Child Sex Abuse

The National Redress Scheme is run by the Commonwealth Government for survivors of institutional child sexual abuse and provides survivors with an alternative to a common law compensation claim.

If you make an application to the National Redress Scheme they will assess:

• whether you are eligible under the National Redress Scheme;

• how your life has been impacted as a result of the childhood sexual abuse;

• if there is an institution they can hold accountable for the childhood sexual abuse under the National Redress Scheme;

• whether you require counselling, or a direct personal response from the institution responsible; and

If all the above is satisfied, what monetary amount is appropriate to compensate you in the circumstances.

No, if you are a survivor of childhood sexual abuse, there is likely to be other compensation options available to you.

One of those options is to make common law claim for compensation. Most common law claims settle through negotiations between the parties, before having to go to trial.

Some of the benefits of pursuing a common law claim as opposed to making an application through the National Redress Scheme are:

• Unlike National Redress compensation payments which are capped at a maximum of $150,000.00, common law claims do not have a limit on the amount of money a person might receive as a result of injuries they have sustained from the childhood sexual abuse.

• Unlike the National Redress Scheme, there is no time limit on when a person can pursue a common law claim in Western Australia for injury arising as a consequence of childhood sexual abuse, whereas the National Redress Scheme ends on 30 June 2027.

• There may be an option to request a face to face or written apology from the institution(s) responsible.

If you are a survivor of childhood sexual abuse, you may be able to seek compensation for physical and psychological trauma resulting from the sexual abuse, even if you have previously received a payment or entered into a settlement agreement.

Some factors that will be considered when determining whether a survivor can still make a claim if they have previously received a payment, or entered into a settlement agreement, are:

• Whether there was a time limit that prevented survivors from being able to make a common law claim for compensation at the time the payment was made, or settlement agreement was entered into;

• Whether the amount of the payment was unreasonable in the circumstances; and

• Whether the survivor was legally represented at the time of the previous payment or settlement agreement.

If you have previously received a sum of money as part of a settlement agreement for childhood sexual abuse and want to find out if the settlement can be set aside to allow you to make a common law claim for compensation, we may be able to help.

Bradley Bayly Legal will be able to advise if you are eligible to make an application to have your settlement agreement set aside, what further payment you may be entitled to, and guide you through the next steps.

Contact us today to find out more.