Survivor Roundtable, 16 October 2024
There have been 7 Roundtables held to date. The most recent, hosted by the Minister for Social Services, the Hon Amanda Rishworth MP, was held in Adelaide on 16 October 2024. The event was attended by 23 survivors and their support people, as well as Minister Rishworth, Attorney-General Kyam Maher MLC representing the South Australian state government, and the Department of Social Services’ then-Secretary Ray Griggs in his role as National Redress Scheme Operator.
The National Redress 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 National Redress Scheme. The next Roundtable will be held in 2025.
An Overview and Outcomes Report from the Adelaide Roundtable will soon be available. An Overview and Outcomes Report from the previous Roundtable in Perth is below.
Overview and Outcomes Report
Questions and answers from the Adelaide Roundtable
- Operational questions about the National Redress Scheme
- Stakeholder engagement
- Institutions
- Independent Decision Makers
- Redress Support Services
Operational questions about the National Redress Scheme
1. What is the plan for the National Redress Scheme after 2027?
The National Redress Scheme is legislated to end on 30 June 2028, with the receipt of applications ceasing 30 June 2027. The end of the National Redress Scheme is a matter for Commonwealth and, State and Territory Governments. The Department of Social Services does not have any decision-making power in relation to this. A review will be conducted for the National Redress Scheme’s eighth anniversary, which will inform the final years of the Scheme.
The National Redress Scheme is working on finalising every application it receives before the legislated end (30 June 2028) of the Scheme.
Application numbers continue to rise, and the National Redress Scheme is working to streamline processes to reduce the application processing time.
2. Can the National Redress Scheme be improved to help applicants feel believed, especially where there is a lack of records that verify their claim?
The Independent Decision Maker is the person that decides if a person is eligible for redress under the National Redress Scheme. To do this, the Independent Decision Maker considers all the information provided in your application and by the institution/s. If they find you eligible, and an institution responsible for the abuse you experienced, you then an offer of redress can be made. We acknowledge that records may not be available to applicants or may not exist, an absence of records does not mean someone cannot access redress.
3. Can the National Redress Scheme improve the way ineligible outcomes are delivered, to make them more trauma informed?
The National Redress Scheme is reviewing its communication with applicants to ensure improvements continue to be made and decisions are communicated in a trauma-informed manner.
4. It would be good to acknowledge the National Redress Scheme is inconsistent in relation to decisions where there is a lack of records.
Each decision is made on a case-by-case basis, including how information is accessed as part of the application. If an applicant or nominee is concerned by the reason for a decision, they should contact the National Redress Scheme and consider lodging a request for review.
5. The National Redress Scheme chose not to have the maximum redress payment of $200,000, as recommended by the Royal Commission. How does the National Redress Scheme recognise the pain and suffering of survivors when it is not following this recommendation?
After consultation with state and territory governments and the Independent Advisory Council, the Australian Government decided on a maximum payment of $150,000, as recognition to people who experienced institutional child sexual abuse.
6. If someone applies to the National Redress Scheme and cannot remember the name of the abuser, but remembers after the application is finalised, what are their options? Can they reapply or pursue civil options?
The National Redress Scheme is about holding the institutions responsible and to account, not individual responsibility. Therefore, it is not essential to include the abuser’s name if it is not remembered.
Once an outcome is accepted, the applicant releases the institution, but not the abuser, from future civil liability. Accepting a redress outcome does not restrict an applicant’s ability to pursue a criminal case. However, a person who has accepted a redress outcome cannot reapply to the National Redress Scheme.
7. Why does application processing take so long? Why doesn’t the National Redress Scheme employ more people and make things more efficient?
Application numbers continue to rise, and the National Redress Scheme is working to streamline processes to reduce the application processing time. The average processing time from the date the National Redress Scheme first receives an application until notifying an outcome is approximately 13 months. This includes time outside the National Redress Scheme’s control, such as when gathering information from institutions or applicants, or when applicants are considering their options.
8. Why does the National Redress Scheme not employ people with lived experience?
While the Scheme does not specifically seek to employ people with lived experience, it does employ a Trauma Informed Adviser. This position advises the Scheme on trauma-informed principles, impacts, and nature of child sexual abuse to support staff working with survivors through their application journey.
9. Why are there more ineligible outcomes than there were a few years’ ago?
Applications to the National Redress Scheme have been steadily rising since it began. As the number of total applications rise, the number of ineligible outcomes naturally rises as well. However, there has not been a significant increase in the proportion of ineligible outcomes.
10. If an applicant dies after submitting an application and getting an outcome, can their family request a review on their behalf?
If a deceased person's application is determined eligible for Redress, the Redress Monetary Payment component of the outcome may be paid to the appropriate party. The appropriate party is not eligible for the Direct Personal Response or Counselling and Psychological Care, and they cannot request a review. In some circumstances, an ‘out of scope’ Direct Personal Response is possible if the relevant institution agrees.
Stakeholder engagement
11. Why are health professionals unaware of the eligibility requirements of the National Redress Scheme?
Despite continued efforts to raise awareness of the National Redress Scheme and its eligibility requirements among front line services, the National Redress Scheme acknowledges that some doctors, psychologists and health professionals are still unaware of the Scheme. There are several different Schemes that people may be eligible for, including the National Redress Scheme, Territories Stolen Generations Redress Scheme, Victorian Care Leaver’s Scheme and Historical Forced Adoptions Redress Scheme. The number of Schemes available can cause confusion about eligibility requirements and we continue to engage with frontline services about the National Redress Scheme to raise their awareness.
12. Are there any plans for the National Redress Scheme to engage with aged care facilities, as some residents may be eligible for redress?
The National Redress Scheme recognises there are challenges for people living in aged care who may be eligible for the Scheme. The National Redress Scheme is engaging with the Department of Health and Aged Care about this. From January 2025, redress payments will be exempt from aged care means testing for survivors who access permanent residential aged care.
Institutions
13. Many people are confused by the word ‘institutions’, as they might think they had to be in foster care or gaol to be eligible. Could the word ‘institutions’ be changed to ‘organisations’?
The National Redress Scheme legislation uses the term ‘institutions’, and we are bound to use that term in certain contexts. However, the National Redress Scheme is working to ensure our communications material and website clearly explain what ‘institution’ means wherever possible.
14. When an institution becomes defunct by their own choosing, such as by setting up its organisational structures in particular ways to avoid liability, can the National Redress Scheme publicly name them?
When an institution is first named in an application, the National Redress Scheme does extensive research to determine whether it is defunct or linked to another institution that continues to operate. If it is evident that an institution has taken actions to avoid liability, the institution can be publicly named as refusing to join the National Redress Scheme. While the National Redress Scheme is voluntary, where an institution is named in an application and can join but declined or not responded to the Scheme’s requests, consequences may be applied.
Independent Decision Makers
15. How does the National Redress Scheme ensure Independent Decision Makers (IDMs) are sensitive and trauma informed when writing their Statement of Reasons?
From April 2024, the National Redress Scheme introduced a new Statement of Reasons (SoR) template for IDMs to use when outlining their decision on a redress application. The National Redress Scheme acknowledges that receiving the SoR may be upsetting or an important part of their journey for applicants. Measures have been implemented to minimise harm as much as possible and provide options for applicants to make their own choice about what to do with the document.
16. Can training for IDMs influence them to think, “if this was my child, what amount would I give them” when determining a redress payment?
When determining whether an applicant is eligible for redress, the IDM is bound to follow the Redress Act, the Redress Rules and the Assessment Framework. It would not be appropriate for an IDM to base a decision on an emotive consideration.
17. Will the National Redress Scheme address the procedural unfairness related to the lack of transparency in relation to the assessment framework used by IDMs?
IDMs must comply with the Redress Act, the Redress Rules and the Assessment Framework to determine whether an applicant is eligible for redress, and if so, what the sum of the offer of redress should be. All this legislation is publicly available on the Federal Register of Legislation website.
Redress Support Services (RSS)
18. Can I continue to access support from RSS after I receive an outcome?
Support from RSS continues after an outcome has been delivered, including where applicants would like support to access a Direct Personal Response. Eligible applicants can also access counselling and psychological care as part of their outcome, and RSS can assist with this transition.
19. How will RSS cope with increasing numbers of applicants without extra funding?
RSS across Australia are experiencing high demand, leading to capacity issues and the need to implement waitlists in many areas. Additional funding was allocated in 2023 to support essential RSS who assist survivors in applying to the National Redress Scheme. This funding will continue until 2027 at this stage.
While the Scheme encourages people to access RSS, it is important to note that you do not have to apply to the National Redress Scheme through an RSS.