Appendix 3 Payment and Assessment Matrices
3.1. RIRB’s Matrix for Assessing Severity
| Available Points | Abuse in Care | Consequential Damage | ||
| Medically verified physical/psychiatric illness | Psycho-social damage* | Loss of Opportunity | ||
| 1–25 | 1–30 | 1–30 | 1–15 | |
* Examples of injurious psycho-social damage included problems with family attachment, cognitive impairment, and substance abuse.
3.2. The RIRB’s Payment Matrix and Outcomes
| Redress Bands | Points | Award Payable | Number of Payments | Percent of Total |
|---|---|---|---|---|
| V | >70 | €200–300 000 | 48 | 0.30% |
| IV | 55 to 69 | €150–200 000 | 280 | 1.8% |
| III | 40 to 54 | €100–150 000 | 2073 | 13.31% |
| II | 25 to 39 | €50–100 000 | 7523 | 48.28% |
| I | < 25 | Up to €50 000 | 5655 | 36.30% |
| Total | 15,579 |
3.3. Magdalene Redress Payment Matrix
Years spent in residence Residence Labour Total (up to 3 months) € 10,000 € 1,500 € 11,500 1 € 14,500 € 6,000 € 20,500 2 € 20,500 € 12,000 € 32,500 3 € 26,500 € 18,000 € 44,500 4 € 32,500 € 24,000 € 56,500 5 € 38,500 € 30,000 € 68,500 6 € 40,000 € 36,000 € 76,000 7 € 40,000 € 42,000 € 82,000 8 € 40,000 € 48,000 € 88,000 9 € 40,000 € 54,000 € 94,000 10 € 40,000 € 60,000 € 100,000 10+ years € 40,000 € 60,000 € 100,000
3.4. Queensland Redress Assessment Matrix
Type of harm Weighting % Range Physical injury (including harm from Sexual Abuse and/or Neglect) – During Placement 0–20 Low 0–6% Medium 7–15% High 16–20% Physical injury (including harm from Sexual Abuse and/or Neglect) – Post Placement 0–5 Low 0–1% Medium 2–3% High 4–5% Physical illness – During Placement 0–5 Low 0–1% Medium 2–3% High 4–5% Physical illness – Post Placement 0–5 Low 0–1% Medium 2–3% High 4–5% Psychological injury/ Psychiatric illness (including harm from Sexual Abuse, Systems Abuse and/or Neglect) – During Placement 0–34 Low 0–10% Medium 11–28% High 29–34% Psychological injury/ Psychiatric illness (including harm from Sexual Abuse, Systems Abuse and/or Neglect) – Post Placement 0–16 Low 0–4% Medium 5–12% High 13–16% Loss of opportunity 0–15 Low 0–4% Medium 5–12% High 13–15% Total 0–100%
3.5. Queensland Redress Payment Matrix
Level Severity Points $AUD Value* 1 N/A 0–14 $7000 2 No payment 0–14 $0 Very Serious 15–24 $6000 Severe 25–39 $14,000 Extreme 40–59 $22,000 Very Extreme 60–100 $33,000
3.6. Redress WA Assessment Matrix
A PDF version of this table is available for download on Cambridge Core and via http://admin2.cambridge.org/files/4816/6548/5261/Appendix_Table_3.6.pdf
3.7. Redress WA Severity Standards
– Excessive harsh discipline and emotional or physical abuse of an ongoing or sustained nature inconsistent with care standards of time with identified severe psycho-social or medical impacts – Loss of family contact/identity – Multiple placements resulting in isolation and depersonalisation over a sustained period of time – Denial of rights including educational opportunities over a sustained period with long term social impacts leading to loss of opportunity – Sexual abuse of a sustained or severe nature (ongoing incidents) resulting in severe psychological trauma and/or social impacts – Possible need for counselling or other assistance on a long term basis – In care for 10++ years – Excessive harsh discipline and emotional or physical abuse of an ongoing or sustained nature inconsistent with care standards of time – Loss of family contact-identity – Multiple placements resulting in isolation and depersonalisation over a sustained period of time – Denial of rights including educational opportunities over a sustained period – Sexual abuse of a sustained or severe nature (single or ongoing incidents by a caregiver or someone authorised to supervise the child) resulting in severe psychological trauma and/or social impacts. – Counselling or other assistance likely to be required on an ongoing basis – In care 10+ years – Excessive harsh discipline and emotional or physical abuse of an ongoing or sustained nature inconsistent with care standards of time – Loss of family contact – Multiple placements resulting in isolation and depersonalisation over a sustained period of time – Denial of rights including educational opportunities over a sustained period – Sexual abuse of a sustained or severe nature or over a long period of time by a caregiver or someone authorised to supervise the child resulting in long term psychological harm – In care 8–10 years – Excessive harsh discipline and emotional or physical abuse of an ongoing or sustained nature inconsistent with care standards of time – Loss of family contact – Multiple placements resulting in isolation and depersonalisation over a sustained period of time – Denial of rights including educational opportunities over a sustained period – Sexual abuse advances which destroyed trust and innocence over a sustained period by a caregiver or someone authorised to supervise the child – In care 6–8 years – Excessive harsh discipline and emotional or physical abuse of an ongoing or sustained nature inconsistent with care standards of time – Loss of family contact resulting in ongoing psychological or social harm – Denial of rights including educational opportunities – Sexual advances of a mild or limited nature by a caregiver or someone authorised to supervise – In care 5–6 years – Excessive harsh discipline and physical abuse of an ongoing or sustained nature inconsistent with care standards of time – Denial of rights including, for example, loss of educational opportunities – Loss of family contact or identity for a sustained period of time – Moderate long term psychological, social or medical impacts – Sexual advances or abuse of a severe or ongoing nature by someone other than caregiver or person in authority – In care 4–5 years – Excessive and harsh discipline of a severe and ongoing nature inconsistent with care standard of [sic] – Denial of rights including, for example, loss of educational opportunities – Loss of family contact – Mild psychological or social impacts of an ongoing nature – Sexual advances or abuse of a limited or mild nature by someone other than caregiver or person in authority – In care 3–4 years – Excessive discipline/moderate physical abuse of an ongoing nature (multiple incidents/ongoing) inconsistent with care standards of time – Loss of family contact – Mild loss of rights, including educational opportunities – No allegations of sexual abuse – In care up to 3 years – Harsh discipline/moderate physical abuse inconsistent with care standards of time – Short period – Minimal ongoing psycho-social impacts – No allegations of sexual abuse – In care up to 2 years – Harsh discipline/mild physical abuse inconsistent with care standards of time – Limited period of placement – Minimal ongoing impacts – No allegations of sexual abuse – In care up to 12 months.Descriptions Extreme Severe Serious Moderate
3.8. IAP Abuse and Harm
• Repeated, persistent incidents of anal or vaginal intercourse. • Repeated, persistent incidents of anal/vaginal penetration with an object. • One or more incidents of anal or vaginal intercourse. • Repeated, persistent incidents of oral intercourse. • One or more incidents of anal/vaginal penetration with an object. • One or more incidents of oral intercourse. • One or more incidents of digital anal/vaginal penetration. • One or more incidents of attempted anal/vaginal penetration (excluding attempted digital penetration). • Repeated, persistent incidents of masturbation. • One or more incidents of simulated intercourse. • One or more incidents of masturbation. • Repeated, persistent fondling under clothing. • One or more incidents of fondling or kissing. • Nude photographs taken of the Claimant. • The act of an adult employee or other adult lawfully on the premises exposing themselves. • Any touching of a student, including touching with an object, by an adult employee or other adult lawfully on the premises which exceeds recognized parental contact and violates the sexual integrity of the student. • Being singled out for physical abuse by an adult employee or other adult lawfully on the premises which was grossly excessive in duration and frequency and which caused psychological consequential harms at the H3 level or higher. • Any other wrongful act committed by an adult employee or other adult lawfully on the premises which is proven to have caused psychological consequential harms at the H4 or H5 level.Acts Proven Compensation Points SL5 45–60 SL4 36–44 SL3 26–35 PL • One or more physical assaults causing a physical injury that led to or should have led to hospitalization or serious medical treatment by a physician; permanent or demonstrated long-term physical injury, impairment or disfigurement; loss of consciousness; broken bones; or a serious but temporary incapacitation such that bed rest or infirmary care of several days duration was required. Examples include severe beating, whipping, and second-degree burning. 11–25 SL2 11–25 SL1 5–10 OWA 5–25
3.9. IAP Consequential Harms
Continued harm resulting in serious dysfunction. Evidenced by: psychotic disorganization, loss of ego boundaries, personality disorders, pregnancy resulting from a defined sexual assault or the forced termination of such pregnancy or being required to place for adoption a child resulting therefrom, self- injury, suicidal tendencies, inability to form or maintain personal relationships, chronic post-traumatic state, sexual dysfunction, or eating disorders. Harm resulting in some dysfunction. Evidenced by: frequent difficulties with interpersonal relationships, development of obsessive-compulsive and panic states, severe anxiety, occasional suicidal tendencies, permanent significantly disabling physical injury, overwhelming guilt, self-blame, lack of trust in others, severe post-traumatic stress disorder, some sexual dysfunction, or eating disorders. Continued detrimental impact. Evidenced by: difficulties with interpersonal relationships, occasional obsessive-compulsive and panic states, some post-traumatic stress disorder, occasional sexual dysfunction, addiction to drugs, alcohol or substances, a long term significantly disabling physical injury resulting from a defined sexual assault, or lasting and significant anxiety, guilt, self-blame, lack of trust in others, nightmares, bed-wetting, aggression, hyper-vigilance, anger, retaliatory rage and possibly self-inflicted injury. Some detrimental impact. Evidenced by: occasional difficulty with personal relationships, some mild post-traumatic stress disorder, self-blame, lack of trust in others, and low self-esteem; and/or several occasions and several symptoms of: anxiety, guilt, nightmares, bed-wetting, aggression, panic states, hyper-vigilance, retaliatory rage, depression, humiliation, loss of self-esteem. Modest Detrimental Impact. Evidenced by: occasional short-term, one of: anxiety, nightmares, bed-wetting, aggression, panic states, hyper-vigilance, retaliatory rage, depression, humiliation, loss of self-esteem.Level of Harm Consequential Harm Points H5 20–25 H4 16–19 H3 11–15 H2 6–10 H1 1–5
3.10. IAP Aggravating Factors
Add 5–15% of points for Act and Harm combined Verbal abuse Racist acts Threats Intimidation/inability to complain; oppression Humiliation; degradation Sexual abuse accompanied by violence Age of the victim or abuse of a particularly vulnerable child Failure to provide care or emotional support following abuse requiring such care Witnessing another student being subjected to an act set out on page 3 Use of religious doctrine, paraphernalia or authority during, or in order to facilitate, the abuse Being abused by an adult who had built a particular relationship of trust and caring with the victim (betrayal)
3.11. IAP Future Care
| Future Care | Additional Compensation |
|---|---|
| General – medical treatment, counselling | up to $10,000 |
| If psychiatric treatment required, cumulative total | up to $15,000 |
3.12. IAP Consequential Loss of Opportunity
Consequential Loss of Opportunity Points OL5 Chronic inability to obtain employment 21–25 OL4 Chronic inability to retain employment 16–20 OL3 Periodic inability to obtain or retain employment 11–15 OL2 Inability to undertake/complete education or training resulting in underemployment, and/or unemployment 6–10 OL1 Diminished work capacity – physical strength, attention span 1–5
3.13. IAP Points to Payment Conversion
Compensation Points Compensation ($) 1–10 $5,000–$10,000 11–20 $11,000–$20,000 21–30 $21,000–$35,000 31–40 $36,000–$50,000 41–50 $51,000–$65,000 51–60 $66,000–$85,000 61–70 $86,000–$105,000 71–80 $106,000–$125,000 81–90 $126,000–$150,000 91–100 $151,000–$180,000 101–110 $181,000–$210,000 111–120 $211,000–$245,000 121 or more Up to $275,000
3.14. New Zealand’s HCP Assessment Matrix (Fast Track Process)
claims of physical abuse or ill-treatment where the claimant has been unable to provide sufficient particulars, or where the claimant readily identifies a practice failure that did not result in abuse.Category 1
NZD$50,000Prolonged and Serious Abuse
The claimant has suffered:
• Serious physical abuse perpetrated by a staff member or caregiver; and/or
• Serious sexual abuse perpetrated by a staff member or caregiver; and
that abuse has been repeated and sustained over a significant period of time. The abuse may have occurred in one placement or multiple placements.
It is expected that most claimants in this category will have suffered both serious physical and serious sexual abuse.
This category also includes claimants who have suffered serious abuse and have also been subject to significant periods of false imprisonment.
Definitions:
Serous physical abuse in this category may be defined as closed fist punching; the use of implements and kicking/stomping that results in broken bones or other trauma and would ordinarily require medical attention or hospitalisation.
Serious sexual abuse in this category may be defined as sexual violation or any other sexual offence that carries a maximum sentence of 10 years or more.
False imprisonment is as legally defined – ie, held without any legal cause and includes being held in any form of alternate care without legal basis.Category 2
NZD$40,000Serious Abuse – Multiple Incidents
The claimant has suffered:
• Serious physical abuse perpetrated by one or more staff members or caregivers on more than 3 occasions; and/or
• Serious sexual abuse perpetrated by one or more staff members or caregivers on more than 3 occasions; or
• Has been subject to significant periods of false imprisonment.
It is expected that most claimants in this category will have suffered both serious physical and serious sexual abuse.
This category is distinguished from Category 1 by the fact that the abuse is not over such a prolonged and sustained period of time.
Definitions:
Serous physical abuse in this category may be defined as closed fist punching; the use of implements and kicking/stomping that results in broken bones or other trauma and would ordinarily require medical attention or hospitalisation.
Serious sexual abuse in this category may be defined as sexual violation or any other sexual offence that carries a maximum sentence of 10 years or more.
False imprisonment is as legally defined – ie, held without any legal cause and includes being held in any form of alternate care without legal basis.Category 3
NZD $30,000Serious Abuse
The claimant has suffered:
• Serious physical abuse perpetrated by one or more staff members or caregivers on three (3) or fewer occasions; and/or
• Serious sexual abuse perpetrated by one or more staff members or caregivers on three (3) or fewer occasions; or
• Has been subjected to more than three (3) weeks in secure care without reasonable cause, and
• Has suffered physical or sexual abuse either while in secure care or in other placements.
Definitions:
Serous physical abuse in this category may be defined as closed fist punching; the use of implements and kicking/stomping that results in broken bones or other trauma and would ordinarily require medical attention or hospitalisation.
Serious sexual abuse in this category may be defined as sexual violation or any other sexual offence that carries a maximum sentence of 10 years or more.
False imprisonment is as legally defined – ie, held without any legal cause and includes being held in any form of alternate care without legal basis.Category 4
NZD$20,000Moderate Abuse
The claimant has suffered:
• Moderate physical abuse perpetrated by one or more staff members or caregivers; and/or
• Moderate sexual abuse perpetrated by one or more staff members or caregivers; or
• Serious sexual abuse (as previously defined) by other residents; or
• Has been subjected to more than three (3) weeks in secure care without reasonable cause.
Definitions:
Moderate physical abuse in this category may be defined as assaults with or without hands that result in visible injury such as bruising or abrasions and ordinarily the need for medical attention.
Moderate sexual abuse in this category may be defined as offences that attract a maximum penalty of less than 10 years.
Without reasonable cause is defined as there being no identifiable or document rationale for placement in secure beyond that period of time.Category 5
NZD$12,000Low Level Abuse
The claimant has suffered:
• Low level physical abuse perpetrated by one or more staff members or caregivers; and/or;
• Low level sexual abuse perpetrated by one or more staff members or caregivers or;
• Sexual abuse (as previously defined) by other residents; or
• Held in secure care for less than three (3) weeks without reasonable cause, and has suffered low level physical abuse.
This category includes more serious sexual assaults by other children or young people that do not constitute the same breach of trust as above.
Definitions:
Physical abuse defined physical punishment beyond the standard allowed or assaults with or without hands that result in no injury other than bruising.
Sexual abuse defined as watching, inappropriate touching and exposure.Category 6
NZD$5000Claims with Insufficient Particulars
The claimant has made:
1 In response to an Official Information Act request, I was sent the numerical steps that occupy the left-hand column (MSD 20 September 2017, on file with the author). However, the descriptions were blanked out and I had to get them from an anonymous source.
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