5.1 Redress payment (monetary payment)

Introduction

Under the Scheme a person entitled to redress may be offered a monetary payment. To accept the redress payment component of redress, the person indicates in their acceptance document 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 kind of abuse the person experienced. The table below, from the Scheme's Assessment Framework, provides a guide on how a person's redress payment is determined.

The Operator, or an Independent Decision Maker, will determine the amount of Redress Payment that a person may receive by applying the NRS Assessment Framework.

The Operator, or an Independent Decision Maker, will assess the kind of abuse a person experienced to determine the recognition of abuse payment for the person from column 2. If more than one of the kinds of abuse was experienced, the Operator, or an Independent Decision Maker, will use the kind with the highest monetary payment to determine the recognition of abuse payment.

The recognition of impact payment in column 3, if applied, will also be aligned with the kind of abuse the person has experienced and added to the monetary payment.

Column 4 is a payment of $5,000, which can be applied if there is related non-sexual abuse. This can be applied if the person experienced any kind of sexual abuse.

Column 5 is a payment of $5,000, which can be applied if the person's living arrangements made them more vulnerable to abuse. This can be applied if the person experienced any kind of sexual abuse.

Column 6 is a payment of $50,000, which can be applied if the Operator, or an Independent Decision Maker, considers that there were extreme circumstances. This can only be applied if the person experienced penetrative abuse.

The maximum redress payment a person can receive is $150,000.

 

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 that a participating institution is responsible for that is 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

A payment that has previously been paid to a person by an institution for the abuse may be deducted from the amount of redress payment a person can receive. Only payments that the Scheme considers 'relevant prior payments' will be deducted.

A relevant prior payment is a prior payment that was made by, or on behalf of, a responsible institution in recognition of the abuse a person experienced or the harm caused by that abuse. The relevant prior payment will be deducted from the amount the institutions share of the redress payment.

Prior redress, ex gratia, and out of court settlement payments are examples of relevant prior payments, as long as they were made by the responsible institution in recognition of the abuse or the harm caused by the abuse.

Where a prior payment can be broken down into separate amounts that cover different purposes, only the amounts that were made in recognition of the abuse or the harm caused by the abuse will be treated as a relevant prior payment. Where the payment cannot be broken down into separate amounts, but covered different purposes, the entire amount is treated as a relevant prior payment.

Where a prior payment was made by an institution and it was not in recognition of abuse that the person experienced or the harm caused by the abuse, it will not be considered a relevant prior payment and will not be deducted from the monetary redress amount.

Where an institution made a prior payment to a person and that payment is reasonably attributable to medical, dental, legal or other expenses, the payment will not be considered as a relevant prior payment and will not be deducted from the monetary redress amount.

Payments that are not considered a relevant prior payment 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 (including legal fees)
  • 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: 1 July 2019