Many survivors of abuse have accessed the National Redress Scheme without being aware that they might still have the option to make a claim directly against the offender or the accountable organisation.

The need to consider all available options was particularly evident in a case recently discussed on the March 7 episode of ‘The Stick Up with Russell Manser’ with Super for Survivors member Adam Washbourne of Fighters Against Child Abuse Australia, involving two brothers who received hugely different compensation payments despite effectively suffering the same abuse.  Brother A was awarded $40,000.00 through the Redress Scheme whilst Brother B obtained a judgment of $900,000.00 through the civil courts.

The National Redress Scheme was set up in response to the Royal Commission into Institutional Responses to Child Sexual Abuse. The Scheme is operating for a period of 10 years from 1 July 2018 to 30 June 2027.

The stated purpose of the Scheme is to provide victim survivors with a ‘fast tracked’ approach to obtaining damages for sexual abuse sustained whilst in institutional care rather than being forced to prosecute a claim through a civil court.

Whilst the ‘fast tracking’ of claims was the intention, the scheme has been plagued with delays and setbacks. It is therefore likely that prosecuting a civil claim may in fact be quicker than lodging a claim through the scheme.

Claims through the Scheme are capped at $150,000.00 whilst a civil Court has no cap on what it can award.

Whilst the Scheme is set up to ease the burden on the Courts system and compensate victim survivors without the need to prosecute a civil action, the damages are a fraction of what one could expect with a successful claim against an institution.

Mr Manser, who is a leading advocate for victim survivors, shared stories of clients of his who made concurrent claims for redress. Brother A made a claim through the Redress Scheme whilst Brother B lodged a civil claim against the institution.  Both had endured the same offending whilst institutionalised at the hands of the same perpetrator.  Both suffered the same injuries and same residual effects to their education, employment and activities of daily living.  Nonetheless, the difference of some $860,000.00 between what the two were awarded in compensation is staggering, and demonstrates how, in fact, institutions have benefitted from the Redress Scheme as they can escape significant liability by paying out a fraction of the damages they would ordinarily face in the event civil action was commenced.

Once a person receives a payout under the Redress Scheme they will forever release the institution, its agents, employees etc. from any and all future claims.

As the time period it takes for a Redress Scheme Application to be accepted has significantly increased, individuals who have lodged an application should immediately talk with a lawyer to determine whether a civil claim will far outweigh any payments they may receive from the Redress Scheme.

If you or someone you know has been a victim of abuse, speak to a solicitor today for a free telephone consultation on 8231 1363.