The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

3.2.1 What does 'reasonable likelihood' mean?

Summary

The Royal Commission into Institutional Responses to Child Sexual Abuse recommended in its 2015 Redress and Civil Litigation report, that reasonable likelihood should be the standard of proof for determining eligibility for redress. For the purposes of the Scheme, reasonable likelihood means the chance of the person being eligible for redress is real, and is not fanciful or remote and is more than merely plausible.

The Operator must consider whether it is reasonably likely that a person meets each of the Scheme's eligibility requirements, including that it is reasonably likely that a person experienced sexual abuse as a child, and that a participating institution, or listed institution under funder of last resort arrangements, is responsible for an alleged abuser/s having contact with a person.

Determining if there is a reasonable likelihood a person is eligible for redress

In considering whether it is reasonably likely that the person is eligible, the Operator must take into account all of the information available to them. This includes:

  • the information contained in the person's application form
  • any documentation a person provides in support of their application, for example, written testimony to past schemes or inquiries, including the Royal Commission into Institutional Responses to Child Sexual Abuse
  • the information provided by the relevant participating institution/s in response to a Request for Information (RFI) from the Operator, including any supporting documentation
  • any other information available including from Scheme holdings (for example, where the Scheme has built up a picture of relevant information about the same institution during the relevant period, or the same abuser).

As stated above, the Operator is able to request information from participating institutions to help determine eligibility and responsibility of participating institutions. However, where a participating institution does not hold a record (i.e. historical information) this will not prevent the Operator from determining a person is eligible for redress.

Factors for establishing 'reasonable likelihood'

In establishing reasonable likelihood for a person's application, factors considered by the Operator may include, but are not limited to:

  • the person states the abuse occurred
  • a participating institution/s indicates they should be treated as responsible for the person's abuse
  • a report or complaint of the abuse occurred
  • the person received a prior payment for the abuse from the institution, and
  • people with similar claims against an abuser or institution have been found eligible for redress.

Additionally, the Operator must also consider that some people:

  • have never disclosed their abuse before and including their experience of abuse in their application to the Scheme may be the first time they have done so
  • will be unable to establish their presence at the institution at the relevant time of the abuse (for example, the person has no access to their records, the institution's records may have been destroyed or lost, record keeping practices may have been poor, or the person may have attended institutional events where no attendance record would have been taken), and
  • do not have corroborating or other documented evidence of the abuse they suffered.

Act reference: NRSAct Part 2-2 Division 2 Entitlement to redress under the scheme

Policy reference: Redress Guide 3.2 When is a person eligible for redress?, 8.2 Funders of last resort, 1.1.L.10 Listed institution

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