Map what a redress acceptance leaves of a New South Wales civil claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the offer or acceptance the lawyer provides, list the institutions named and any prior payment the scheme's page treats as deductible. Do not apply the affected-agreement test, and do not advise whether to accept.
- What the lawyer must review
- Decide which civil claims survive under the Commonwealth section 43 release.
- Do not use Part 1C on a redress acceptance. That Part describes other agreements.
- Record a prior payment. Do not recompute the adjustment to today's value.
- Keep the file in the firm's system. ASCR r 9 and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales, for the civil claim that remains. The release itself is in the Commonwealth Act.
Produce. A release map, plus a list of prior payments the scheme's page treats as deductible, without a recalculation.
Have ready. The offer or acceptance; The institutions named; Any prior payment and what it was for.
Example of the limit. Illustrative example: The survivor received a victims of crime payment and a separate payment for counselling. The tool puts only the victims of crime payment on the deductible row, because that is how the scheme's page treats the two kinds of payment. The lawyer checks the documents.
Stop and hand it back when
- The tool is asked to apply s 7D to the acceptance.
- The tool is asked to recompute the adjustment to today's value.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the offer or acceptance the lawyer provides, list the institutions named and any prior payment the scheme's page treats as deductible. Do not apply the affected-agreement test, and do not advise whether to accept. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 43 releases every released institution or official from civil liability for abuse within the scope of the scheme. Section 43(c) does not release another institution or person, and does not prevent proceedings against another institution or person. Section 43(d) releases a contribution the released institution or official would have had to make, and reduces the damages by that amount. Section 42(2)(c)(iii) says an official who is an abuser of the person is not a released official.
- An affected agreement under s 7C prevents a s 6A action and meets one of the historical paragraphs in that section. A National Redress Scheme acceptance is not described there. Do not use s 7D to reopen it.
- The scheme's payments page says a prior payment related to the abuse, or to harm caused by it, is deducted and adjusted to today's value. A court awarded payment, a victims of crime payment, and a payment from another redress scheme are included. A payment for medical, dental, legal or other expenses is not deducted.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| National Redress Scheme and a civil claim: comparison checklist | Checklist | AI use Yellow | A comparison, for a survivor and the lawyer, of a National Redress Scheme offer and a civil claim: components, the six-month decision, the release, a decline, and a Victorian set-aside limit. |
| Letter asking what earlier National Redress offer or payment was made | Letter | AI use Yellow | A letter to the National Redress Scheme, with the client's authority, asking whether an earlier offer or payment was made, and what became of it, without accepting or releasing anything. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth) s 43 · 2026-10-23
- Civil Liability Act 2002 (NSW) s 7C · 2026-10-23
- National Redress Scheme, redress payments · 2026-10-23
A redress payment can be included in the assets test for a Commonwealth payment. The page also says it is exempt from income tests. Do not calculate either.
This version maps the release. It is not advice on whether to accept.
Records on this file stay in a firm-controlled tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).