www.redress.wa.gov.au

Q: Why a ‘redress scheme’?
A: The State Government of Western Australia is acknowledging the impact of harm suffered while in State care by introducing Redress WA. The scheme provides an easier access to redress ex gratia payments than is currently available via the Courts. In addition, redress is also available to those who are precluded from seeking compensation via the Courts. Redress WA offers a range of counselling and support services.

Q: Do any other States or Territories have a ‘redress scheme’?
A: Yes. Queensland and Tasmania have introduced a similar redress scheme in recent years.

Q: Will there be a memorial and memorial service for people who were abused in State care?
A: The Department for Child Protection is currently managing a project to develop a memorial. For further information please contact Marie Waldeck on 6217 6344

Eligibility

Q: Am I eligible?
A: You are eligible to apply if you are over 18 years of age and experienced abuse while in State care in Western Australia prior to 1 March 2006.

Q: I was in State care in Western Australia but suffered no abuse while in State care, am I still eligible?
A: The ex gratia payments are only open to people who were in State care in Western Australia and experienced abuse while in that care. However, Redress WA includes a number of services and activities relevant to all people who were in State care. For example, if you were in State care you will be given the opportunity to formally record your story on your official file. Redress WA will be funding consumer and advocacy organisations that you will be able to access, as well as other services. The public memorial to be created through Redress WA will acknowledge the experiences of all who have been in State care.

Q: Are family members of deceased persons who were formerly in State care eligible to apply for an ex gratia payment under Redress WA?
A: No. Family members of deceased persons who were formerly in State care are NOT eligible to apply for an ex gratia payment under Redress WA. The person on whose behalf the application is being made must be living at the time of the application and settlement.

Q: What can I do if I am under 18 years of age and have been abused in State care?
A: If you're still in care and believe you have been abused it is very important that you talk to your case manager as soon as you can, especially if you haven't spoken to anyone about the abuse before. If you've not previously told your case manager about what is happening, your case manager will ensure that you (and other children) are safe from harm. Your case manager will also talk to staff in the Duty of Care Unit about a referral for independent legal advice. If you are no longer in State care you can contact the Duty of Care Unit directly on 9222 2693.

Applications

Q: Will information be provided to help me complete an application?
A: Yes. The application form will come with an application guide which will have helpful tips on how to complete the application form. The application form and guide will be available from 1 May 2008 when applications open.

Q: Can I apply on behalf of another person?
A: Yes. You may make an application on behalf of another person if they have a legal disability (e.g. intellectual disability) and you are the guardian of that person, or if a person is unable to manage their own affairs and you have the legal authority to act on their behalf.

Q: Can I get help to complete my application?
A: Yes. Application assistance will be available. Further details on how to receive assistance will be provided on this website from 1 May 2008.

Q: When can I put in my application to Redress WA?
A: Applications open on 1 May 2008 and will be open for 12 months.

Q: What is the final date to have my application in?
A: To be considered for Redress WA you must have your application in by 5.00 pm 30 April 2009 (WST).

Q: What happens if I am diagnosed with a terminal illness after submitting my Application?
A: If you are diagnosed with a terminal illness before your Application is finalised, it is important to inform Redress WA staff and provide a current medical certificate confirming this.

The medical certificate must show details of:
a) your current condition(s)
b) date of diagnosis
c) current treatment
d) your prognosis

Assessment of your Application will be given priority if you have a terminal illness.

Q: Can I make an application after the Redress WA application closing date?
A: No. Applications received after the closing date will not be accepted.

Q: A friend has had similar experiences to me while in State care can I copy their application?
A: No. The application must contain your own personal experiences. It is an offence to knowingly provide false or misleading information.

Q: Do I need to obtain my departmental records to include in my application?
A: No. Redress WA will access departmental records on your behalf when processing your application. Records that you obtain yourself may not be complete. Freedom of Information Legislation provides the means to request information about yourself from departmental records. Requests for personal information, may be made at no cost, however there are restrictions on release of certain types of information within the records. Some of the information may relate to other persons whose right to privacy is adhered to, however with their approval access to this information may be allowed. Some sensitive information, for example psychiatric reports, may be subject to restriction of access. For most people who apply to Redress WA some of the information contained in reports, or about other people, may be important to support their claim. Staff from Redress WA will have special permission to access this information to enable them to assess your application. However, staff at Redress WA will not be able to give copies of information to you.

Q: If I have my departmental records, should I provide them with my application?
A: Yes. Please provide all records and supporting information when applying to Redress WA.

Q: What will happen if no departmental records can be found?
A: If no departmental records are found, Redress WA may contact you to seek further information. If you cannot be contacted (for example, you have changed your address, or do not wish to be contacted further) then your application will be assessed only on the information you have provided.

Q: Can I access my departmental file if I want to?
A: Yes. Freedom of Information Legislation allows you to obtain your personal information from your file . Please keep in mind that staff from Redress WA will endeavour to locate all of your records on your behalf, including departmental records, so you don't have to do this yourself. You can access the information yourself by making an application through Freedom of Information or by contacting the Family Information Records Bureau.

Further details on how to access Departmental files

Accessing Departmental Records

The Family Information Records Bureau in the Department for Child Protection has information about what happened to many people and their families in Western Australia in the past. The Department’s staff can look through the various files and records to see if there is information about your childhood, parents and details of your history.

T: 62176351
Country Freecall:1800 000 277

Q: Will Redress WA pay for my application costs?
A: No. The Redress WA will not pay for any costs associated with the preparation of an application but you may request assistance from Redress WA to complete the application at no charge.

Further details on how to receive assistance will be provided on this website from 1 May 2008.

Application Process

Q: How long will it take to process my application?
A: The length of time is dependent on how many applications are received, how easily departmental records can be located, and how many files need to be reviewed for each application.

Q: Can I make more than one application?
A: No. You can only make one application to Redress WA and it is very important to include in your application as much information as you can about all of your experiences while in State care.

Q: Will I be asked for additional information to support my application?
A: Redress WA may contact you if additional information is required or some of the information you have provided needs clarification.

Please note: If you cannot be contacted (for example, you have changed your address, or do not wish to be contacted further) then your application will be assessed only on the information you have provided.

Q: Will I need to attend a medical or psychological assessment?
A: You may be referred by Redress WA for independent medical and/or psychological assessments if it is believed that this information will assist you to receive an ex gratia payment under Option 2. Cost for these assessments will be met by Redress WA.

Please note: If an assessment is recommended by Redress WA and you choose not to have the assessment, your application will only be considered for Option 1.

Q: What happens if I change my contact details?
A: If any of your contact details change, such as your telephone number or address, after you have lodged your application, it is important that you advise Redress WA of your new contact details.

It is essential that Redress WA has the most up-to-date contact details just in case further information is required and/or you need to be contacted regarding a possible settlement.

You can update your details by calling Redress WA on telephone 1800 617 233, or emailing info@redress.wa.gov.au

Ex gratia payments

Q: Can I apply for an ex gratia payment under Redress WA if I have received an ex gratia payment from a church or other religious authority?
A: Yes. Any ex gratia payment you have received from a church or other religious authority is a private matter between you and them. You will not be asked to disclose this information.

Q: How is the ex gratia payment determined?
A: The ex gratia payment is based on the severity and impact of the abuse you suffered. The ex gratia payment will be determined by an assessor, based on the information you have provided and the information obtained from departmental records.

Q: What is the difference between an Option 1 and Option 2 ex gratia payment?
A: Option 1 ex gratia payments are up to $10 000 where you can show there was a reasonable likelihood abuse occured. Option 2 ex gratia payments are up to $80 000 with medical and/or psychological evidence required of the harm resulting from abuse experienced while in State care prior to 1 March 2006.

Q: Can I choose to have an Option 2 assessment?
A: No. The assessor determines which Option you may be eligible for based on medical and/or psychological evidence, your departmental records and/or any other information supplied by you in your application.

Q: What conditions are associated with accepting an ex gratia payment?
A: You will have to sign a document called a ‘Deed of Release and Settlement’ if you accept a Redress WA ex gratia payment. By signing this document you will waive your rights to bring further claims against the Minister and the State of Western Australia in relation to the abuse experienced while in State care.

It is important that you understand what signing this document means and it is strongly recommended that you seek legal advice.

Redress WA will cover some of the costs for legal advice, regarding the nature, terms and effect of signing the ‘Deed of Release and Settlement’.

Q: If I am successful, will any ex gratia payment I receive be taxed?
A: The Australian Taxation Office has issued a class ruling that lump sum payments made by the Western Australian Government under Redress WA will not be taxed (either as ordinary income or for capital gains).

For more information about the ruling and disclaimers, please click on this link:

Q: Will receiving an ex gratia payment effect my Centrelink pension?
A: Redress WA has received advice that ex-gratia payments made under the Scheme are exempt from the social security income test. This advice means that the benefit you receive from Centrelink will not be affected by an ex-gratia payment from Redress WA.

To read the exemption instruments, click on the following links:

Social Security Exempt Lump Sum (Redress WA) (FaHCSIA) Determination 2008
Social Security Exempt Lump Sum (Redress WA) (DEEWR) Determination 2008

Q: Will receiving an ex gratia payment effect my Family Tax benefit payment?
A: If you receive a Family Tax benefit payment, the effect of a Redress WA ex gratia payment is dependent on whether the ex gratia payment is considered taxable. Redress WA will contact the Australian Taxation Office (ATO) to ask whether ex gratia payments under Redress WA will be taxable.

The ATO response to this question will be made available on this website.

Legal Advice

Q: Do I have to get legal advice?
A: Prior to settlement it is strongly recommended that you get legal advice.

Q: Why is legal advice important?
A: Legal advice is important because you have to sign a document called a ‘Deed of Release and Settlement’ before an ex gratia payment can be awarded. It is important that you fully understand the nature, terms and effect of signing this document.

Q: Will Redress WA pay my legal costs?
A: Once an ex gratia payment offer has been made, Redress WA will assist you to obtain independent legal advice, prior to settlement - about the nature, terms and effect of signing the ‘Deed of Release and Settlement’.

Please note: Redress WA will not pay for any legal services related to the completion of your application.

Q: What is a ‘Deed of Release and Settlement’?
A: It is a binding legal agreement to pay you the ex gratia payment as determined under Redress WA. As part of that agreement you will release the Minister and the State of Western Australia from any current or further legal claims arising from the same experiences of alleged abuse .

This does not affect the criminal prosecution of any perpetrators of the alleged abuse.

Q: Can I use my own solicitor?
A: Yes. Redress WA will cover some of the costs for legal advice, regarding the nature, terms and effect of signing the ‘Deed of Release and Settlement’.

Financial Advice

Q: What financial advice is available?
A: Free financial advice will be available to anyone who receives an ex gratia payment. The type of advice you receive will depend on your individual circumstances and is a matter for you to discuss with the financial adviser.

More information about where you can obtain financial advice will be made available to you when you are offered an ex gratia payment.

Q: Do I have to get financial advice?
A: No. Financial advice is optional.

Counselling support

Q: Is there counselling support available?
A: A range of agencies provide general counselling support and are listed in Support services on this website.