Child Sexual Abuse

Anyone who has been the subject of child sexual abuse can consider bringing a civil case to court.

Anyone who has been subjected to child sexual abuse by an institution, religious order, government department, public, private or religious school or various other institutions may consider applying to the National Redress Scheme for a Redress Payment.

Note that Redress Payments are only available where the institution in question is a member of the National Redress Scheme, and exclusions do apply to some individuals (such as those convicted of an offence and imprisoned for more than five years or those who have already received compensation).

Those who have suffered childhood trauma, all experience the effects of that trauma differently. However, some adult survivors of childhood sexual abuse do experience severe physical and psychological consequences including heightened anxiety, depression and panic attacks.

If you would like your abuser to be investigated for criminal charges, then you should contact your local police station to make a formal report and provide a police statement. The police will then investigate your case.

Child Sexual Abuse claims are very specialised, and having an expert on your side ensures that you get the maximum compensation you are entitled to. Therefore, we recommend that you consult a lawyer before considering a civil claim or applying for, or accepting, a Redress Payment.

The institutions have the advantage of having expert lawyers defending them. Having an Accredited Specialist on your side will ensure that your rights are protected.

This is a scheme that was set up after the Royal Commission into Institutional Responses to Child Sexual Abuse. The scheme was commenced in 2018 and will run until at least 2028. It provides for counselling, direct response from the institutions themselves and ‘Redress Payments’, calculated in accordance with set criteria.

The scheme is only effective if the Institutions, schools and religious orders agree to sign up to the scheme. To see if a particular institution has signed up to the scheme, visit this link: https://www.nationalredress.gov.au/institutions

The purpose of the scheme is to hold abusive institutions accountable, acknowledge the harm caused and to provide support for child sexual abuse survivors.

It can provide for counselling service, a direct personal response from the institution and a Redress Payment.

A common law civil claim is one which alleges that the institution responsible for your care, breached its duty of care and is initiated through a standard court process.

A common law claim is not just a statutory payment such as a Redress Payment. It is a claim which compensates you for your pain and suffering, treatment expenses, loss of income and care needs.

It is not subject to the monetary limits of a Redress Payment ($150,000).

If you accept an offer of redress from the National Redress Scheme, then you are giving up your rights to make a civil claim in court for that abuse. You could have valuable common law rights, so you should seek advice first.

No, you cannot do both. You can only choose one or the other. You may have valuable rights at Common Law, so you should seek legal advice before accepting an offer of redress.

You will not be eligible for a Redress Payment under the National Redress Scheme. However, you may still be eligible to pursue a common law civil case for compensation.