List of Recommendations

Recommendation 1

2.10
The Committee recommends the National Redress Scheme make a more concerted effort to engage with survivors and survivor groups. Specifically:
ensure the National Redress Scheme Survivor Roundtable is convened at a minimum of three times a year; and
ensure the second anniversary legislated review formally engages with survivors and survivor groups at the beginning of the review process, throughout the review and at its conclusion.

Recommendation 2

3.50
The Committee recommends that when establishing the second anniversary review mechanism the Minister for Social Services, ensure that:
the reviewer should be a reputable person familiar with the operation of other redress schemes in the Australian and/or international context;
the review includes survivors or their representatives as members of the review panel;
the review should regularly consult with survivors and survivor advocacy groups throughout the review;
the reviewer should provide ongoing advice and recommendations to the Minister to ensure recalibration of the National Redress Scheme during the review;
the review should actively consider design elements which exist in other domestic or international redress schemes that would be of benefit to survivors, even if they are not entirely consistent with recommendations of the Royal Commission into Institutional Child Sexual Abuse; and
the reviewer should provide their final report to the Minister by
30 January 2021.

Recommendation 3

4.31
The Committee recommends that the second anniversary review examine the following areas for reform as a high priority:
Publishing the Assessment Framework Policy Guidelines to assist survivors prepare their application;
Providing each applicant with an individualised application flowchart, which maps out the next steps and approximate timeframes, to keep survivors and their nominees better informed about the progress of their application;
Establishing a more formal practice of regular updates to applicants;
Creating a direct complaint avenue for survivors, their nominees, support groups, and their advocates;
Streamline applicant and decision making processes to ensure faster processing times;
Implement measures to provide greater consistency for survivors engaging the National Redress Scheme; and
Reviewing guidelines and processes to guarantee the consistent and appropriate use of nominees.

Recommendation 4

4.32
The Committee recommends the removal of the requirement for a Statutory Declaration to accompany each application for redress, as is currently required under section 19, 2 (d) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.

Recommendation 5

4.41
The Committee recommends that:
The practice of indexation of prior payments be removed; and
Until the removal of indexation is implemented, the practice of indexing prior payments is amended so that indexation is applied up until the date of application submission, rather than the date of payment offer.

Recommendation 6

4.55
The Committee recommends that the second anniversary review examine the following areas for reform as a high priority:
The provision of additional information in the final determination and offer provided to a survivor;
Appropriateness of the requirement for survivors to sign a deed of release when accepting redress payments, restricting any future compensation claim through civil courts;
Appropriateness of indexing prior payments; and
Appropriateness of the current cap and matrix for calculating redress payments.

Recommendation 7

4.70
The Committee recommends that the second anniversary review examine the following areas for reform as a high priority:
Increasing access to counselling and psychological care services, including specialist financial counselling, for survivors who intend to apply for the scheme, and throughout the application process;
Expanding the provision of out-of-hours support and counselling services;
Expanding the provision of culturally sensitive services with a particular emphasis on the needs of First Nation’s people; and
Removing any caps or limits on counselling and psychological care services for survivors.

Recommendation 8

4.76
The Committee recommends that the second anniversary review examine options to facilitate and better support survivors to seek a direct personal response as a high priority.

Recommendation 9

5.42
The Committee recommends that the second anniversary review of the National Redress Scheme should examine the reasons for the relatively low rate of applications for redress, including:
The role of law reform in states and territories in opening alternate avenues to justice for survivors via the civil courts;
The extent to which survivors are discouraged from accessing the National Redress Scheme as a result of the application process; and
Whether the application process causes undue harm to survivors through re-traumatisation.

Recommendation 10

5.83
The Committee recommends that:
In advance of 30 June 2020, the National Redress Scheme obtain a written statement from each institution which has not yet joined the National Redress Scheme, but has been named in applications, detailing their intention and timeline for joining the National Redress Scheme.
Where an institution discloses it is unable to join the National Redress Scheme by 30 June 2020, the written statement should provide:
detailed reasons for the delay;
include a list of all officers; and
details of the date the institution expects or intends to join the Scheme.
Where an institution discloses that it has no intention to join the National Redress Scheme by 30 June 2020, the written statement should provide:
detailed reasons for their decision;
include a list of all officers;
details of all financial benefits accrued by means of charitable status and/or any other sources of public funding or concessions they receive.
A full list of institutions unable to join the scheme by 30 June 2020 and those who have declined to join the National Redress Scheme should be published on the National Redress Scheme website one week prior to 30 June 2020, and include the written statement provided by the institution to the National Redress Scheme.

Recommendation 11

5.84
The Committee recommends that the Minister for Social Services convene the Ministers’ Redress Scheme Governance Board by 30 June 2020 to review decisions given by institutions declining to join the National Redress Scheme and to determine and advise what initiatives will be undertaken by the relevant Commonwealth, state, and territory governments to remove their charitable status and/or other concessions or sources of public funding.

Recommendation 12

6.12
The Committee recommends the Redress Scheme Governance Board expand the circumstances in which the funder of last resort provision applies so that the relevant participating jurisdiction/s act as the funder of last resort where:
the institution responsible for the abuse is now a defunct institution; and
the defunct institution would not have fallen under the operations of an existing institution.

Recommendation 13

7.21
The Committee recommends the National Redress Scheme closely monitor its operations during the COVID-19 pandemic to ensure that the National Redress Scheme is as responsive as possible to the increased levels of anxiety, and the more limited access to counselling and psychological care services that is available to survivors.

Recommendation 14

8.10
The Committee recommends that the second anniversary review investigate the appropriateness of the use of advance payments for survivors who are especially vulnerable as a high priority.

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About this inquiry

The Joint Select Committee on Implementation of the National Redress Scheme was appointed by resolution of the House of Representatives on 10 September 2019 and resolution of the Senate on 11 September 2019.



Past Public Hearings

11 Oct 2021: Canberra
18 Aug 2021: Canberra
16 Aug 2021: Canberra