What are the legal options for survivors of child sexual abuse?

The Royal Commission into Institutional Responses to Child Sexual Abuse was a true display of bravery, and resilience from the survivors who came forward to testify; and it has allowed them, and others the opportunity to receive compensation for the trauma they experienced.

The compensation claim process can feel paralyzingly complex at the outset, but this article seeks to assist in clarifying it. It will put a spotlight on the ‘unknown unknowns’ of taking legal action and help to make the necessary steps clear.

There are many options for survivors to take in seeking compensation. One option that many survivors have taken is making an application to the National Redress Scheme. However, with just over 2 years until the scheme closes it is important for survivors to consider what their options are and get advice earlier rather than later.

What are my compensation options?

In Queensland, the compensation options for survivors of childhood sexual abuse may include:

• The National Redress Scheme

• A Civil claim

• Victims Assist Queensland

• An institutional redress scheme

• Criminal court compensation

 Deciding on the right course of action will depend on your individual circumstances, and in some cases whether an institution can be found responsible for the abuse.

The National Redress Scheme (NRS)

The Australian Government established the National Redress Scheme for survivors of institutional childhood sexual abuse that occurred prior to 1 July 2018.

The scheme is accepting applications until 30 June 2027.

 Survivors of child sexual abuse in State and Territory Care can make a claim if the institution responsible for the abuse has joined the National Redress Scheme. Every State and Territory government has joined the scheme. Many non-government agencies have also joined the scheme. These include the Catholic, Anglican and Uniting Churches, Salvation Army, YMCA and Scouts. A full list of institutions can be found here: Search for institutions | National Redress Scheme

Applying for the NRS does not involve going to court. It involves completing a form and submitting it to be assessed.  This process can take between one and three years to achieve an outcome.

The NRS can offer eligible survivors

• A monetary payment of up to $150,000

• Counselling and support services

• A direct personal response from the responsible institutions

If you are a survivor of child sexual abuse it i’s important to consider your legal options and have all the information you need before you decide what legal action to take.

Accepting an offer from the NRS means giving up your right to continue or start any legal proceedings against the responsible institution(s) or it’s officials. It i’s important that you consider this carefully before you proceed with an NRS application. Accepting an offer of redress from the NRS without receiving legal advice on your civil options could mean giving up potentially millions of dollars in a civil claim compensation payment.  

A civil claim

A civil claim is where you ’sue’ the person and/ or institution responsible for your injuries. The civil claim might contain compensation for physical or psychiatric injury and financial loss. A civil claim can also be made against the perpetrator if they are still alive. There is no time limit for making a civil claim for childhood sexual abuse. There is also no cap on the amount of money that can be awarded through a civil claim. 

A lawyer is necessary in this process, and they will assist you as you seek compensation.

When you speak with a civil claim lawyer, you should ask the following questions:

• How long will it take?

• Is there enough evidence to make a claim?

• What are my chances of receiving compensation?

• Will it affect any help or benefits I receive from the government (including public housing, Centrelink, aged care, and NDIS)?

• Will the compensation be tax exempt?

• Will the amount I might receive at the end of the process, after costs and other deductions are paid, be more than I might receive from the National Redress Scheme?

• What other deductions might apply if I receive compensation?

• What reports and interviews might be required, and how much will they cost?

• What information will be requested?

• Will it go to Court?

• Is there an opportunity to ask for other things, such as an apology or counselling?

• Are you likely to receive a ‘top up’ or further payment (if you have already received a payment from the institution)?

• What will happen if you die before your claim is settled?

If a private lawyer agrees to act for you in a civil claim, you will sign a cost agreement. This is an important document. Ask your lawyer for a copy if you don’t have it.

It's important to check what counts as a successful outcome as it may include receiving a payment from the National Redress Scheme or another redress scheme.

It’s also important to note that:

• You may have to pay legal fees if you stop working with your lawyer before the civil claim has been finalised.

• You may have to pay legal fees if your case is lost, including both your legal fees and other costs, as well as the legal costs of the defendant.

Victims Assist Queensland

You may be eligible to receive financial assistance from Victim Assist Queensland. Usually, you have three years from when the crime took place to apply. If you were a child when the crime occurred, you usually need to apply before you turn 21. You may be able to apply after this. Victim Assist can also help you find a free counselling service. You can find more information by calling Victim Assist Queensland on 1300 546 587 or visiting their website.

Institutional Redress Scheme

ome institutions offer a type of compensation for abuse committed by their staff via an ‘institutional redress scheme’. These schemes may make a payment and provide other support, such as counselling.

Examples of Institutional Redress Schemes include but are not limited to:

• The Salvation Army - ‘Personal Injuries Complaints Committee’

• Catholic Church - ‘National Response Protocol’

• Seventh-Day Adventist – Adsafe

• Commonwealth Ombudsman – Defence Force reparation payment

These schemes are separate to the National Redress Scheme and will have different implications for your legal rights if you accept a payment from them. It’s important to receive independent legal advice before applying for or accepting an offer from an institutional redress scheme.

Criminal court compensation orders

If the offender is prosecuted, and found guilty, the court may order the offender to pay you compensation. If you want a compensation order, let the police and the prosecutor know.

Where can I get help?

The National Redress Scheme

More information on the National Redress Scheme can be found at www.nationalredress.gov.au  or by phone on 1800 737 377

Redress Support Services

Redress Support Services can assist survivors with making applications to the National Redress Scheme. A full list of Redress Support Services can be found here

Redress Support Services | National Redress Scheme