Should I go to the National Redress Scheme myself or get Legal Advice first for my childhood abuse claim?

While the National Redress Scheme can offer remedies suitable to many child sexual abuse survivors, here at MKF Lawyers we consider it best that child sexual abuse survivors speak to an experienced lawyer about their options before applying to the National Redress Scheme. This is because accepting an Offer of Redress can prevent a survivor from pursuing other legal avenues, which may be more favourable.

There was recently an ABC News story concerning a forthcoming class action against Knowmore Legal, a government organisation that provides free legal advice in relation to the National Redress Scheme. We do not assert that because there is a proposed class action that Knowmore Legal have done anything wrong.

Instead, we see this story as reiterating the importance of seeking legal advice before accepting an Offer of Redress from the National Redress Scheme and ideally before applying to the National Redress Scheme.

If an application to the National Redress Scheme by a survivor of sexual abuse is accepted the survivor is eligible for the following remedies, depending on their circumstances, as set out in the assessment framework:

• A payment;
• An allowance or payment (depending on where the survivor lives) for counselling and psychological services; and
• A direct personal response (an apology or act of acknowledgment).  

The maximum amount of the redress payment available is $150,000.00, which is premised on all criteria being satisfied. In our experience it is not common that all criteria are satisfied. As at 9 December 2022, the average payment was $87,955.

In a civil or common law claim, there is no limit on the amount of compensation a Court can award.

Accepting an Offer of Redress means that thesurvivor cannot make a civil or common law claim. Thismeans that a survivor may be short-changing themselves from a greater amount ofcompensation that could be awarded in a civil claim.

We encourage survivors of child sexual abuse tocontact an experienced lawyer before making a decision about the pathwaytowards compensation they wish to pursue.

MKF Lawyers have male and female lawyers that are experienced and take a sensitive approach to these matters.

If you have experienced childhood sexual abuse and wish to discuss your compensation options, we have experienced solicitors that will talk to you about your claim options. You can request a confidential, free claim check by calling us on 08 7093 2998 or by submitting an online enquiry via our website at mkflawyers.com.au/abuselawfreeclaimcheck

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