an institution, such as a school, church, children’s home, or youth organisation, there are two main ways to seek compensation: a civil claim, or an application to the National Redress Scheme. This article explains how the Scheme works, who can apply, and where it falls short of a civil claim.

What is the National Redress Scheme?

The Scheme was set up after the Royal Commission into Institutional Responses to Child Sexual Abuse to acknowledge the harm caused by institutional child sexual abuse. It began on 1 July 2018. Applications close on 30 June 2027, and the Scheme ends on 30 June 2028.

If your application succeeds, you may be offered:

• A payment of up to $150,000, although very few people receive the maximum, and the average for serious abuse is approximately $80,000
• Access to counselling and psychological support
• A direct personal response, such as an apology, from the institution responsible

The Scheme covers sexual abuse. Where it accepts that sexual abuse happened, it can also take related non-sexual abuse into account when working out the payment.

Who can apply?

According to the National Redress Scheme, you can generally apply if:

• You were sexually abused as a child, before 1 July 2018, by someone connected with an institution
• You were born before 30 June 2010 (if you are under 18 now, you can apply as long as you turn 18 on or before 30 June 2028)
• You are an Australian citizen or permanent resident, with exceptions for some former child migrants

Some other rules apply:

• Since 4 April 2024, you can apply while in prison
• If you were sentenced to five years or more in prison for a single offence, you can still apply, but your application goes through a special assessment
• You cannot apply if you have already accepted a redress offer
• You can withdraw an application before a decision is made, and apply again later
• The institution responsible must have joined the Scheme

Where the Scheme falls short

In 2021, an independent review of the Scheme led by Robyn Kruk AO found it needed a significant reset to become more survivor-focused. Many of the problems survivors raise remain.

Payments are well below what a civil claim can achieve

The $150,000 maximum is rarely reached, and many payments are far lower. We have seen offers as low as $7,000. A civil claim, by contrast, is assessed on the actual harm the abuse has done to your life.

Accepting an offer is permanent

To accept a payment, you must sign a legally binding agreement not to bring any further civil claim against the institution, its officials, and associated institutions. Once you sign, you cannot change your mind if you later learn a civil claim would have been worth far more. The release does not cover the person who abused you, but a claim against an individual is often not worth pursuing on its own.

Advice is not routinely offered before you sign

The agreement is a sophisticated legal document drafted by experts acting for institutions. Survivors are not routinely given independent legal advice on whether to accept it, or on what they are giving up.

Long waits

Survivors have consistently raised long processing times. Many applicants are older or in poor health, and long waits can be distressing in themselves.

The Scheme compared with a civil claim

A civil compensation claim is a legal claim against the institution for failing to protect you. For most survivors with a viable claim, it is the better pathway:

• There is no fixed maximum, and compensation is assessed on the harm to your health, work, relationships, and quality of life
• In most cases, there is no time limit, because every Australian state and territory has removed the time limit for civil claims arising from child sexual abuse
• Virtually all claims settle before a hearing, and settlements are usually confidential
• Your own lawyer acts for you throughout

The Scheme may suit some people where a civil claim is not viable. That is a decision to make with advice, not before it. We explain how costs work in your first conversation with us, which is free and confidential.

Before you apply

Get independent legal advice before you apply to the Scheme, and certainly before you accept an offer. Read 5 things you should know about the National Redress Scheme and our review of the Scheme.

Applications close on 30 June 2027. Until then, we publish one fact each week that survivors need before making a decision. See our NRS countdown series.

Koffels’ institutional child sexual abuse lawyers are experienced in acting for survivors and have appeared before the Royal Commission. We will listen, at your pace, and explain your options. Contact us through the form above or call +612 9283 5599.