If you are a survivor of institutional abuse, no amount of financial compensation can undo the pain you have experienced. In cases of abuse, psychological injuries are severe and almost always stay with survivors throughout their lifetime. As the Royal Commission into Institutional Responses to Childhood Sexual Abuse exposed, for too long, many survivors either suffered silently or were forced to accept inadequate settlements and waive their rights to future claims.
As a result of the Royal Commission, there have since been significant changes to the law. Survivors of abuse now have options as to how they seek compensation. Those options are:
It’s important to understand your options before making any claim to ensure you make the best decision for you. This is because if you make a claim under the National Redress Scheme, you cannot take any further legal action against the institution - like making a civil damages claim.
Here we explain more about these two options for compensation and explore the key differences for survivors of institutional abuse.
Below is a summary of the key differences between making a claim through the National Redress Scheme and making a civil damages claim.
National Redress Scheme | Civil Damages Claim | |
Compensation | The maximum amount of compensation you can receive is capped at $150,000. | There is no cap on the payment you can receive. The amount is assessed based on your individual circumstances and compensation amonts are generally in the range of $200,000 to $2,000,000. |
Exclusions | Not everyone is eligible:
| Anyone is eligible to make an institutional abuse damages claim – unless they have already accepted a payment through the Redress Scheme. |
Time limits | The Scheme will stop accepting applications on 30 June 2027. | There is no time limit on when a civil damages claim can be brought. |
Continue reading for more information about each option.
The National Redress Scheme was established from a key recommendation of the Royal Commission. Simply, it aims to acknowledge harm done to survivors of sexual abuse.
The Scheme helps survivors of institutional abuse to seek:
The National Redress Scheme receives applications from survivors seeking compensation. An independent decision maker then considers the application, can ask for more information if needed and will decide if someone can access redress under the scheme, and what that redress should be. If this happens, an offer of redress will be made, and the applicant can accept or decline the offer, or ask for a review.
The maximum payment you can receive from a National Redress Scheme claim is $150,000. However, many survivors won't qualify for the maximum amount, and the amount they do receive, in many cases, is less than that of a legal claim.
Importantly, if you accept an offer from the National Redress Scheme, you can never make a civil damages claim. You will be required to sign a legally binding agreement, which means you cannot take any further legal action against the institution (or receive any additional compensation).
Not everyone is eligible for the National Redress Scheme. You are not eligible if:
However, it's important to note that in March 2024, changes were introduced to the ‘protected information’ disclosure, allowing information about non-participating institutions to be shared with survivors who have named the same institution in their applications. This will enable better access to justice for a survivor who may not be able to access the scheme.
You can find the full list of institutions that have joined the scheme, those that are unable to participate and those that have not yet joined on the National Redress Scheme website.
A civil damages claim is a legal claim. How the claim is made can differ depending on the State you live in, but generally a civil damages claim entitles you to claim compensation for:
In almost every case, the institution is sued on the basis that it is legally responsible for the perpetrator's conduct. This means a lawyer will gather evidence to prove that the institution a survivor was abused in was negligent or, alternatively, the perpetrator is an employee or agent of the institution, in which case the institution may be held legally responsible for the perpetrator’s conduct.
The outcome of a civil damages claim is a payment of monetary compensation (also known as 'damages') to you, the survivor of abuse.
One of the key benefits of a legal claim for damages is that they are not capped at $150,000 and, in most cases, will be worth considerably more. Your payments are calculated in accordance with how Judges have calculated other payments for survivors. Compensation amounts in successful civil damages claims are generally in the range of $200,000 to $2,000,000.
We have also helped clients with other non-financial outcomes like obtaining an apology from the institution, implementation of improved child safety policies and having perpetrators’ names removed from buildings, stadiums and awards.
> Read more about: Non-financial compensation: how abuse claims can drive change
If you're still unsure about which of these options is best for you, we do recommend seeking legal advice as soon as you feel able to so.
When you tell us your story, we will listen and believe you. Our job is to help you understand your legal rights about bringing a claim and what options for compensation are available to you.
Contact us today