About the Redress Scheme
The Redress Scheme completes the Queensland Government's response to the recommendations of the Forde Inquiry into the Abuse of Children in Queensland institutions.
Under the scheme, eligible applicants receive an ex gratia payment, ranging from $7,000 up to $40,000, to acknowledge the impact of the past and help them move forward with their lives.
The government acknowledges that while neglect and abuse was found to have occurred in some institutions covered by the inquiry, this was not necessarily the case with all institutions. The government also acknowledges that people had very different experiences in institutions and not all were negative.
Applications closed on 30 September 2008. Former residents who did not wish to participate in the Redress Scheme are free to choose instead to pursue their legal rights.
- Level 1 payments
- Second level payments
- How does a payment affect taxable income or other government benefits?
Level 1 payments
Applications for level 1 payments of $7,000 opened on 1 October 2007 and closed on 30 September 2008. Priority is given to applications from people aged 70 years or over or who have a life-threatening illness. Applications not in this priority group are being processed as quickly as possible.
Due to the large volume of applications submitted, it may take some time to establish whether an applicant is eligible for a payment. When eligibility has been confirmed, applicants will receive a letter of offer outlining the steps to be followed before a payment can be made.
Applicants are required to sign a deed of release, under advisement from a legal practitioner, before a payment can be made.
A copy of the deed of release and information about how to access legal advice is provided within the letter of offer. This includes a list provided by the Queensland Law Society of legal representatives who will accept the set fee. Applicants may choose a legal representative from this list. To search for a legal representative who specialises in Queensland personal injury law applicants can visit the Queensland Law Society website at www.qls.com.au.
Financial assistance of up to $550 (including GST) will be provided, once only, for legal advice on the deed of release. This fee will be paid directly to the legal representative upon receipt of an invoice and signed deed of release. This payment will not be deducted from an applicant’s ex gratia payment.
Second level payments
Applicants eligible for a level 1 payment may also pursue a level 2 payment of up to $33,000, if they believe they have suffered more serious abuse or neglect. (This payment is in addition to the level 1 payment of $7,000.)
The Level 2 Factsheet contains information about the level 2 assessment process. Practical assistance in preparing information to support Level 2 claims is available through Lotus Place.
Level 2 applications will be assessed on a case-by-case basis by a panel of experts. Payment amounts will be allocated on the basis of harm suffered by the applicants and will vary, depending on the panel's assessment.
Not all applicants who are eligible for a level 1 payment will be eligible to receive a level 2 payment. Level 2 payments will be made from within the funds remaining after the finalisation of level 1 applications. The maximum total payment available to any eligible individual is $40,000 (inclusive of level 1 and 2 payments).
Access to independent financial advice (to a set fee) will be available on request to applicants who receive a payment offer.
How does a payment affect taxable income or other government benefits?
Both the level 1 and level 2 ex gratia lump sum payments:
- are not taxable;
- are not considered as income for the purposes of rent assessment by the Department of Housing, Queensland;
- do not affect any Centrelink pension;
- do not affect Family Tax benefit payments as the Australian Tax Office (ATO) has ruled that Redress Scheme payments
- are not considered to be income and do not need to be included in a tax return; and are not counted as income for income support payments made by Centrelink.
Please note, however, if the payment is invested and earns interest, the interest will be classified as income. It is an applicant’s responsibility to advise Centrelink and the Australian Taxation Office of changes to their financial circumstances.
Last updated: 01 October 2008.