Redress System for Abuse in Care Bill passes third reading

Legislation to protect the integrity of the State redress system passed its third reading today, Lead Coordination Minister for the Government's Response to the Royal Commission's Report into Historical Abuse in State Care and in the Care of Faith-based Institutions, Erica Stanford says.

“The Redress System for Abuse in Care Bill is one of several initiatives underway to improve the redress system in response to the Abuse in Care Royal Commission of Inquiry,” says Ms Stanford.

The Bill provides that the purpose of a state redress scheme is to:

recognise a person’s experience of abuse in care, and
offer a pathway as an alternative to litigation to provide for redress for abuse in care.

“The Bill also resolves a long-standing gap in redress where survivors of abuse in mental health facilities after 1993 faced dead-ends and a lack of recognition. The Bill gives effect to Charlotte’s Change to extend the State redress scheme to include claims of abuse in State mental health facilities from 1 July 1993 to 30 June 2022.”

“Under the current redress system, survivors of abuse and neglect in State care can make a redress claim that includes access to care records, a financial payment, wellbeing support, legal services support, and an apology.

“The Government considers that a financial payment to survivors with convictions for serious violent or sexual offences, who were sentenced to five years or more, could bring the State redress system into disrepute or adversely affect public confidence in the redress system.

This Bill introduces a presumption against financial redress for survivors with convictions for certain serious sexual and/or violent offences who have received a sentence of five years or more for that offence.

“The presumption only applies to financial redress payments. Survivors with serious violent or sexual offences can still access other forms of redress.

“An independent decision-maker, called the ‘redress officer’, is established through the Bill to consider applications to overturn the presumption.

“The redress officer must be a retired Judge, King’s Counsel or senior lawyer and have a range of skills and experience relevant to the role. They will also be responsible for ensuring the process is fair and consistent with natural justice.

“The redress officer will have discretion to exempt a survivor from the serious offender process if they have a terminal illness with a prognosis of less than six months.

“This extension will be implemented on 14 July 2027, with some people already pre-registered.

“The Bill has also been future-proofed to include a redress scheme which covers abuse in mental health settings from 1 July 2022,” says Ms Stanford.

Notes to editors

A serious violent or sexual offence is defined as an offence listed in Schedule 1AB of the Sentencing Act 2002. These are the “three strikes” offences.
The offences are the most serious sexual and violent offences in the Crimes Act and include murder, manslaughter, sexual violation, sexual connection with a child, grievous bodily harm, and aggravated robbery.
The presumption applies to all new redress claims made to State redress agencies since 9 May 2025. An interim process is in place for survivors making new claims. This process will continue until the legislation comes into force. If survivors are terminally ill and will not survive until the legislation comes into force, they can apply for a Ministerial exemption from the serious offender process.
The commencement date for the serious offender process is 1 August 2026. The rest of the Bill will come into force the day after Royal assent. ...