Compensation isn’t just about money. It’s about being heard, acknowledged, and treated with dignity. And in Victoria, survivors of institutional abuse have more than one pathway to seek recognition and financial redress. Learn how compensation works, particularly the difference between the National Redress Scheme and common law claims, and why the legal path may provide greater outcomes for many.
If you have suffered child sexual abuse within an institution, whether it was a church, school, orphanage, foster care, or a government-run facility, you may be eligible for support through the National Redress Scheme. This program was created to acknowledge the profound harm caused by institutional abuse and to provide survivors with access to practical support and recognition. The National Redress Scheme offers three main components:
- A redress payment
- Access to counselling and psychological care
- A direct personal response from the institution(s) involved, such as a formal apology
The National Redress Scheme and Its Compensation Cap
The National Redress Scheme is a Commonwealth initiative created to acknowledge survivors of institutional childhood sexual abuse. It was established to offer a simpler, non-adversarial alternative to litigation. However, there are limitations.
Redress payments are made to survivors to acknowledge the abuse and the impact it has had on their lives. These payments are assessed on a case-by-case basis and can range from less than $10,000 up to a maximum of $150,000.
Payments are:
- Non-taxable
- Exempt from income tests for Commonwealth Government payments like the Disability Support Pension or Age Pension
- Not counted for Commonwealth debt recovery
- Protected from creditors if you are bankrupt
If you’ve already received a payment from an institution related to the same abuse, that amount will be deducted from your redress offer. You must declare any such prior payments before accepting a redress offer.
Importantly, accepting a redress payment usually means giving up your right to pursue a civil claim. That decision is final. It’s a choice that should be made with full understanding of your entitlements under common law. Our advice is that you should not make an application under the redress scheme and extinguish your common law entitlements.
How Common Law Claims Can Provide Greater Compensation
There is no legislated cap on Common law compensation in Victoria for survivors of institutional abuse. This pathway often results in significantly higher payments than under the redress scheme, especially for survivors who have suffered enduring psychological injury.
Under a common law claim, you may be entitled to compensation for:
- Pain and suffering
- Psychological conditions such as PTSD, depression or anxiety
- Loss of past and/or future income and earning capacity
- Medical and therapeutic costs
- Reduced quality of life
- Support or care expenses
These claims consider the depth and duration of trauma, the survivor’s age at the time of abuse, the impact on education or employment, and whether the institution concealed or failed to prevent the abuse.
Unlike the redress scheme, common law allows for tailored recognition of individual harm. Many cases settle confidentially and out of court, without the need for a public trial.
What Determines the Amount of Compensation?
There is no one-size-fits-all outcome. Your compensation is determined by several key factors:
- The type, severity, and duration of abuse
- Your age when the abuse occurred
- The psychological and physical effects, both short and long term
- Evidence of institutional negligence or concealment
- Disruption to your education, relationships, or work life
We work closely with medical experts and trauma professionals to ensure these impacts are clearly presented, and respectfully handled.
Counselling and Psychological Support
Healing from child sexual abuse takes time, and often professional support. As part of your redress offer, you can choose to receive access to specialised counselling and psychological care. How you access this care will depend on where you live:
- In some states, you’ll be referred to local support services, experienced in trauma counselling
- You’re entitled to a minimum of 20 hours of counselling over your lifetime
- If you live overseas, you may receive a lump sum of up to $5,000 to pay for care in your country
When you receive an offer of redress, your letter will include details about how to access this support. You can choose to accept or decline this part of the offer.
Why Survivors Trust Carbone Lawyers
Carbone Lawyers has decades of experience representing survivors of abuse across Victoria. We are one of the few firms with experienced, trauma-informed lawyers that understand institutional abuse claims.
We also understand the emotional toll of these matters. Our approach is confidential, respectful, and survivor-led. Whether your case involves a church, state-run home, school or private institution, we are committed to achieving the best possible outcome, with compassion and determination.
You Deserve More Than Silence
It starts with a conversation. No pressure. No obligation. Just clear, confidential advice from lawyers who treat you with respect.
If you’re considering your options and want to understand whether the redress scheme or a common law claim is more appropriate for your situation, Carbone Lawyers can help. Contact us to support your healing and your rights.
