Authored by Sierra Callaway

 

The National Redress Scheme was established by the federal government following the Royal Commission into Institutional Responses to Child Sexual Abuse. Its stated purpose was to acknowledge the harm suffered by victim-survivors of institutional child sexual abuse and to provide a measure of justice.

From my experience acting for victim-survivors, the Scheme has fallen short of achieving meaningful outcomes for many of the people it was designed to help.

What I see, time and time again, is a system that is slow, limited, and often benefits institutions more than victim-survivors.

What the National Redress Scheme promises, and what survivors experience

On paper, the National Redress Scheme is supposed to provide recognition and compensation to victim-survivors of institutional abuse.

In practice, many victim-survivors experience:

• payments that do not reflect the seriousness or lifelong impact of the abuse
• long periods of silence with little information about what is happening with their application
• no right to appeal a decision, even where the outcome feels plainly unjust
• minimal guidance or support through an emotionally difficult process
• permanent loss of the right to pursue any further compensation once an offer is accepted

For many of my clients, the most concerning part is not the amount of redress offered, but the fact that accepting it closes the door to all other legal options.

A common misconception: that the Scheme primarily benefits survivors

The Scheme places strict limits on what survivors can receive.

Redress payments are capped at $150,000, with counselling costs capped at $5,000. These amounts are significantly lower than what may be awarded in a civil damages claim, particularly where the abuse has had a profound impact on a person’s mental health, relationships, and ability to work.

Meanwhile, institutions often benefit from the Scheme as:

• they avoid the legal costs associated with defending civil claims
• there are no findings of wrongdoing
• once a survivor accepts an offer, the institution is protected from any future legal action

Another misconception: that the process is quick and straightforward

Many victim-survivors are told that the Scheme is a quicker and easier alternative to court proceedings. In my experience, that is often not the case.

The application process can be confronting and retraumatising, particularly for those who attempt to complete it without legal advice. Survivors are asked to recount deeply personal experiences, often with little support.

After an application is lodged, communication is limited. Applicants frequently wait months, and sometimes years, without any meaningful updates.

An audit conducted in November 2025* found that the average processing time was 16 months. In reality, many survivors wait longer. In some cases, pursuing a civil damages claim can lead to resolution sooner.

The importance of understanding your alternatives

The National Redress Scheme is not the only option available to survivors.

A civil damages claim:

• is not capped at $150,000
• can take into account the full impact of the abuse, including pain and suffering, loss of income, and past and future medical expenses
• holds institutions financially accountable in a way the Scheme does not
• allows you to have your own lawyer advocating for you at every stage
• ensures regular communication and advice, rather than long periods of uncertainty

Importantly, seeking legal advice does not mean you must commence legal action. It simply means you are making an informed decision.

Before you accept a redress offer

Every victim-survivor’s circumstances are different. There is no single right path for everyone.

What I strongly encourage is this: before applying for the National Redress Scheme, or before accepting an offer under it, speak with an experienced lawyer who understands institutional abuse claims.

If you’ve already applied to the National Redress Scheme, but have not received any compensation, it is not too late to get legal advice about a civil claim.

Once an offer is accepted, your legal rights are permanently affected.

You deserve to understand your options fully before making that decision.

Don’t hesitate to call me on 03 9122 0288 or book an appointment with me here.

*Department of Social Services’ Management of the National Redress Scheme, Auditor-General Report No.9 2025-26 https://www.anao.gov.au/work/performance-audit/department-of-social-services-management-of-the-national-redress-scheme