National Redress Scheme or court claim? What abuse survivors need to know before the scheme closes

Compensation Law Senior Associate Henry Garrett discusses abuse claims and the important deadlines approaching for the National Redress Scheme. This is a complex area of law and an extremely sensitive topic for the many silent sufferers of institutional historical, sexual, or physical abuse in our community.

The National Redress Scheme is closing soon

Victims of abuse are coming forward in increasing numbers to obtain acknowledgement, formal apologies, vindication, treatment, and compensation for the sexual or physical abuse they suffered at the hands of perpetrators and institutions many years ago. 

For those who experienced institutional child sexual abuse, the National Redress Scheme has been an important avenue for achieving this. However, the scheme is now approaching its final stages.

Applications must generally be lodged by 30 June 2027, and the scheme itself is scheduled to close on 30 June 2028. Anyone who has been thinking about coming forward but has not yet taken that step needs to know about these dates.

There is some reassurance for those who miss the deadline, or who prefer a different path. Court-based compensation claims remain available, and there is no time limit on childhood abuse claims in Queensland and New South Wales. Below, we explain how the two avenues differ, so that you can decide which is right for you.

No one is more in need of help than those vulnerable victims who were abused as minors by a person or institution in a position of power. Those who endured abuse at an early, vulnerable age almost invariably suffer a lifetime of psychological torment, social exclusion and relationship problems. Their loss, pain and suffering are overwhelming and can be life-destroying.

Until the 2013-2017 Royal Commission into the Institutional Responses to Child Sexual Abuse, victims were often refuted, denied, barred by time limitations, or turned away to suffer in silence. Legislation precluded many claims in the first place. The Royal Commission changed that landscape and opened the door for silent sufferers to obtain meaningful redress or compensation.

The National Redress Scheme

The National Redress Scheme was established after the Royal Commission to acknowledge that many children were sexually abused in Australian institutions, and to hold institutions accountable. Eligible survivors can receive a monetary payment, a direct personal response from the responsible institution where appropriate, and access counselling and psychological care.

For many survivors, having an institution formally acknowledge what happened is just as important as financial compensation.

The National Redress Scheme covers institutional child sexual abuse only. However, survivors of institutional physical abuse may still be able to bring a claim through the courts.

Upcoming deadlines

Subject to limited exceptions, you must lodge applications by 30 June 2027. The government’s guidance states that applications must be made at least one year before the National Redress Scheme’s sunset date, so that they can be determined before it closes.

Late applications are possible in exceptional circumstances, but survivors should not assume that an extension will be granted.

The legislated sunset date of 30 June 2028 allows a further year for applications already lodged to be considered and finalised. The government has stated that it is committed to processing applications received before the deadline.

Questions remain about whether it can clear the workload in time. An Australian National Audit Office report recorded that 63,738 applications had been submitted between 1 July 2018 and 30 June 2025, with only 33 per cent recorded as complete as at 30 June 2025.

The ABC has also reported concerns about whether the backlog can be cleared by June 2028. The government says it is implementing measures to improve processing times, and its eighth-anniversary review of the National Redress Scheme is underway.

Applying can involve obtaining historical information, identifying the institution and providing details of the abuse. For many survivors, revisiting childhood abuse is extremely difficult and takes time. Starting early gives you room to consider your options without pressure.

Redress Scheme or court claim?

The National Redress Scheme offers survivors an alternative to pursuing compensation through the courts. Whereas, a common law claim involves seeking damages through the legal system. Both pathways have their own advantages.

• National Redress Scheme: provides a monetary payment (capped at $150,000.00), counselling and support, and where applicable, a direct personal response from the institution. The process is generally simpler, and you do not have to prove your case in court in the same way.
• Common law claim: a claim against the perpetrator, the institution, or both, for damages including pain and suffering, income or wage loss, treatment costs, care and assistance costs and future losses. There is generally no equivalent fixed cap. However, you must establish the elements of the claim, and liability and causation. Depending on cost thresholds, you may also be able to claim a significant contribution towards your legal fees from the other side. These types of claims are often taken on by a law firm on a No Win, No Fee basis so there are no upfront fees to worry about.

Pursuing redress can affect your ability to pursue a common law claim, and the consequences depend on the applicable legislation and your circumstances. It’s important to obtain legal advice before accepting a redress offer or resolving a claim.

Lifting of the (unfair) time limitation

Before the Royal Commission, there was a three-year time limitation on abuse claims, which meant that abuse victims only had until their 21^st birthday to make a claim or be permanently barred. This was intolerably unfair. Most childhood abuse victims are unable to even acknowledge, let alone discuss, the abuse they endured until well into adulthood (often three to four decades later, if at all).

The time limitation has since been abolished. In Queensland and New South Wales, claims for damages arising from abuse suffered as a child can generally be brought at any time. This means that the closure of the National Redress Scheme does not close the door on compensation altogether.

Who are abuse claims made against and can they be proven?

Claims can be made against an institution, an individual perpetrator of abuse who worked at or represented an institution, or in many cases, both. Institutions include churches, schools, kindergartens and childcare centres, universities, boys’ homes and girls’ homes, detention centres, foster homes, the Australian Defence Force and government departments. Where the perpetrator is no longer alive, institutions (or their insurers) step in and respond with respect to their own failures.

Institutions have a duty to protect children in their care, and often already know of a perpetrator through prior claims or complaints. In most cases, the starting point is showing that the perpetrator and the victim were at the institution at the same time. We build the case from there.

Attwood Marshall Lawyers – fighting for justice for abuse victim-survivors

Attwood Marshall Lawyers is dedicated to helping victims of abuse to obtain acknowledgement, written apologies, treatment and counselling, redress and meaningful compensation.

Our message for all the silent sufferers of abuse is that we hear you, we see you, and we believe you.

If you want to speak with an experienced and compassionate abuse compensation lawyer, contact our team for a free, confidential appointment (including by telephone). Call 1800 621 071.

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