Predatory Podcast: how National Redress Scheme is not helping sex abuse victims

Law firms have been accused of using the National Child Sex Abuse Redress scheme as a way to make fast cash off victim-survivors, who are losing out.

Law firms have been accused of using The National Child Sex Abuse Redress scheme as the new “pink batts” cash cow.

One of the country’s most experienced lawyers for abuse victims said some practitioners were chasing quick cash from the government, rather than advising clients take civil or criminal action against the perpetrators.

In the five years since the scheme began, more than 10,000 applicants have been handed almost $1 billion in payouts.

But senior associate at Websters Lawyers Andrew Carpenter said the Redress scheme should be considered as a “last resort” for survivors, especially when their claims may be worth a lot more than the scheme’s $150,000 cap.

“Survivors of abuse should get the justice they deserve,” Mr Carpenter, who has worked with survivors for more than 11 years, said.

He said the Redress scheme was being exploited, much like Australia $2.7 billion pink batts home insulation scheme, which was found to have been rolled out in haste, bad design and lack of safety in 2009.

Andrew Carpenter - a lawyer from South Australia who has been campaigning for laws to be changed to close a superannuation loophole with paedophiles. Picture: Naomi Jellicoe

The Redress scheme was set up after the 2012 Royal Commission and began in 2018. It has already received more than 22,000 applications for compensation with 11,014 applications finalised. Of those 10,605 payments have been made totalling approximately $934 million dollars and 703 applications have been withdrawn.

While Mr Carpenter did express strongly his concerns that many victims were not aware that their claim might be worth more and likened those advising such victims as benefitting from the quick access to their own fees - which might be payable to them under this redress system - he does not intend to imply that lawyers were involved in this in a dishonest or improper way.

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A Department of Social Services spokeswoman said as of late last year there were 2111 applications on hold – 152 of those were due to a non-participating institution. Others were beyond the government’s control and include a pause requested by the survivor themselves.

The National Redress Scheme currently has 604 non-government institutions participating, covering more than 71,000 sites where children were abused.

Concerns have been raised about the number of applications and resourcing available.

Last year the Federal Government gave the scheme an injection of $15 million to keep the applications moving.

Minister for Social Services Amanda Rishworth at Parliament House in Canberra. Picture: NCA NewsWire / Martin Ollman

The Minister for Social Services Amanda Rishworth acknowledged the rise in applications.

“The former government was not committed to resourcing this scheme and did not give victim-survivors or this scheme the attention it deserved. The $15 million of targeted investment that our government is providing in the budget will directly address the significant increase in applications and make sure they are advanced as quickly as possible,” Ms Rishworth said.

“No-one should have to wait any longer than necessary to gain both emotional and practical support – and importantly – full resolution of a claim. Victim-survivors have already suffered enough.

“The government is committed to responding to concerns raised by victim-survivors, including responding to the second year review of the Scheme by early 2023, and delivering a Scheme that provides proper support and redress in a trauma-informed and timely way.“

Redress applicants have six months to accept an offer of redress.

Scheme applicants who are older, have complicated medical conditions or are suffering from the impact of trauma can access an advance payment of $10,000. To qualify they must be aged over 70 years or over 55 years for First Nations survivors and/or be terminally ill.

To apply for the Redress Scheme, go to their website.

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