Knowmore/NRS or Civil Claim
In 2013, the Commonwealth Government established Knowmore as a legal service to provide free legal advice, assistance and information to survivors of historical institutional child sexual abuse. Knowmore, in particular provides advice about the National Redress Scheme (NRS) and will often help people with their application and represent them through the process.
It is important to note, however, that while Knowmore is staffed by lawyers and other personnel such as counsellors and social workers, the organisation will often not provide a claimant with an in depth review or representation of their matter. This could be detrimental to your situation, especially if the abuse has been quite severe and traumatic and if you have been directed to seek compensation only through the NRS. In the end, this could leave the applicant with a loss opportunity to obtain not only greater compensation but also a loss opportunity to obtain greater justice from the offending institution(s). This is because the NRS is only capped at $150,000, meaning that this is the maximum amount a person can be compensated for even if the abuse has been severe and long-term, or if it falls into what the NRS labels as “extreme circumstances”. It is important to note also, that if a person does go through the NRS and accepts the compensation offered to them, they are barred from seeking further compensation/civil claims in the future. While the NRS also provides counselling and support services, and on occasions a direct personal response from the responsible institution(s), compensation and access to these services are only available if the institution in question has joined the NRS scheme.
A civil claim can often be a better alternative in seeking compensation, especially if the abuse has severely impacted a person’s adult and working life. There are many advantages in pursuing a civil claim as an alternative to going through the NRS:
Courts and the relevant legislation covering civil claims allow bigger compensation payments and in some jurisdictions such as Western Australia there are no caps for some head of damages;
Recent changes in legislation in numerous states around Australia has led to the removal of time limits for making a civil claim. A civil claim can also be made against the perpetrator if they are still alive;
Claims are predominantly settled out of court, placing less stress and pressure on the claimant;
The amount of time that it takes to settle a civil claim out of court is usually between 12 to 24 months. On some occasions civil claims can settle earlier than an NRS application; and
Civil claims are predominantly pursued on a “No-Win - No-Fee” policy, meaning that if a claimant is unsuccessful in a civil matter, they will not be liable for any legal costs. This will be specifically indicated in the cost agreement that is signed between a claimant and his legal representative.