National Redress Scheme: Eligibility, $150k Cap and Direct Personal Response

Scheme background and legislation

The National Redress Scheme commenced on 1 July 2018. It was established in response to the Royal Commission into Institutional Responses to Child Sexual Abuse. The Scheme is established under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth) Australian Human Rights Commission Act 1986: process.

The Department of Social Services administers the Scheme, with the Secretary of that Department acting as the Operator. All states and territories, alongside participating non-government institutions, contribute to the operation of the Scheme.

The Scheme has a ten-year lifespan, with applications accepted until 30 June 2028.

Three components of redress

Redress under the National Redress Scheme comprises three components. These are a redress payment, access to counselling and psychological care, and the opportunity for a direct personal response. The Sex Discrimination Act 1984: overview is one piece of legislation that may be relevant to applications.

The redress payment is capped at AUD 150,000. This figure is lower than the AUD 200,000 amount recommended by the Royal Commission. Counselling support is provided either through ongoing counselling services or as a payment of up to AUD 5,000, with the specific arrangement varying by state or territory.

Survivors have the option to accept any combination of these three components – a redress payment, counselling, and a direct personal response. A direct personal response may include an apology from the responsible institution.

Eligibility and application

To be eligible for the National Redress Scheme, an applicant must have experienced sexual abuse as a child (before age 18) in connection with a participating institution before 1 July 2018. Applicants must also be an Australian citizen or permanent resident at the time of application. The Australian Human Rights Commission Act 1986: process outlines the formal application procedure.

Individuals currently in prison may still apply, but the Operator will undertake a ‘special assessment’ to determine eligibility. Applications can be submitted until 30 June 2027, providing a one-year processing window before the Scheme formally closes on 30 June 2028.

Accepting redress under the Scheme requires the applicant to sign a deed of release. This deed waives any civil claims against the responsible institution(s) relating to the abuse covered by the redress.

Participating institutions and liability sharing

Participating institutions in the National Redress Scheme encompass a broad range of organisations. These include Commonwealth, state, and territory bodies, alongside many non-government institutions such as churches, charities, and schools. A list of institutions that have not joined the Scheme is publicly available under the Scheme’s Naming Policy. Age Discrimination Act 2004: overview

The financial responsibility for providing redress is shared. Costs are borne by the institution(s) deemed responsible for the abuse and, where an institution is unable to meet these obligations or no longer exists, by the funder of last resort (governments).

Amendments in 2022 allow for a review of privileges, such as charitable status and government funding, for institutions that choose not to participate in the Scheme. Importantly, applicants who receive redress through the Scheme are prevented from simultaneously pursuing a civil claim against the same institution for the same abuse that is covered by the redress payment.