How Can Two People Experience Similar Abuse — Yet Receive Vastly Different Outcomes?

Two brothers suffered effectively the same abuse.

Yet one received about $40,000 through the National Redress Scheme, while the other obtained a $900,000 court judgment through a civil claim. How can outcomes be so dramatically different — and what does that mean for survivors considering their options?

For many survivors of institutional child sexual abuse, the National Redress Scheme (NRS) is presented as the obvious or only pathway to compensation. However, what many people do not realise is that in some circumstances, a civil claim against an institution or individual may result in substantially higher compensation than what is available under the Scheme.

This does not mean the National Redress Scheme is the wrong choice for everyone. For some survivors, it may feel less confronting, more accessible or preferable to litigation. However, before accepting an offer through the Scheme, it is important to understand what alternatives may exist — and what rights may be given up.

Is the National Redress Scheme Your Only Option?

Many survivors understandably assume that if abuse occurred years or even decades ago, the National Redress Scheme is their only realistic avenue for compensation.

That is often not the case.

Across Australia, limitation periods for civil claims involving child sexual abuse have largely been removed. In many circumstances, survivors can still pursue a claim through the courts even if the abuse occurred decades earlier.

Importantly, civil claims are not capped in the same way as the National Redress Scheme.

While compensation available under the Scheme is capped at $150,000, a successful civil claim may result in significantly higher damages depending on the circumstances of the abuse, its long-term impact and the liability of the institution involved.

Why Are Some Survivors Receiving Much Larger Compensation Payments?

One of the biggest differences between the National Redress Scheme and a civil claim is how compensation is assessed.

The National Redress Scheme was designed to provide a streamlined process intended to avoid survivors needing to go through court proceedings however the scheme was inundated with applications which has significantly delayed the assessment of claims. In some instances, a civil claim may be quicker than an application under the National Redress Scheme.

The compensation available under the Scheme is limited and assessed under a fixed framework.

A civil claim is different.

Through a civil claim, the court can consider the specific impact the abuse has had on a person’s life, including psychiatric injury, pain and suffering, loss of opportunity, ongoing medical treatment and broader long-term consequences.

That difference can dramatically affect the outcome.

The example of the two brothers highlights this issue starkly. Despite suffering effectively the same abuse, one brother accepted compensation through the National Redress Scheme of approximately $40,000, while the other obtained a judgment of $900,000 through the civil courts.

Every case is different, and not every civil claim will result in such a large award. However, the example highlights why survivors should fully understand their options before making decisions that may permanently affect their rights.

What Happens If You Accept an Offer Through the National Redress Scheme?

This is one of the most important issues survivors should understand.

If you accept an offer through the National Redress Scheme, you will generally release the participating institution from future civil liability for the abuse covered by the Scheme. In practical terms, that usually means the decision is final.

In other words, once you accept redress, you may lose the ability to later bring a civil claim against the institution.

That is why obtaining legal advice before accepting an offer can be extremely important.

Many survivors understandably focus on obtaining recognition, closure or immediate financial assistance. However, it is equally important to understand what may be given up by accepting an offer too early.

Is the National Redress Scheme Always the Wrong Choice?

No.

For some survivors, the Scheme may still be an appropriate pathway.

There can be situations where:

• an institution no longer exists,
• insurance issues arise,
• evidence is limited,
• or a survivor simply wishes to avoid litigation and obtain a quicker resolution.

However, what is important is that the decision is informed.

Survivors should understand both what the National Redress Scheme offers, and what a civil claim may potentially provide before making what may ultimately be an irreversible decision.

What If You Have Already Started a National Redress Scheme Application?

If you have already lodged an application through the National Redress Scheme, it may still be worth obtaining legal advice.

In some circumstances, there may still be options available before any offer is accepted.

This is particularly important given that the National Redress Scheme is scheduled to end, with applications required to be lodged by 30 June 2027 and the Scheme itself ceasing operation on 30 June 2028, subject to limited exceptions in special circumstances.

Importantly, survivors are encouraged to seek advice well before those deadlines.

How Do You Know Which Option Is Best?

There is no one-size-fits-all answer.

The best option will depend on matters such as:

• the institution involved,
• the availability of insurance,
• the evidence available,
• the long-term impact of the abuse,
• and whether a civil claim is realistically available.

What is clear, however, is that survivors should not simply assume that the National Redress Scheme is their only option.

If the institution is insured and still in existence strong consideration should be given to lodging a civil claim. An application under the National Redress Scheme should be your last resort.

Thinking About the National Redress Scheme or a Civil Claim?

At Websters Lawyers, we assist survivors pursuing civil claims against institutions and individuals arising from abuse.

We understand that these matters are deeply personal and often difficult to revisit. We also understand that many survivors simply want clear advice about their options and whether they may be entitled to significantly greater compensation through a civil claim.

If you are considering the National Redress Scheme — or have already started an application — it may be worth obtaining advice before making any final decision.

We offer a confidential, no-obligation telephone consultation to discuss your situation and advise you about your options.

Call 8231 1363 to speak with one of our lawyers.