Cardinal Pell

Understanding the Burden of Proof in the NRS

The burden of proof refers to how much evidence is required to establish that abuse occurred. In the context of the National Redress Scheme, the burden of proof is “reasonable likelihood”. This standard is considerably lower than the “balance of probabilities” used in civil cases or the “beyond reasonable doubt” standard in criminal trials.

• Reasonable likelihood means that based on the available evidence, it’s more likely than not that the abuse occurred.
• This threshold is designed to be survivor-focused, recognising that abuse often took place many years ago and that physical evidence or documentation may no longer exist.

What Kind of Evidence is Needed?

The NRS does not require survivors to provide extensive evidence. Many survivors may not have official records or documentation to support their claims, and the scheme acknowledges this reality. Evidence may include:

• Personal statements: A written account from the survivor describing the nature of the abuse, when and where it occurred, and any impacts on their life.
• Supporting documents: If available, records like school enrolment details, witness statements, or other documents from the time may be helpful but are not mandatory.
• Institutional records: The NRS has access to a vast range of institutional records, and if the survivor identifies the institution involved, the scheme will often be able to access relevant documents on the survivor’s behalf.

The focus is on credibility and consistency in the survivor’s statement rather than demanding conclusive proof. If there are any records or evidence that corroborate the survivor’s account, these will strengthen the claim, but they are not essential.

How the NRS Assesses Claims

Claims are assessed by independent decision-makers within the NRS. Their role is to evaluate the information provided and determine whether it meets the “reasonable likelihood” standard. The assessors:

• Review the survivor’s application.
• Consider any supporting documents.
• Access institutional records where necessary.
• Make a determination based on the overall credibility of the evidence.

Importantly, survivors do not need to appear in person or provide testimony, and there is no cross-examination like in a court setting. This helps reduce the stress and trauma associated with recounting the abuse.

https://koffels.com.au/the-burden-of-proof-in-the-national-redress-scheme-what-survivors-need-to-know/