Childhood institutional abuse lawyers: National redress scheme.

What Is the National Redress Scheme?

The National Redress Scheme (NRS) is an Australian government program designed to support survivors of institutional child sexual abuse. It was established on 1 July 2018 in response to the findings of the Royal Commission into Institutional Responses to Child Sexual Abuse, which highlighted the systemic failure of institutions to protect children.

The Working with Children Check Policy (WWCC) defines child sexual abuse as:

“… any act which exposes a child to, or involves a child in, sexual processes beyond his or her understanding or contrary to accepted community standards.”

If you’ve experienced sexual or related non-sexual abuse across different institutions, you can include them all in one application. However, you only get one shot at applying, so it’s a good idea to get legal advice to make sure your application to the National Redress Scheme is as strong as possible.

Applications for the NRS are acceptable until 30 June 2027.

Am I Eligible for the National Redress Scheme?

You may be eligible for the NRS if:

• You experienced sexual abuse as a minor (under 18 years old)
• You were born before 30 June 2010
• The abuse occurred before 1 July 2018 in an institution, on its premises, or during institutional activities (e.g. camps)
• The perpetrator was an official of the institution
• You are an Australian citizen or permanent resident at the time of applying

Exceptions apply for former child migrants from the UK or Malta who arrived in Australia before 1984 without a parent or guardian and became wards of the state.

You may still be eligible for redress if you have a criminal record with a custodial sentence of five or more years. The scheme will look at the nature of the offence, how much time has passed, any rehabilitation efforts, and other relevant details before making a decision. Other eligibility rules may apply, so seeking legal advice before applying is essential.

What Is Considered Child Sex Abuse?

The Working with Children Check Policy (WWCC) defines child sexual abuse as any act that exposes a child to, or involves a child in, sexual processes beyond his or her understanding or contrary to accepted community standards.

Your Rights and Entitlements for Child Sex Abuse Under the NRS

The amount you can receive under the National Redress Scheme depends on the severity of the abuse, its impact on the survivor’s life, and relevant personal circumstances.

The scheme offers survivors:

• A direct personal response from the responsible institution, such as an apology or acknowledgment
• Access to free counselling and psychological services, or up to $5,000 for those in South Australia or overseas
• A redress payment of up to $150,000 with an average payout of around $80,000

The maximum payment of $150,000 is reserved for extreme cases involving penetrative abuse, institutional vulnerability, related non-sexual abuse, and severe long-term harm.

Any prior compensation received for the same abuse will be deducted from the final amount. However, unrelated payments will not affect the redress offer. Redress payments are tax-free and cannot be used to recover debts owed to the Commonwealth.

An independent assessor determines the compensation amount, making the process less demanding than pursuing a civil claim. Survivors should understand their legal rights and explore the most suitable option for their circumstances. If you’re unsure about your entitlements, our expert National Redress Scheme lawyers can assess your case and guide you through the claims process.

How Can a National Redress Scheme Lawyer Help?

Navigating an NRS claim requires you to be vigilant and have the legal knowledge to get maximum compensation for your suffering. Wyatts’ experienced National Redress Scheme lawyers will:

• Ensure all your injuries, including psychological impacts, are thoroughly assessed
• Gather evidence to determine the best option for your situation
• Provide personalised advice tailored to your case
• Offer guidance through the legal process and explain the next steps
• Clarify reports or the terms of accepting an offer of redress under the NRS
• Work on your behalf so you can focus on your recovery