We often receive queries from clients who have received a payment from the National Redress Scheme (‘the scheme’).
Unfortunately there is a perception that a survivor of institutional childhood sexual abuse can seek more compensation after accepting a payment from the scheme.
However, this is not the case.
The National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth)(‘Redress legislation’) established the scheme following The Royal Commission into Institutional Responses to Child Sexual Abuse.
The Royal Commission investigated institutions responsible for children abused in their care and the scheme is designed to support abuse survivors by providing them with a redress payment which acknowledges the harm done to them whilst in care.
Importantly, s. 43 of the redress legislation excludes a person from seeking compensation through legal action in the courts when they have received a National redress payment.
Sadly, the abuse team at Chamberlains has encountered an alarming number of enquiries from survivors seeking compensation after having accepted a redress payment.
This has been a disheartening experience for the team because it means when survivors of institutional child sexual abuse accept a redress payment they have missed out on the potential to receive significantly higher awards of compensation by taking civil action in the courts.
For those survivors receiving offers of payment from the scheme it is very important to seek independent legal advice before deciding to accept a redress payment.
In many cases survivors can be more appropriately compensated through civil action.
If you or someone you know has been offered a payment through the National Redress Scheme please make sure to contact our team for legal advice to explore your options before accepting any payments.
If you have any questions or concerns please contact Keziah Holdsworth of our Injury & Compensation Team on 08 9288 4478