The National Redress Scheme was created in response to the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse.

Since 1 July 2018, survivors of institutional child sexual abuse may apply to the National Redress Scheme for people who have experienced institutional child sexual abuse for a redress payment, access to psychological care and a direct personal response from the responsible institution.

A survivor may be eligible to participate in the Scheme if they:

Institutional child sexual abuse is child sexual abuse for which an Australian institution may be held responsible. This might be where the abuse occurred on the premises of the institution (such as at a school, Children's Home, church or sports club) or was caused by an official or staff member of the institution (such as a teacher, carer, priest or coach).

There are other rules that may affect a survivor's eligibility to access the Scheme. Previous restrictions on survivors who are currently in jail were removed in 2024. Visit the National Redress Scheme website, call 1800 737 377 or seek legal advice to find out more about eligibility and the application process.

What the National Redress Scheme offers

The National Redress Scheme provides eligible applicants with a redress payment of up to $150,000, access to counselling and other psychological and support services, and the opportunity for a direct personal response from the relevant institution on request. If a survivor has already received compensation in relation to the abuse, this amount may be deducted from the final redress payment (adjusted using a formula to account for the passage of time).

An eligible survivor may apply to the Scheme for redress at any time. Many institutions have already joined the Scheme. When an institution that has not joined the Scheme is named in an application for redress, the Redress Scheme will invite the institution to join. Joining is not mandatory and some institutions are not eligible to join due to financial or other constraints. Eligible institutions invited to join that refuse may face financial and other consequences. An application for redress cannot be assessed, and an offer cannot be made to a survivor, unless or until the responsible institution has joined the Scheme. For more information about participating institutions and to search for a particular institution, visit the National Redress Scheme website.

Specific provisions may apply where an institution no longer exists, or in cases where both a state government and non-government institution were responsible for the abuse. Further information on how the Scheme applies in these circumstances can be found on the South Australian Attorney-General's Department website. For an application to be processed, the relevant state and institution must have both joined the Scheme. South Australia joined the scheme on 1 February 2019.

The Scheme has been set up to run for 10 years and applications for redress can be made until 2027. An applicant can only make one application (although that one application may relate to multiple institutions). If an offer for redress is made, the applicant has a strict 6-month timeframe to accept or reject the offer.

Legal help

A specialist community legal service has been established to provide survivors with free legal advice and information on redress options. Knowmore (Legal Service) has offices in South Australia, Victoria, New South Wales, Western Australia, Northern Territory and Queensland and provides an outreach service to other areas. Call knowmore's free advice line on 1800 605 762 or visit the knowmore website.

For more information about the National Redress Scheme, including who can apply, how to apply, and information on support services available, call 1800 737 377 or visit the National Redress Scheme website.

Other help and support

Nunkuwarrin Yunti: Dedicated Aboriginal support workers provide confidential and culturally safe support and advocacy services to Aboriginal people who are thinking about applying for redress. Call 08 8406 1600 or visit the Nunkuwarrin Yunti website for more information.

Relationships Australia: through Elm Place, Relationships Australia (SA) provides information, advocacy, case management and counselling services to those affected by childhood sexual abuse in institutional care. Call 1800 998 187 or visit the Elm Place website for more information.

Victim Support Service: VSS can provide counselling, information, advocacy and assistance for those affected by childhood sexual abuse in institutional care. Call 1800 842 846 or visit the Victim Support Service website for more information.

Those who experienced abuse as a child but who are not eligible to receive support from the National Redress Scheme may consider pursuing a civil action instead. Depending on the circumstances, such an action could be founded in tort, in contract, under statute or otherwise, and compensation could be sought. Legal advice should be sought before commencing any civil action.

Under the Civil Liability Act 1936 (SA) an institution is an entity (whether public or private) that is responsible for a child and provides an activity, program or service of a kind that gives an opportunity for a person to have contact with a child, and does not include family [s 50A(1)].

Identifying the defendant

From 1 August 2022, the Civil Liability Act 1936 (SA) (Part 7A, Divisions 4, 5 and 6) allows for an abuse claim to be commenced against an unincorporated association through the nomination of an appropriate defendant, such as an associated trust, with sufficient assets to meet the potential liability. It also allows for an abuse claim to be commenced against a current office holder where a cause of action existed against a former office holder. The current office holder will not be held personally liable but may meet the liability with the assets of the institution or an associated trust. Finally, it allows for perpetual succession of unincorporated associations, thereby allowing for an abuse claim to be commenced against a successor institution following a change in structure such as a merger. From 1 August 2022, victims may be able to take action against unincorporated associations for historical abuse.

Setting aside settlements

From 1 August 2022, the Civil Liability Act 1936 (SA) allows for agreements to settle to be set aside by the court in limited circumstances. This may occur if the agreement occurred before the limitation period was removed on 1 February 2019, and the limitation period that previously applied had expired [s 50V(1)(a)]. See Time limits below. This may also occur if the agreement occurred before Part 7A commenced on 1 August 2022 and at the time of the agreement a claim could not be commenced against person or institution that would have been liable under Part 7A [s 50V(1)(b)]. See Identifying the defendant above.The Court will consider a range of matters in deciding whether to set aside an agreement [s 50W]. The court cannot set aside a deed of release signed in acceptance of an offer under the National Redress Scheme or an agreement relating to a relevant prior payment taken into account in the offer, nor a contract of insurance [s 50W(6)]. If set aside the agreement is void and any amount paid is not recoverable, but may be taken into account by the court in determining damages in a claim which is commenced and to which the agreement related.

Any person who wishes to set aside an agreement to settle in these circumstances should seek legal advice.

Duty of care held by institutions in negligence cases

From 1 August 2022, the Civil Liability Act 1936 (SA) sets out that institutions have "a duty to take all reasonable steps to prevent the abuse of a child by a person associated with the institution while the child is under the care, supervision, control or authority of the institution" [s 50E]. In addition, if a child is abused in these circumstances going forward, the institution is taken to have breached its duty unless the institution proves that it took all reasonable steps to prevent the abuse [s 50F]. Section 50F (3) sets out a number of matters that are relevant to deciding whether the institution took all reasonable steps to prevent the abuse. These provisions apply to any abuse that occurs after these provisions commenced.

Liability of institutions as employers

From 1 August 2022, the Civil Liability Act 1936 (SA) also sets out how institutions will be held vicariously liable for the abuse of a child by an employee (which may include a person who is akin to an employee) [s 50A(2)]. This may be the case where [s 50G (1)]:

In determining whether the employee was placed in such a role, the court will take into account whether the employee had one or more of the following [s 50G(2)]:

This is based on the common law set out in the case of Prince Alfred College Incorporated and ADC [2016] HCA 37, which still applies [s 50G(3)].

Time limits

There is no time limitation for a person to commence a civil child abuse action in South Australia [see Limitation of Actions Act 1936 (SA) s 3A(1)]. This is regardless of whether the claim for damages is founded in tort, in contract, under statute or otherwise [s 3A(2)]. It extends to a claim for damages arising pursuant to section 23 of the Civil Liability Act 1936 (SA) relating to wrongful death, or a claim that has survived the death of the person for the benefit of their estate [s 3A(3)].

A child abuse action can relate to any of the following:

See Limitations of Actions Act 1936 (SA) s 3A(5).

Legal help for civil claims concerning child sexual abuse

Since February 2022, the specialist community legal service, Knowmore (Legal Service), can also provide legal advice about redress and compensation options to survivors of child sexual abuse who are not eligible for the National Redress Scheme. Knowmore has offices in South Australia, Victoria, New South Wales and Queensland and provides an outreach service to other States. Knowmore can be contacted on 1800 605 762, or more information on the service can be located on the Knowmore (Legal Service) website

In relation to other (non-sexual) child abuse civil claims, preliminary legal advice is available from the Legal Services Commission's Free Legal Help Line on 1300 366 424. Further advice and representation may be available from Community Legal Services or from private lawyers. The Law Society of South Australia can provide referrals to suitable private lawyers, who may offer deferred fees in some circumstances.