Checklist · Personal Injury & Compensation

National Redress Scheme and a civil claim: comparison checklist

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.

Kind: Checklist. Steps or checks to work through and tick off.
Where it applies: Australia, Victoria, New South Wales, Queensland
AI use: Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at: 23 October 2026
Status: Maintained. Checked on 23 October 2026 against the 6 authorities it cites, for 4 jurisdictions.
Version: 1
Source: Written for this library

When to use it

Use when a survivor has a National Redress Scheme application or offer and also asks about a civil claim. The survivor receives the completed list. It does not advise acceptance or decline, and it does not replace the offer-advice letter or the acceptance checklist.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may complete the dates and the institution names from the offer the lawyer provides, and the lawyer decides what civil claims remain and whether to accept.

AI may

Copy the offer date, the three components and the institution names from the offer letter
Record whether an advance payment or a prior payment is mentioned in documents the lawyer holds
Mark the Victorian set-aside exclusion where the claim would be brought in Victoria

AI must not

Must not recommend that the survivor accept or decline
Must not write an acceptance document, a declining form, a review form, a reassessment agreement or a payment-choice form
Must not write the survivor's account of the abuse
Must not state a redress payment cap, a matrix band, or a date on which the Scheme closes
Must not say that declining the offer leaves a civil claim open
Must not apply a state set-aside section to a National Redress acceptance, other than to record the Victorian exclusion

The lawyer checks

The offer letter is read. The page says the letter states the decision date and the effect of acceptance
Guide 4.8 is a departmental guide, last reviewed 20 March 2025. Sections 43 and 44 were not opened as their own pages. The lawyer reads them before advising on the release
Each institution is marked as responsible, associated, or outside the words of Guide 4.8. The abuser is not released
A Victorian action is not brought under section 27QA on a National Redress deed or accepted offer. New South Wales sections 7C and 7D, and Queensland section 48, were opened for civil settlements. They are not applied here to a redress acceptance
knowmore is offered before any acceptance is signed: 1800 605 762. The decision is the survivor's
The file stays in a firm-approved system. Australian Solicitors' Conduct Rules rule 9, Australian Privacy Principle 11, and a notifiable-breach check apply

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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