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ARTICLE · 02 MAY 2018

Redress scheme moves closer to reality

Article discusses the Redress Scheme that provides avenue for redress for survivors of institutional sexual abuse.

AustraliaLitigation, Mediation & Arbitration
Charlie Morshead
Charlie Morshead

In brief - Negotiations with non-participating states may mean Scheme is subject to change

Following the announcements by Victoria, New South Wales and the ACT that they will formally "opt-in", the federal government's Redress Scheme has moved one step closer to reality. This means that churches, charities and other non-government institutions in these states and territory can now also sign up to the Redress Scheme.

The governments of Queensland, South Australia, Western Australia, Tasmania and the Northern Territory are yet to clarify their position and they may seek amendments before passing legislation at the state level.

In this article we take a look at what the Scheme entails, who will be eligible for redress, how institutional liability may be established, how the Scheme differs to claims brought under the common law, and the process of opting-in for governments and institutions.

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