FAQ's for National Redress Scheme Claims
When does it start?
It is scheduled to start on 1 July 2018 and will run for 10 years.
Those who experienced child sexual abuse whilst in the care of an institution. However, the institution that was responsible for you must "opt in" to the scheme for the application to be accepted.
What is sexual abuse?
The definition of sexual abuse is broad and can include types of sexual humiliation or acts such as being shown pornography.
Should I do a National Redress Scheme or should I proceed with a civil claim?
The NRS is an option that is in addition to any civil rights. We assess each claim and advise you which is best for you.
Why should I even consider a civil claim?
Depending on the evidence you may be entitled to more compensation under a civil claim. Furthermore, the civil process is more flexible in approach and outcome. We assess each claim and advise you which is best for you.
Do I need a lawyer?
The National Redress Scheme can only make an award based on the evidence presented.
The scheme is not allowed to give you legal advice on how to improve your claim. Lawyers with experience in the field know how to build and present cases to maximise the award. You are only allow to make one application so you do not want to get it wrong.
Furthermore, represented claims are better prepared, delivered with strength and generally deliver better outcomes.
How much will it cost?
Artemis Legal has a no-win-no-fee* policy. For approved cases, our professional fees, including any barristers fees, are on a no-win-no-fee basis. This means that our fee is only paid on a success or a win basis which typically means when we get you compensation. We will give you an estimate of costs as part of your inquiry. Click here to see our No-Win-No-Fee policy.
How much detail will I have to go into?
It depends. In almost all occasions you only have to go into the details of the violence or abuse and the effect it has had on you in writing.
When I am talking about really personal things, can I chose to talk to a woman or a man?
Yes, if you feel more comfortable with a woman or man, we can arrange for either to take your statement. This can happen over the phone, in person or via Skype.
What can I expect to get out of it?
All survivors are different and get different things from the process of making a claim. However, most survivors respond well to the sense of taking action, being heard and getting answers. The size of the award will depend on the abuse itself and the strength of evidence supporting the psychological damage sustained as a result of the injury or abuse.
Awards are capped at $150,000.
Who will ultimately pay?
It is intended that the institution will ultimately pay.
What if I have already had a claim and been paid?
The National Redress Scheme is permitted to make awards despite earlier deeds or other written releases in relation to future claims. However, the National Redress Scheme will take into consideration any earlier payments made when determining any further payments.
Will I have to go to court or attend?
There is no court hearing or cross examination. You are not required to attend. However, we expect there will be an opportunity to attend if you wish to.
What if I am not happy with the award?
There is a review process but further, you are not obliged to accept the award and your rights to make a civil claim are not affected unless you accept the award. We prepare our matters so that they are "court ready" so most of that work can be used in any future civil claim.
Should I claim against the offender?
The offender is not covered directly by insurance for their crimes. We sometimes take on matters directly against the offender but that is generally only worthwhile where the offender has assets such a house in their name.
I have a matter with another firm, can I move my matter to Artemis Legal?
It depends. In many cases it is not in your best interests to move firms. However, contact us and we will advise your rights to move firms and in some instances, we will offer to act for you.
Can you help me get support for my well-being during the process?
Yes. This is often called "restorative justice" and therefore it important that claims are part of a process of recovery. We can help you get support during the process. See our page on Wellbeing - click here.