The National Redress Scheme was established as a recommendation of the Royal Commission into Institutional Responses to Child Sexual abuse. The scheme offers survivors of institutional abuse the opportunity to make an application to receive a one-off payment. The maximum amount is $150,000 with an average of $88,000. While Scheme can assist some survivors, it cannot provide compensation. If a survivor accepts an offer from the National Redress Scheme then they are unable to pursue a common law claim for compensation.
A common law claim for compensation for psychiatric injuries caused as a result of the abuse is made up of heads of damage (“money”). These heads of damage include compensation for the injury itself and the damage that it has caused. This often includes a claim for both past and future economic loss and past and future medical expenses.
The increase in applications to the National Redress Scheme is a positive indication that survivors of institutional-abuse are coming forward and seeking support. However, it is important to note that while the National Redress Scheme provides redress for survivors, it does not provide compensation for the full extent of the harm suffered. It is essential that survivors seek expert legal advice before accepting an offer from the Scheme, as they may be entitled to pursue a common law claim for compensation. Seeking legal advice can help survivors understand their options and make informed decisions about their future. Stacks Goudkamp offers a free consultation to anyone who has made an application to the National Redress Scheme and is seeking advice about a common law claim.
If you or a loved one are a survivor of institutional abuse and would like advice about a common law claim, please do not hesitate to contact Stacks Goudkamp for a free consultation on 02 9237 2222 or toll free on 1800 251 800 or to find our more you can read some of our successful institutional abuse case studies.