The Federal Government has announced a Commonwealth Redress Scheme for survivors of institutional child abuse. The joint statement released by Attorney-General George Brandis and the Minister for Social Services, Christian Porter, is set to deliver on the Coalition's promise to seek redress for survivors of institutional abuse. The scheme is a response to recommendations by the Royal Commission into Institutional Responses to Child Abuse that a national redress scheme or separate state and territory redress schemes should be created to facilitate access for survivors, with the ‘ideal position’ being the establishment of a single national scheme led by the Federal Government. Refer to our earlier article for more information.

More details

The Commonwealth scheme is planned to be in place by 2018 and will provide options for those survivors who require assistance such as psychological counselling or a monetary payment to a maximum sum of $150,000.

An independent advisory council will also be set up. The purpose of this new body will be to bring together a broad group of specialists, legal and psychological experts and survivors to all provide advice on the implementation of this scheme.

According to Mr Porter, the Federal Government recognises that survivors of institutional child sexual abuse have been abandoned and betrayed by governments, churches, charities and other organisations. This is about institutions making amends and recognising the harm that has been caused to children in their care,' Minister Porter added.

Senator Brandis has made it clear that the Government has now spent 'many months consulting states, territories and institutions' about the best way forward for survivors.

Accordingly, the Federal Government will install the Commonwealth Redress Scheme, inviting other state and territory governments and institutions to opt-in to the Commonwealth scheme. While the Federal Government cannot enforce participation in the scheme, it will coordinate efforts for states, territories and other non-government institutions to form a national scheme.

Mr Porter told reporters in Perth that the scheme will run for ten years with an option to extend.

What does the redress scheme mean in practice?

With minimal detail available on the new scheme, it is unclear how it will operate in practice.  However its introduction is the culmination of political calls for such a scheme to be introduced.  Refer to our article Labor pledges $33 million towards a national redress scheme for survivors of child sexual abuse.

So far, the mechanics of the scheme reflect the Federal Government's previous statements about how it believed a redress scheme should operate. Last year the Government responded to the Royal Commission's consultation paper on redress and litigation (the Paper). In our earlier article we discussed the Government's responses to the Paper, including its view that the institutions in which child sexual abuse occurred should bear the responsibility for providing redress to survivors of that abuse.

It will be interesting to see how the states, territories and institutions respond to the Federal Government's invitation to opt-in to the redress scheme. In particular, it will be interesting to know more information on how non-government schools can opt-in.

The Royal Commission’s final report, including its formal recommendations on options for redress and litigation, is due in 2017.