4.1 Redress payment (monetary payment)

Introduction

Under the Scheme a person entitled to redress may be offered a monetary payment. In formally accepting the offer of redress, the person indicates to the Scheme that they wish to be paid a redress payment.

Amount of redress payment

The amount of redress payment a person can receive depends on a person's individual circumstances, specifically the type of abuse the person experienced. The table below, from the Scheme Assessment Framework, provides a guide on how a person's redress payment is determined.

The amount of redress payment a person may receive is the sum of Column 2 to Column 6. However, an amount from a column should only be used in determining the amount of redress payment where the description in the Column applies to a person's circumstances, as outlined in their application for redress.

 

Column 1

Kind of sexual abuse of the person

Column 2

Recognition of sexual abuse

Column 3

Recognition of impact of sexual abuse

Column 4

Recognition of related non-sexual abuse

Column 5

Recognition person was institutionally vulnerable

Column 6

Recognition of extreme circumstances of sexual abuse

1 Penetrative abuse $70,000 $20,000 $5,000 $5,000 $50,000
2 Contact abuse $30,000 $10,000 $5,000 $5,000 Nil
3 Exposure abuse $5,000 $5,000 $5,000 $5,000 Nil

Note 1: Only one item of each column from the table can be relevant to a person (because an item covers all of the sexual abuse of the person within the scope of the Scheme).

Note 2: The amount of redress payment is also affected by section 30 of the NRSAct and the NRS Rules made for the purposes of that section.

Prior payments

Where a person has previously been paid a relevant prior payment by an institution for abuse that the institution is responsible for, the amount of that prior redress payment will be deducted from the amount of redress payment they are offered under the Scheme.

A prior payment is a relevant prior payment where the payment is in recognition of the harm caused by child sexual and related non-sexual abuse that the institution is responsible for, or in recognition of such abuse itself. Prior redress, ex gratia, out of court settlement and prior victims of crime monetary payments are relevant, as long as they were made in recognition of abuse or harm and by or on behalf of a responsible participating institution. Where a relevant prior payment was broken down into dollar amounts to cover multiple purposes and only some of those purposes are relevant purposes, each component can and will be treated as if it was a separate payment. Where a prior payment has not been broken down into dollar amounts, but covered purposes other than relevant purposes, the entire amount of the payment is a relevant prior payment.

Where a prior payment was made by an institution and it was not in recognition of sexual abuse that the person experienced, it may not be considered a prior redress payment for the purposes of the Scheme.

Where an institution made a prior payment to a person and that payment was reasonably attributed to medical, dental or other expenses for the purposes of the Scheme such a payment may not be considered a prior redress payment.

Payments that will not be considered a prior redress payments for the purposes of the Scheme include:

  • certain payments or compensation paid under the
    • Military Rehabilitation and Compensation Act 2004
    • Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006
    • Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988
  • any payment which is not in recognition of the abuse or harm caused by the abuse
  • any payment which can reasonably be attributed to expenses of medical, dental or other treatment
  • any payment for non-sexual abuse if it does not relate to sexual abuse in a person's application for redress.

Act reference: NRSAct Part 2-5 Division 2 The redress payment

NRS Assessment Framework

NRS Rules Part 6 Division 3 Payments that are not relevant prior payments reducing institution's share of costs of redress payment

In this chapter

This chapter contains the following sections:
Last reviewed: 13 August 2018