The National Redress Scheme
The National Redress Scheme was established following the much publicised Royal Commission into Institutional Responses to Child Sexual Abuse.
The scheme offers survivors of sexual abuse from participating organisations an opportunity to access to financial compensation.
It is important to obtain legal advice about all your legal options before you accept any compensation under the scheme. Acceptance of compensation through the scheme can preclude you from seeking possibly larger amounts of compensation through the court system.
In NSW a survivor can make an intentional tort claim against the perpetrator of the abuse and/or the institution which enabled the abuse to occur. Additionally, there may be an additional action in negligence against the institution for breaching its duty of care to those in its care.
Intentional tort claims in NSW against the perpetrator of the abuse allow a survivor to claim financial compensation for damages at common law.
There may also be other compensation available under the Victims Rights and Support Act 2013 (NSW).
What can be claimed?
The amount of financial compensation will depend on the type of claim which is brought. Typically claims for damages through negligence or intentional tort court actions attract greater compensation than claims brought through statutory schemes such as the National Redress Scheme or the Victims Compensation Scheme.
There are strict time limits with the different types of legal actions. You should seek urgent legal advice if you are a survivor of institutional childhood sexual or physical abuse as different time limits apply to the different types of action.
Importantly, there have been significant reforms in relation to historical abuse claims. This means that many claims that were previously statute barred by time limits may now be brought.
At Remedy Law Group we work on a no win no fees basis, which means that you will only be required to pay our legal costs if we achieve a successful outcome for you and our first consultation is always free.