National Redress Scheme: Key facts A National Redress Scheme for survivors of institutional child sexual abuse was launched on 1 July 2018. As the experts on Redress in WA, Tuart Place continues to receive a large volume of new enquiries as well as from people we previously assisted during the Redress WA scheme. The main question people ask is Am I eligible? Unfortunately almost half those who took part in Redress WA are ineligible for the new scheme because they were not sexually abused. This continues to be a source of confusion and distress, and has created unhelpful divisions within established communities of care leavers: the Forgotten Australians, former child migrants and members of the Stolen Generations. Another question we’re being asked is about the impact of past redress payments. All previous payments
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from Church, State and other past providers will be scaled up for inflation and deducted from any payment under the National Redress Scheme.
What are key things to know about the NRS? • Physical abuse and neglect are only taken into account if the person was also abused sexually • There is no hurry to apply – assessment of applications from WA will not begin before January 2019, because the WA Government has not yet passed the necessary legislation. • Find out before you apply whether you are likely to receive anything from this scheme • Get help to prepare your application from free, specialist services. There is no need to pay a private lawyer.
Free information session: Buyer Beware!
Care leavers paying private lawyers to prepare National Redress Scheme applications
We’re aware of people being referred to private lawyers to prepare redress applications and have seen costs agreements binding people to pay legal costs estimated between $3,500 - $5,500 plus GST, in addition to an unknown amount of disbursements. This is of great concern. During Redress WA, some survivors ended up owing more in legal fees than they received under the scheme. This occurred in Redress WA because the payment levels were halved after the application period had closed and there was no provision for free legal advice; whereas with the National Scheme it is more likely to result from confusion over prior payments. However, even when an applicant is eligible for the maximum NRS payment, his or her settlement should not be depleted by law firms charging for services available free of charge. knowmore Legal Service is funded by the Federal Government to provide free, independent legal advice and help with preparing applications. Don’t pay unnecessary legal fees for a redress application - contact knowmore for free assistance.
HOW CAN KNOWMORE HELP? People who accept National Redress payments will be asked to sign a Statutory Release. By signing this release, you will not be able to continue or to commence civil law proceedings against the responsible institution. This is an important right to give up. knowmore lawyers can give you advice about the release and as to the legal options that you might have apart from redress. Contact knowmore’s free legal service Phone: 1800 605 762 Web: www.knowmore.org.au Email: info@knowmore.org.au
Perth lawyer Gary Dean with Tuart Place Director Pip White and knowmore Legal’s Prue Gregory
Free Information session What you need to know about legal costs with lawyer Gary Dean Monday 17 September 2018 1 - 2.30pm
Gary will discuss legal costs including: whether you need to pay a lawyer to help prepare your redress application; the types of legal costs; and what you should ask and do before you sign a ‘costs agreements’ for a civil claim. Gary will talk about this complex area ‘in plain English’, and answer any questions you may have. Book in with Vicky: Phone 6140-2380 or email admin@tuartplace.org 3
