List of recommendations

1.30The Committee recommends that the Australian Government seek agreement from state and territory governments to extend the National Redress Scheme beyond 2028, including agreement on extending existing state power referrals to the Commonwealth.

1.31The Committee recommends that if extending the National Redress Scheme in all respects is not agreed, the Australian Government and state and territory governments should consider:

Asking potential redress applicants to register by a set date to allow registered survivors to apply for redress after 30 June 2027.

Extending aspects of the Scheme, such as access to psychological care (counselling) and/or direct personal responses.

1.32The Committee recommends that the Australian Government should provide additional funding to the Department of Social Services, knowmore Legal Services and Redress Support Services to ensure all redress applications can be finalised on time.

1.33The Committee recommends that the Australian Government should begin a public awareness campaign to ensure:

Survivors and potential redress applicants know that they have limited time to make an application.

Survivors with an application on hold are told that the Scheme is closing.

1.51The Committee recommends that the Department of Social Services should:

Make reasonable adjustments and allow exceptions to the Scheme’s application procedures.

Do this subject to individual circumstances and the risks in each case, such as where a survivor has severe disability or a communication barrier.

1.52This should include:

Steps for completing the redress application, including:

oHow questions must be answered.

oReceiving information in alternative formats, including in languages other than spoken English.

Procedures whereby a redress applicant’s documents, identity or signatures can be witnessed or recorded by electronic or virtual means.

1.53The Committee recommends that the Department of Social Services:

Develop ways for applicants (or their nominee) to track the progress of redress applications.

Continue to develop plainer language and presentation in written communication.

Continue to adjust communication style according to the survivor’s needs, including correspondence from the Scheme to applicants.

Take greater care to respect nominee arrangements.

Continue to develop resources in languages other than English and in a variety of accessible formats.

1.54The Committee recommends that the Department of Social Services have a greater role in connecting survivors with institutions:

Where a survivor has indicated that they would like a direct personal response.

When the survivor indicates that they would like the Department to assist with these arrangements.

1.55The Committee recommends that the Australian Government publish six monthly data updates regarding trends in the Scheme, including:

The rate at which new redress applications are being received each month.

The rate of determinations being made each month.

Trends categorised into survivor groups, such as First Nations, disability and care leavers.

The proportion of survivors who receive a direct and personal response.

Review requests and how often the Scheme revises the original determination.

1.56The Committee recommends that all decisions regarding redress eligibility be determined by panels of independent decision makers. Each panel should have a minimum of three members.

1.57If this recommendation cannot be fully implemented or agreed upon, then the Committee recommends that all ineligible determinations should be automatically escalated to a panel review. Each panel should have a minimum of three members.

1.59The Committee recommends that the Minister for Social Services and the Department of Social Services continue to hold regular survivor roundtables, including in regional locations.

1.64The Committee recommends that the Department of Social Services urgently undertake a public information campaign to increase awareness of the Scheme and redress support services. This should include:

Media advertising.

Additional resources for redress support services to share among community organisations.

Additional information and resources to be made available at Centrelink offices.

Information and resources in accessible formats and languages other than English.

Information about:

oWho can help with redress applications.

oLegal advice.

oFinancial advice and financial counselling.

The closing date for redress applications.

1.74The Committee recommends that the Australian Government should publicly disclose and report on:

How many redress applications have named:

oAn institution that has refused to join the Scheme.

oAn institution intending to join the Scheme for longer than 12 months.

oThe names of those institutions.

1.76The Committee recommends that the Australian Government consider, before the Scheme closes, what penalties will continue to be directed towards responsible institutions that did not participate in the Scheme.

1.92The Committee recommends that the Department of Social Services update the ‘application for review of determination’ form to:

Make the language plainer.

Reduce the legal and technical jargon.

1.93The Committee recommends that legislation be amended to expressly provide that review of a redress determination cannot result in:

A redress offer being reduced.

Eligibility for redress being reversed.

1.101The Committee recommends that a consistent approach to virginity testing in Australia should be articulated. The practice should be the subject of a separate inquiry.

1.114The Committee recommends that the National Redress Scheme pay a fixed sum to delegated legal practitioners where a survivor elects to receive legal advice:

Before proceeding with a redress application.

Before accepting a redress offer.

1.115The Committee recommends that before redress offers are accepted, the Department of Social Services encourages in writing for survivors to seek:

Legal advice.

Financial advice or financial counselling and that the Department of Social Services publish this advice on the Scheme’s website.

1.116The Committee recommends that the Department of Social Services take additional measures to protect redress payments from inadvertent loss, including by:

Verifying who has access to (or control over) the bank account into which money is going to be paid.

Notifying redress applicants of which bank account into which funds are due to be deposited before the transaction occurs.

Pausing the payment process to allow time for verification.

1.117The Committee recommends that the Commonwealth encourages state and territory governments to urgently change laws to address claim farming and exploitative practices, including by:

Making it unlawful for lawyers to charge contingency fees for services delivered with respect to National Redress Scheme applications.

Imposing a legal obligation on lawyers to advise a potential client of the availability of free services (knowmore Legal Service and the Redress Support Services), and to certify such advice has been provided, before executing a costs agreement for a National Redress Scheme application.

Capping fees that lawyers can charge for services delivered with respect to National Redress Scheme applications.

Making it an offence for any person to:

ocontact a person without their consent and solicit or induce them to make a National Redress Scheme application; or

ogive or receive any money or other benefit in exchange for a referral to make a National Redress Scheme application.

Establishing a set of expected practice standards for lawyers and survivor advocates providing services with respect to National Redress Scheme applications.

1.118The Committee recommends that the Commonwealth encourages state and territory governments to codify in legislation the basis on which the courts may grant permanent stays.

1.119This should be consistent with the High Court’s ruling in the GLJ case.

1.125The Committee recommends that the Australian Government:

Fund additional redress support services to provide dedicated support to:

oSurvivors from culturally and linguistically diverse backgrounds, including for travel and translation.

oSurvivors with disability.

oSurvivors living in regional areas.

oFirst Nations survivors and culturally safe settings.

1.126The Department of Social Services should coordinate outreach efforts among redress support services.

1.127The Committee recommends that the Australian Government extend funding terms for redress support services until 2 years following the extended expiration date of the Scheme.

1.132The Committee recommends that:

The Department of Social Services review the basis on which survivor names and addresses are shared with law enforcement agencies.

The Australian Criminal Intelligence Commission should cease sharing information about survivors if this is predictably done for purposes such as pursuing outstanding fines or debts.

Protected information provisions should be amended to prevent survivor information from being used in this way.

1.133The Committee recommends that the Department of Social Services develop a framework for enforcement of protected information provisions.

1.134The framework must be published on the Scheme’s website together with advice on how to report suspected breaches.

1.137The Committee recommends that the Eighth Year Review of the National Redress Scheme consider:

Possible alternative options if redress cannot be offered to a survivor because a responsible institution does not fulfil its intention to join the Scheme by 30 June 2027.

The effectiveness of Queensland laws intended to address claim farming, including whether there is scope to refine or improve similar laws.

The Scheme’s capacity to finalise all applications before the Scheme closes.

1.138The Committee recommends, that subject to the National Redress Scheme being extended, the Eighth Year Review of the Scheme consider:

The preferred basis on which the Scheme should eventually close; for example, based on a fixed date or when application numbers drop below a fixed threshold.

The best option for an eventual closure if governments are likely to agree on only some aspects of the Scheme being extended.

1.139If an extension is not possible, the Eighth Year Review should consider what is needed to close the Scheme as planned, including how to ensure all existing and future redress applications are processed on time.

1.140The Committee recommends that the respective Senate and House of Representatives procedural committees should inquire into the accessibility of parliamentary committee processes, including:

Protocols for receiving, handling and publishing evidence received from witnesses who have experienced trauma.

The suitability of House and Senate standing orders and statutory requirements when committees take evidence from witnesses who have experienced trauma or are otherwise vulnerable.

The accessibility of committee information.

1.142The Committee recommends that the Australian Government work with state and territory governments on a national framework for redress and/or reparation schemes. This could include developing knowledge around best practices, scheme design and administration.