Limitations of the National Redress Scheme
- The maximum amount you can receive from a redress payment is $150,000, but the average payment received is only $87,955 (as at 9 December 2022).
- All applicants have their abuse assessed on a set criteria to determine which category it fits into and the amount of redress payable. There is limited consideration as to how the abuse has impacted your life (maximum of $20,000).
- An application under the Scheme is limited to instances of abuse where the child was abused in an institution who has joined the Scheme. If you were abused at an institution that has not joined the Redress Scheme you cannot receive a redress payment.
- An application under the Scheme is limited to instances of sexual abuse.
- Once you accept an offer of Redress you are precluded from making any further claims for additional compensation against the institution in respect of the abuse.
Alternative Options – A Civil Claim
A civil claim is where you sue the institution and/or offender responsible for the abuse. There are many benefits to choosing this option over Redress:
1. There is no limit on the amount of compensation that can be awarded and your case is assessed on its own merit. That means the case is tailored specifically to you and the impact the abuse has had on your life. From our experience almost every civil claim results in a payment in excess of $150,000 (the maximum amount payable under Redress). Some civil cases settle for in excess of $1million.
2. A civil claim provides an opportunity to claim compensation in respect of:
- General damages/non-economic loss (commonly referred to as ‘pain and suffering’).
- Economic loss – consideration is given to the impact the abuse has had on your education and employment opportunities.
- Treatment expenses – covering the cost of the treatment you reasonably require as a result of the abuse such as counselling, medication, etc.
- Domestic care and assistance – for instances where the abuse has impacted on your ability to carry out domestic duties around the home.
- Aggravated and exemplary damages – may be available against the defendant in certain circumstances.
3. A civil claim is not limited to the institutions who have registered with the Redress Scheme. A civil claim can be brought against any institution or individual offender.
4. The majority of civil claims will settle favourably for the plaintiff (person making the claim) without the need of going to a final hearing before a Judge.
5. Civil claims are not limited to sexual abuse. A claim can also be brought in respect of serious physical abuse.
What’s the Best Option for You?
Contact GMP Law today to discuss your claim. Our expert team would be pleased to discuss your claim and the potential options open to you on an obligation free basis.
From our experience the majority of people are better off brining a civil claim. A civil claim gives you the opportunity to be heard and will likely result in a much higher sum of money being paid to you in recognition of the abuse and its subsequent impact on you.
What if I have already Applied for Redress?
If you have already applied for Redress but you have not yet accepted an offer for Redress then you can still make a civil claim. We recommend you contact our office today to discuss your options.
Once an offer for Redress has been accepted there is unfortunately no civil claim available against the institution in respect of the abuse.
