Survivor Roundtable, 6 March 2024
There have been six Roundtables held to date. The most recent, hosted by the Minister for Social Services, the Hon Amanda Rishworth, was held in Perth on 6 March 2024. Read more about the event in the National Redress Scheme Update from 26 March 2024.
The Scheme is grateful for the engagement of all who attended, for those who generously shared their experiences of the Scheme, and to those who bravely spoke about their stories. Roundtable attendees came from many backgrounds including members of the Stolen Generations, former child migrants and care leavers (Forgotten Australians).
These valuable contributions were insightful and will be used to inform future operational and processing matters for the Scheme. The next Roundtable is being planned for the second half of 2024.
An Overview and Outcomes Report from the Perth Survivor Roundtable is available below. The Report contains questions and answers from the Perth Roundtable. A selection of these are also listed below, sorted into the following topics:
Operational questions about the National Redress Scheme
1. Why does the Scheme require applicants to give up their common law rights to civil action?
The Redress Act states that an applicant who accepts a redress offer will be required to sign a document which releases any institutions found responsible for abuse in an application. The practical effect of the relevant sections of the Redress Act is that an applicant cannot be paid twice in respect of abuse perpetrated by the same institution.
If an applicant has already received a civil settlement from an institution and then also applies for redress, the monetary sum of the civil settlement will likely be considered a relevant prior payment. If that applicant receives an offer of redress, any monetary amount would be reduced by the civil sum.
2. If you have received an advance payment of redress but decide to pursue a civil claim instead, do you have to pay back the advance payment?
An applicant will have to repay the advance payment amount if they withdraw their application, or they decline the offer of redress they receive from the Scheme.
3. Will the Scheme end in 2028 as scheduled?
Yes, and applications are able to be submitted until 30 June 2027. Any decision to extend the Scheme is a matter for the Commonwealth Government, in consultation with all state and territory governments.
This decision will be informed by the findings of the legislated 8-year review of the Scheme.
4. Why isn’t the full statement of reasons provided?
From 2 April 2024, Independent Decision Makers are using a new statement of reasons template which will mean that applicants will, by default, receive a full, redacted statement of reasons.
Prior to 2 April 2024, an applicant could, and still can, also request their full statement of reasons by lodging a written administrative release request.
Please note that while the new template is being used for all decisions from 2 April, it is expected to take several weeks for the new Statement of Reasons to begin flowing to applicants.
5. How can we stay better connected with the National Redress Scheme?
One of the best ways to stay in touch with the Scheme is to subscribe for monthly updates. You can subscribe here(Opens in a new tab/window).
Survivors and other interested people are also encouraged to regularly visit the Scheme’s website for the most up to date information on the Scheme.
Institutions
6. What is the penalty for non-compliant institutions if it’s not a charity?
Institutions named in an application that fail to join the Scheme within six months of first contact by the Scheme may be subject to consequences. These consequences include:
- public naming by the Scheme Operator as having failed to join the Scheme
- associated reputational damage
- loss of future access to Commonwealth and State grant funding
- loss of charitable tax status, if applicable.
7. What happens if an institution named in an application is not a participating institution?
When an institution is named in an application for the first time, its ability to participate and meet its obligations is assessed through a research, outreach and onboarding process undertaken by the Scheme. The Scheme contacts the institution to advise that it has been named in an application and then the Scheme works with the institution to commence the onboarding process if they agree to join the Scheme.
Where an institution has been named in an application and is assessed by the Scheme as being unable to join, the institution may progress to a Funder of Last Resort arrangement with the relevant state or territory government. These provisions apply where an institution no longer exists or does exist but lacks the financial resources to participate fully in the Scheme.
Direct Personal Response
8. How many people are accessing their Direct Personal Response (DPR)?
Around 200 people per year are accessing their Direct Personal Response. Applicants who receive an offer of redress and accept the DPR component can commence their DPR at any time prior to the end of the Scheme.
This number is less than the number of applicants who indicate that they would like a DPR as part of their redress offer.
The Scheme supports applicants to commence and engage with their DPR through the Scheme’s DPR Information and Support Service or through Redress Support Services.
Independent Decision Makers
9. i) How are Independent Decision Makers (IDMs) selected?
Independent Decision Makers are recruited through various methods, including a nomination by state and territory governments. A panel comprised of Department of Social Services (DSS) senior executives selects Independent Decision Makers based on specific selection criteria, and individuals are screened for suitability. As Scheme partners, State and Territory governments must also agree to the Independent Decision Makers selected. The Scheme Operator then makes a determination on whether to engage an Independent Decision Maker under subsection 185(1) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. State and territory governments are provided the opportunity to support or identify concerns prior to engagement of an Independent Decision Maker.
ii) What training do they receive?
The Scheme provides intensive induction training to Independent Decision Makers and ongoing support is delivered through standardised practices, including task cards and on-going training sessions. Independent Decision Makers also attend additional training sessions and attend workshops throughout the course of their engagement. The Scheme has also established a panel of Chief Independent Decision Makers who support all Independent Decision Makers with education and advice, to foster consistent and high-quality decision making.
Redress Support Services
10. How are Redress Support Services (RSS) selected and trained?
RSS play a critical role in providing practical and emotional support for people who have experienced institutional child sexual abuse and who wish to apply for redress through the Scheme.
In September 2021, DSS conducted an open competitive selection process (grant opportunity) to deliver services from 1 July 2022 to 30 June 2024. These grants have recently been extended for a further three years.
RSS workers receive training from the Scheme in addition to their professional qualifications in fields such as counselling and social work. Each RSS is required to demonstrate that they have a program of ongoing professional development, training and wellbeing supports for their redress staff, with updates provided to the Scheme annually.
The department also funds know more Legal Services additionally to help RSS build their capacity and understanding of the Scheme.
Counselling and Psychological Care
11. Why does each state offer different counselling services?
The provision of trauma-informed counselling is an important element of the Redress Scheme. All applicants that receive an offer of redress under the Scheme are provided with access to counselling and psychological care if they accept this component of redress.
The CPC component of a redress offer is delivered by relevant state or territory government. The delivery arrangements are a matter for each government, however they must meet the minimum standards set out in the Inter-Governmental Agreement. Several jurisdictions have recently revised their CPC offering in an endeavour to provide CPC that meets the diverse needs of survivors of institutional child sexual abuse.
12. Cross jurisdictional issues are causing barriers for people who reside outside the states or territories in which they were abused. What is being done to streamline this process?
States and territories have arrangements in place for people to access counselling and psychological care where an application relates to abuse incurred in another jurisdiction.
Affected applicants who have accepted an offer of counselling and psychological care in Western Australia (WA) should contact the WA Redress Co-ordination Unit at the Office of the Commissioner for Victims of Crime.