National Redress Scheme vs Civil Abuse Claims
The National Redress Scheme exists because of the Royal Commission into Institutional Responses to Child Sexual Abuse. It offers eligible survivors a capped payment, counselling support and the option of an apology from responsible institutions.
For many people the question is not “Can I apply to the NRS” but “Should I use the NRS or bring a civil claim”. That is where Donaldson Law comes in.
We act primarily in civil abuse claims against institutions. We also advise on how the National Redress Scheme fits into the picture so that you do not give up a strong civil claim in exchange for a capped and standardised redress payment.
A Short Overview Of The National Redress Scheme
The National Redress Scheme is a Commonwealth scheme for people who experienced child sexual abuse in connection with an institution that has joined the Scheme.
If an application is accepted the NRS can provide:
- a monetary redress payment
- access to counselling or psychological care
- the option of a direct personal response such as an apology from the institution or institutions responsible
NRS payments are:
- assessed under a fixed assessment framework
- capped at a maximum of $150,000
- usually lower in practice than what a successful civil claim might achieve for the same abuse
If you accept an NRS offer you will normally sign a release that prevents you from ever bringing a civil claim against the same institution for the same abuse.
Key Limits of the National Redress Scheme
The Scheme is important and has helped many people yet it has real limits that you should understand before you choose it instead of a civil claim.
- Capped and standardised payments
- Maximum payment is $150,000
- Average payments are significantly lower
- The assessment framework is broad and cannot account for every detail of your situation
- No separate award for economic loss
Civil claims can compensate for lost earnings and loss of earning capacity in a detailed way. NRS payments are not built to do that. - One application for life
You generally only get one chance to apply to the Scheme. Internal review is limited and often confirms the original outcome. - Release of civil rights
If you accept an NRS payment you will usually release the institution from civil liability for the abuse covered by the offer. That means you cannot later bring a civil damages claim even if you later find out that others received much more through the courts. - Time limited scheme with delays
The Scheme is scheduled to close to new applications on 30 June 2027 and to end on 30 June 2028, although there are calls for an extension due to delays and a growing backlog.
None of these points mean that the NRS is “wrong” but they do mean that it should usually be treated as one option rather than the automatic first choice, especially where a civil claim is realistically available.
How Civil Claims Differ From National Redress
In many strong institutional abuse matters a civil claim can deliver a more tailored and substantial outcome than an NRS payment. Every case is different yet in broad terms:
Civil abuse claims can
- compensate for pain and suffering on an individualised basis
- include past and future economic loss and loss of earning capacity
- recognise the cost of past and future treatment and care
- allow for detailed evidence about how the abuse has affected your life
- in some jurisdictions proceed without strict limitation periods for child sexual abuse
National Redress Scheme claims
- use a standardised matrix rather than a personalised assessment
- do not separately calculate economic loss
- are capped at $150,000 regardless of the severity of impact
- require you to release your civil rights if you accept an offer
For some survivors the NRS is still the right option, for example where:
- the responsible institution will only participate through the Scheme
- evidentiary issues make a civil claim very difficult
- health or other factors make a shorter and more structured process preferable
The crucial point is that you should know your civil rights before you choose.
How Donaldson Law Uses The NRS In Your Strategy
Donaldson Law is first and foremost a civil institutional abuse firm. We do not run a high volume NRS application practice. Instead we:
- look carefully at whether you have a viable civil claim and what a realistic range of civil outcomes might be
- explain how the National Redress Scheme would treat your experience including likely payment bands
- compare civil options and NRS in the context of your health, your support network and your goals
- help you avoid giving up a strong civil claim in exchange for a lower capped NRS payment unless there are clear reasons to do so
Where we are already acting in a civil claim we may:
- advise you not to apply for NRS at all
- suggest you explore civil options first, with NRS kept in reserve as a fallback
- in limited situations assist with or coordinate an NRS application as part of a broader strategy
In more straightforward NRS matters with no civil claim in view we will often recommend that you use a free Redress Support Service or knowmore so that you are not paying private legal fees just to complete an application.
Should You Apply To The NRS Or Bring A Civil Claim
There is no single answer that fits every survivor. Good advice will look at:
- the institution or institutions involved and whether they are participating in the NRS
- the kind of abuse you experienced and how it has affected your life
- any previous payments or settlements
- your current health and support needs
- your capacity and preference for a more detailed process versus a more standardised scheme
For many survivors with strong evidence a civil claim can lead to a significantly higher outcome than the NRS cap and can better reflect long term financial and medical impacts.
For others the NRS may still be the most practical pathway. Our job is not to push one answer. Our job is to make sure you clearly understand what each option means before you give up any rights.
Discuss Your Options
National Redress Scheme & Civil Claims – Talk To Us First!
If you have heard about the National Redress Scheme and you are wondering whether to apply we strongly encourage you to get advice about your civil claim options first.
You can contact Donaldson Law by phone, email or through our online form. We will:
Once you understand the full picture you can decide whether to pursue a civil claim, use the NRS as a last resort or combine different options in a way that works for you.
Abuse Law FAQs
If you feel ready to talk about what has happened and about your options, contact our team today.
