Institutional Responses to Child Sexual Abuse

What is a Royal Commission?

A Royal Commission is a special type of investigation into a particular issue. It is independent from government and has certain features, including:

• a Commissioner or number of Commissioners appointed to run the investigation
  
• specific terms of reference that set out what the investigation covers
  
• a set period of time for the investigation, usually this can be extended
  
• public invitations to make written statements or give evidence in person about the issues
  
• public hearings
• broad powers requiring witnesses to attend hearings or to legally provide relevant documents
  
• releasing the findings of the investigation in a report, alongside recommendations for improvements.

At a Federal level, a Royal Commission has powers under the Royal Commissions Act 1902 (Cth). Different laws apply at a State level. In NSW, a Royal Commission has powers under the Royal Commissions Act 1923 (NSW).

What did this Royal Commission investigate?

The Royal Commission into Institutional Reponses to Child Sexual Abuse investigated how certain institutions like schools, churches, sports clubs and government organisations have responded to allegations and instances of child sexual abuse and related matters.

Who were the Commissioners?

Six Commissioners were appointed for the Royal Commission. They are:

• The Hon. Justice Peter McClellan AM
• The Hon. Justice Jennifer Coate
• Commissioner Bob Atkinson AO APM
• Commissioner Robert Fitzgerald AM
• Commissioner Helen Milroy
• Commissioner Andrew Murray.

To assist the Commissioners, Ms Gail Furness SC was appointed as Senior Counsel Acting.

For more information, see Commissioners on the Royal Commission into Institutional Responses to Child Sexual Abuse website.

Who could provide a statement?

The Royal Commission gathered statements from a range of people including:

• victims of child sexual abuse in an institutional setting
• witnesses of child sexual abuse in an institutional setting
• workers or other professionals who have information about how particular institutions have dealt with allegations of child sexual abuse
  
• professionals such as counsellors, psychologists, or police who may have relevant information.
  

What support services can help me?

If you are a victim of sexual abuse, or you have a friend or relative affected by sexual abuse, you can contact a number of services for support, including:

• Knowmore - a free, independent legal service that provides advice to survivors of institutional child sexual abuse about justice and redress (9am to 5pm Monday to Friday)
  
• Full Stop Australia - a telephone, online and face-to-face counselling services for people impacted by sexual assault (24 hours seven days a week)
  
• local NSW Health Sexual Assault Services
  
• Victims Access Line - help to access free counselling, financial assistance, information and referral support - see Victims Services on the Victims Services website (9am to 5pm Monday to Friday)
  
• Lifeline - a telephone, text and online chat crisis support service also providing referrals to face to face services (24 hours seven days a week)
  
• 1800 Respect - a confidential information, counselling and support service (24 hours seven days a week)
  
• MensLine Australia - a telephone and online counselling service for men (24 hours seven days a week).
  

For a list of more support services, see Contact & support on the Royal Commission into Institutional Responses to Child Sexual Abuse website.

Where can I get information on the Royal Commission's findings?

The Royal Commission held 57 formal public hearings. After each public hearing, the Royal Commission published a case study report on their findings and recommendations. You can find these Case studies on the Royal Commission into Institutional Responses to Child Sexual Abuse website.

What were the recommendations of the Royal Commission?

The Royal Commission has made recommendations to better protect children against sexual abuse and reduce the impact of abuse on children when it occurs.

You can find the Final Report Recommendations on the Royal Commission into Institutional Responses to Child Sexual Abuse website.

What is the National Redress Scheme?

The National Redress Scheme (scheme) is a result of the Royal Commission into Institutional Responses to Child Sexual Abuse. It aims to provide critical support to those who were sexually abused as children while in the care of institutions. It will offer access to psychological counselling, a direct personal response from the institution where the abuse occurred and a monetary payment. 

The scheme commenced on 1 July 2018 and will run until 30 June 2027.

The scheme is separate to the Stolen Generations Reparations Scheme.

For more information, see What is the National Redress Scheme? on the National Redress Scheme website.

What can I expect from the National Redress Scheme?

The National Redress Scheme (scheme) introduced the National Redress Scheme Service Charter (charter) on 1 September 2022. The charter explains what you can expect from the scheme and the redress process including:

• principles that everyone who provides services as part of the scheme should follow
• commitments about what the scheme will do to support each stage of the redress journey
• service standards to create consistency and accountability for the way you are supported through the redress process
• information about how the scheme is meeting commitments
• ways you can contact the scheme.

For more information, see Service Charter for your National Redress Scheme on the scheme’s website. 

What is a direct personal response?

A direct personal response (DPR) is an opportunity for you to meet with a departmental representative of the responsible institution to:

• tell the representative about your experience, as much or as little as you wish to
• have the representative listen to you and to apologise
• ask questions and seek information from the institution
• request and hear information on what the department is now doing to ensure children are safe and the steps that are being taken to improve responses and support for survivors.

If you receive an offer of redress through the National Redress Scheme, you can choose to have a DPR. The National Redress Scheme (scheme) Direct Personal Response Information and Support service can provide you with more information and support you before, during and after your DPR.  Phone 1800 737 377 Monday to Friday 8am to 5pm and ask to speak to the scheme’s DPR Information and Support team.  

You can also find information in the Direct personal response fact sheet on the National Redress Scheme website.

Who can apply to the National Redress Scheme?

You can apply to the National Redress Scheme (scheme) if:

• you experienced sexual abuse when you were a child (under the age of 18) and:
  
  • the abuse happened before 1 July 2018, and
    
  • an institution was responsible for bringing you into contact with the person who abused you
    
• you were born before 30 June 2010, and
  
• you are an Australian citizen or permanent resident.
  

You can't apply to the scheme if you:

• have already applied for redress through the scheme
• are serving a sentence in gaol (you can apply once you are released or in exceptional circumstances)
  
• you have already received a court-ordered payment from the institution.
  

For more information, see Who can apply? on the National Redress Scheme website.

Before making an application, you should get legal advice.

I received a reparations payment under the Stolen Generations Reparations Scheme. Can I still apply for redress?

Yes. You can still apply for a redress payment if you have received reparations under the Stolen Generations Reparations Scheme. The schemes are separate.

You will have to apply separately for redress.

Can I apply while in gaol?

If you are in gaol, you can’t apply to the scheme until you are released or you have exceptional circumstances. 

For more information, see What if you want to apply while in gaol? on the National Redress Scheme website.

What happens if I make an application, but the institution has not yet joined the National Redress Scheme?

If the institution has not taken all the required steps to join, the National Redress Scheme (scheme) will not be able to assess your application.

The scheme will get in contact with you to acknowledge that they have received your application and provide initial guidance on the process. This guidance may include information about whether the institution has fully joined the scheme.

For more information, see Who can apply? on the National Redress Scheme website.

How can I find out if an institution has joined the National Redress Scheme?

You can find out if an institution has joined the National Redress Scheme (scheme) by conducting a search online, or by calling the scheme. If the institution has joined the scheme, they may be referred to as a 'Participating Institution'.

To find out whether an institution has joined the scheme, see Search for institutions that have joined the Scheme on the National Redress Scheme website.

If you can't remember the name of the institution, you may still be able to apply. Once the scheme receives your application, they will get in contact with you to go through some of your options.

You may not be able to find the relevant institution until they have completed all the steps required by the scheme. If you are unsure if the institution has joined, call the scheme to discuss your options.

How do I make an application for the National Redress Scheme?

You can apply for the scheme:

• online through MyGov, or
• in writing, by downloading a copy of the Application for Redress form.
  

You can also call the scheme to get a copy of the application sent to you.

For more information, see Start or continue an application on the National Redress Scheme website.

If you are not sure what to include in your application, you should get legal advice.

What can I apply for?

The National Redress Scheme may help you get access to three things:

• counselling
  
• a Redress payment
• a direct personal response from an institution, for example an apology.
  

Each application is considered on an individual basis. If you receive an offer, you can accept any or all of the things offered to you or you can ask for a review within six months of the date of the offer.

For more information, see What you can apply for? on the National Redress Scheme website.

If you have received correspondence with an outcome and are not sure how to respond, you should get legal advice.

Who can help me to apply?

Knowmore is a free and confidential legal advice service that provides information and advice to survivors of institutional child sexual abuse about:

• the National Redress Scheme
• victims of crime applications
• other legal issues, including finding your records and civil law claims
• referrals to other support services.

It has lawyers, counsellors, financial counsellors and Aboriginal and Torres Strait Islander workers that can help you.

You can contact Knowmore by:

• phone, on 1800 605 762 between 9am and 5pm, Monday to Friday
• calling the National Relay Service on 1800 555 727
• email, to info@knowmore.org.au
• online, by filling out the contact form on the Contact us page of the Knowmore website.
  

How will my application be processed?

When your application is received, the National Redress Scheme team will give you a call to let you know they have it. They may also ask you for more information if they need it. An Independent Decision Maker (IDM) will then consider your Application for Redress. The IDM considers all the information provided in your application and information supplied by the institution. The assessment may take any time between three to 12 months.

If the IDM decides that the events are likely to have happened, then an offer of redress will be made. The National Redress Scheme will call you and send you a letter about the outcome of your application

Your application may be handled differently if:

• you are currently under 18
• you experience child sexual abuse after 1 July 2018
  
• you have been sentenced to serve five years or more in gaol
  
• you are in gaol
  
• you were abused in an institution that hasn't joined the National Redress Scheme
  
• you have already received a payment for the abuse as a result of a court case.
  

For more information, see Who can apply? on the National Redress Scheme website.

You have six months from the date of the outcome to accept, decline or seek a review of the outcome.

If you are not happy with the outcome, you can ask for a review.

If you ask for a review, you may be offered a smaller redress payment.

For more information, see What happens next? on the National Redress Scheme website.

If you are not sure how to respond to an offer of redress, you should get legal advice.

What happens if I have already received a previous payment?

Any earlier payments made in recognition of your sexual abuse will be deducted from the redress offer, which may have included payments under other redress schemes, victims of crime schemes and out of court settlements.

You can't receive redress if you have already received payment as a result of a court decision.

For more information, see What you can apply for? on the National Redress Scheme website.

If you have received an offer of redress that you are not happy with, you should get legal advice. You will need to respond to the offer within six months from the date of the offer.

How long do I have to accept an offer?

You have six months from the date of an offer of redress to accept, decline or ask for a review of the outcome.

You can ask for more time to decide by calling the scheme. If you do ask for more time, the review period will also be extended.

The scheme will contact you when you have 30 days left to accept an offer, to see if you need more time.

What happens if I accept an offer of redress?

If you accept an offer of redress, you have to sign a legally binding agreement that you won’t take any further civil action against the responsible institution, it's officials and any institutions associated with it. This means you will no longer have the right to take further legal action against the institution, such as seeking compensation or taking the institution to court, for matters relating to the sexual abuse you may have suffered. This does not include the people that abused you.

For more information, see What happens next? on the National Redress Scheme website.

Before you respond to an offer of redress, you should get legal advice.

What is an advance payment?

If you are terminally ill or elderly, your application can be actioned quickly so you can receive redress as soon as possible.

From 17 September 2021, the scheme may offer an advance payment of redress for some elderly or terminally ill applicants. You do not need to ask for this payment, the scheme will contact you if you are eligible.

If I receive a payment under this scheme, will it affect my Centrelink benefits?

If you receive a payment under the National Redress Scheme this may affect your Centrelink Benefits. You are legally required to notify Centrelink within 14 days of receiving the payment.

If you have received a payment under the scheme and are also receiving Centrelink benefits, you should get urgent legal advice.

Payments under the scheme are not taxable, so you don’t have to declare them in your tax return.

If I receive a payment under this scheme, will it affect my eligibility for social housing?

If you receive a payment under the National Redress Scheme this will not affect your eligibility for social housing. However, any interest you earn on the money you received may affect your rent payable calculations and you may have to pay a higher amount of rent.

If you have received a payment under the scheme and you are living in social housing, you should get urgent legal advice.

If I receive a payment under this scheme, will it affect my eligibility for the National Disability Insurance Scheme?

No. Receiving a payment under the National Redress Scheme will not affect your eligibility for the National Disability Insurance Scheme (NDIS).

Can my payment be used to repay any debts that I owe?

If you receive a payment under the National Redress Scheme, it can’t be used to repay debts owing to the NSW or Commonwealth Governments, including Centrelink debts, HECS/HELP debts, taxation debts, fines and infringements.

However, if you owe debts to other non-government organisations, they may take legal action against you to recover the debt from your payment.

If you need help to manage your debts, you can get free and confidential financial counselling from the National Debt Helpline.

If you owe money to a business or organisation and have received a payment under the National Redress Scheme, you should get urgent legal advice.

If I receive a payment under this scheme, will it affect how much child support I have to pay?

If you receive a payment under the National Redress Scheme, it can’t be used to pay any child support debts that you owe. However, it can be included in a child support assessment and you may have to pay more child support.

What do I have to do after I receive a redress payment?

If you have received a National Redress Scheme payment, you should make a will. If you don’t and you die, your money and other belongings may not be given to the right person.

Before you update your will, you should get legal advice.

If you need help managing your money, you should get advice from a financial adviser. For more information, see Financial advice on the Moneysmart website.

You can also get free and confidential information to help you manage your finances from the Financial Information Service.

For more information, see Financial Information Service on the Services Australia website.

Will Revenue NSW write off my fine if I have received a payment under the National Redress Scheme?

If you have received a payment under the National Redress Scheme, Revenue NSW may put your fine on hold or write off your fine. 

You can give permission to the National Redress Scheme to contact Revenue NSW on your behalf or speak to an advocate at Revenue NSW.

You can call the National Redress Scheme on 1800 737 377.

Can a court set aside a previous settlement I agreed to?

The Royal Commission found that many settlement agreements may now be considered unfair. The law has changed to allow people who have previously agreed to a settlement relating to child abuse they experienced to challenge the settlement in court. 

Having a settlement set aside means that it no longer applies to you, and the Court can make an order for you to be paid a higher amount of compensation.

You can apply to the Court to set aside a settlement if, at the time the settlement was made, there were certain legal barriers that stopped you from being able to get fair compensation. 

This includes:

• if a statute of limitations applied at the time of your settlement and you were outside that time limit to apply
• if you were abused as a child while in prison and the law at the time did not allow you to make a claim.

The Court can also set aside earlier court judgments made before the law changed.

When the Court is deciding whether or not to set aside any settlement or order, the Court can consider:

• the amount of compensation agreed on
• the bargaining position of the parties
• the conduct of the parties during settlement other than the person making the application, and of the lawyers other than the lawyers of the person making the application.
  

If you are considering applying to the Court, you should get legal advice.

When can a court set aside a settlement?

The Court can set aside:

• a contract, deed or other agreement
• an order of the court (in some cases).

The Court can’t set aside:

• a deed of release where you accepted an offer under the National Redress Scheme, or
• an agreement that settled a cross-claim between 2 or more defendants, or where one defendant indemnified (paid) another defendant
• a contract of insurance.

If you are considering applying to the Court, you should get legal advice.

Can I apply for compensation if I was in custody at the time I experienced child abuse?

Yes, changes to the law now ensure that anyone who was in custody (prison) at the time they experienced child abuse can apply to the court for compensation.

You can apply to the Court even if you previously agreed to a settlement or applied to the Court. The Court can decide if it is fair and reasonable to set aside the earlier settlement or judgment. 

If you are considering applying to the Court, you should get legal advice