Institutional Abuse Lawyers

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This page contains explicit references to subject matter and material that may be traumatising or upsetting for survivors and their families. Reader discretion is advised.

Thinking Of Making An Abuse Claim & Don’t Know Where To Start?

If you, or a loved one, has experienced abuse at an educational or religious institution, or while in youth detention, foster care or during extra-curricular activities, you may be able to make a historical abuse claim.

We understand how traumatic this can be, and offer free support and information – even if you don’t wish to pursue a claim at this time.

Our team are highly professional and we understand the significant emotional toll survivors face when navigating the legal process.

We are here to ensure that you are fully supported in pursuing legal action, and to minimise further stress related to claiming compensation for historical childhood abuse.

Our Lawyers Will Provide Support Every Step Of The Way If You Decide To Make An Institutional Abuse Claim

We know that no amount of compensation will ever undo the trauma – or properly address – the impacts of child sexual abuse and other forms of serious abuse, which can be equally devastating.

When people are abused by people wrongly placed in positions of trust – or those who have breached their duty of care to protect the children in their care – it can be even more challenging for survivors to speak up.

Lump sum compensation can help you with additional resources to support treatment and healing. Compensation can go towards counselling, trauma therapy, replacing lost income, or helping you make a fresh start in life. For many abuse survivors, it can also bring a sense of closure or justice.

We understand that revisiting certain experiences can be challenging, and we can provide you with some free advice, even if you are unsure about making a claim at this stage – or at all.

Historical & Institutional Abuse Matters We Can Help You With

Historical Abuse Claims

Seek justice for abuse suffered in the past with compassionate support throughout historical abuse claims.

Institutional Abuse Claims

Pursue compensation for abuse within institutions with experienced legal guidance tailored to your case.

Educational Institutions

Address abuse in schools or colleges with dedicated legal services focused on educational institution claims.

Foster Care & Orphanages

Get support for claims of abuse in foster care or orphanages from specialists who understand these unique cases.

Historical Abuse Investigations

Conduct thorough investigations into past abuse with expert assistance to uncover the truth and seek redress.

Institutional Accountability

Hold institutions accountable for past abuse through legal action designed to address systemic failures and seek justice.

Religious Abuse Claims

Pursue justice for abuse within religious institutions with dedicated legal support focused on accountability and compensation.

What Other Matters Can An Institutional Abuse Lawyer Help You With?

If you have suffered sexual abuse, physical abuse, emotional abuse or psychological abuse, and the abuse occurred in an institutional setting, you may be eligible to access compensation.

Since the commencement of the National Child Sexual Institutional Abuse Redress Scheme (the ‘Redress Scheme‘), on 1 July 2018, survivors of historical child sexual abuse have been increasingly empowered to step forward, talk about their own suffering, and seek compensation (where previously they may have been unable or unwilling to do so).

The compensation process can be challenging to navigate, and even more so for people who are carrying significant trauma after experiencing abuse at such a vulnerable time in their lives. Many survivors cannot even begin to face the devastation of the abuse they have experienced until many years, or decades, later.

Working with knowledgeable and compassionate abuse lawyers can help relieve some of the complexity and burden of making a claim.

How can we help?

Our institutional abuse lawyers can assist you with claims made for abuse experienced in the following institutional settings:

Schools and educational settings
Church and religious settings
Within the foster system or orphanages
Extra-curricular, sporting and recreational settings
Youth detention and other residential care settings

For a confidential discussion about your matter, please contact our team today.

Not sure where to start?

We’re here to help. Call us at 1300 808 933 or complete the form below and one of our team members will contact you soon.

Obligation-Free Call

Get the legal support you need for your abuse claim. Book your obligation-free call with us today to get started.

1. Obligation-Free Consultation

We’ll take the time to understand your situation and match you with the lawyer best equipped to provide the guidance and support you need.

2. Comprehensive Case Assessment

We’ll handle your claim following a thorough evaluation, allowing you to prioritise your health and wellbeing.

3. Compensation Secured

If your claim is resolved successfully, you’ll receive a lump sum compensation, empowering you to move forward with your life.

What People Say

Without Conrad and his team on my side throughout this, I would never have proceeded, and I am sure we would not have received the outcome we did. Conrad has a depth of compassion and understanding…

Meet Our People

We bring a combination of experience, knowledge and expert perspective to your case for breakthrough results.

Conrad Curry

Director

Tom Hunter-Leahy

Partner | Accredited Specialist – Personal Injury

Hayley Collins - On Maternity Leave

Partner | Practice Lead – Medical Negligence

Ebony Bell

Senior Associate

Frequently Asked Questions

What is institutional abuse?

Institutional abuse is a term used to cover abuse of children (either historical or recent) and includes physical, emotional or sexual abuse.

What is a claim for institutional sexual abuse?

The claim is that an organisation, such as a school, church or children’s home, failed to protect the person from a risk of abuse. Other examples of institutions include but are not limited to, detention centres, dormitories or boarding schools, hospitals, missions, orphanages, sports clubs, training farms, welfare services and youth centres.

Why do I need a lawyer to help me obtain a compensation payout, award or settlement?

As you can see, based on the questions and answers above, navigating through the various options available to survivors of institutional abuse can be a very confusing and stressful process. An experienced personal injury lawyer will assist you with whichever option is best based on your circumstances and needs.

There are several avenues for seeking compensation for institutional sexual abuse, such as the Redress Scheme, victims of crime compensation and/or seeking legal advice about bringing a common law damages claim. Here’s how our Institutional Abuse lawyers can help:

We can advise you of your legal rights and entitlements about historical institutional abuse (suffered by you, or a loved one).
We can assist in obtaining the advice and support necessary to get you through the claims process;
We can advise you on the advantages and disadvantages of particular claim options that are available to you;
We will ensure that you follow the proper process to claim compensation, whether through an application under the Redress Scheme or court proceedings;
By taking particular steps concerning your claim, we will ensure that you are well aware of your rights and entitlements, including those that may be exhausted or extinguished; and
We can act for you on a no-win, no-fee basis* in relation to all of the above.

No child should experience abuse or be put at risk due to institutions breaching their duty of care. If you have suffered abuse, we recommend that you seek legal advice. Our team of expert lawyers would be pleased to meet with you to advise you about your options. You can either book an appointment online or call us on (02) 4050 0330 for an obligation-free consultation.

*“No win, no fee” is a special type of payment arrangement granted on a case-by-case basis, whereby you are only required to pay our legal fees upon the successful resolution of your claim. Please contact us to find out more.

What is the National Child Sexual Abuse Redress Scheme?

In short, the Scheme was established on the basis of one of the recommendations flowing from the Royal Commission into Institutional Responses to Child Sexual Abuse (Final Report released 15 December 2017). It is intended to:

acknowledge that many children were sexually abused in Australian institutions;
recognise the suffering they endured because of this abuse;
hold institutions accountable for this abuse, and
help people who have experienced institutional child sexual abuse gain access to counselling, a direct personal response, and a Redress payment.

Is the National Redress Scheme Right For Me?

Holding institutions accountable can ensure they implement the right procedures and safeguards so that children receive the protection they need going forward. Our Institutional Abuse lawyers provide survivors with sound legal advice and representation to help them achieve the best possible outcome.

However, despite an increase in the number of survivors taking this courageous step, we consider that those survivors will likely find the legal landscape in NSW (and wider Australia) remains complicated and unaccommodating. In fact, it is challenging for some Institutional Abuse lawyers to navigate the relevant legislation, case law, and compensation options – which is why we encourage all survivors of abuse to obtain personalised advice from Institutional Abuse lawyers with demonstrated experience in complex personal injury and abuse claims.

Listen to Legally Blonde interview with Tom Hunter-Leahy regarding the National Redress Scheme Legally Blonde – The National Redress Scheme by Newcastle Live Radio (soundcloud.com)

The following are just some of the common questions raised by victims of historical institutional sexual abuse.

How can the Redress Scheme help me?

You may be eligible to receive counselling, a personal apology, and/or a Redress Payment of up to $150,000 (depending on your individual circumstances).

Is sexual abuse the only type of historical abuse that can be claimed in Australia?

No, sexual abuse is not the only type of historical abuse that can be claimed in Australia. Historical abuse claims can encompass various forms of mistreatment. Here’s a broader view:

Sexual Abuse: Claims involving any form of sexual exploitation or abuse, particularly in institutional settings.
Physical Abuse: Claims for physical harm, such as hitting or corporal punishment, experienced in institutions or care settings.
Emotional or Psychological Abuse: Claims for severe emotional or psychological mistreatment, such as verbal abuse or humiliation.
Neglect: Claims related to deprivation of necessary care and support, leading to harm or suffering.
Medical Negligence: Claims for harm caused by inadequate or improper medical treatment or care, including errors or omissions in medical services.
Denial of Medical Care: Claims for harm resulting from the refusal or failure to provide necessary medical treatment or care.

Each type of abuse can form the basis for legal claims or redress applications, and survivors may seek justice or compensation through civil claims, common law claims, or government schemes like the National Redress Scheme.

What is the difference between a civil claim, a common law claim and the National Redress Scheme for survivors of institutional abuse?

There are different areas of law that institutional abuse can be made under, which we look at below. Its also worth noting that to apply to the National Redress Scheme, the abuse needed to have been committed before 1 July 2018. This scheme will run for 10 years, with the application cut-off date being 30th June, 2027.

Here’s a breakdown of the differences:

Civil Claim:
- Nature: A civil claim is a legal action taken by an individual or group seeking compensation or remedy for harm or loss caused by another party’s negligence, breach of duty, or wrongful act;
- Process: This typically involves filing a lawsuit in civil court, where the claimant must prove their case on the balance of probabilities; and
- Outcome: If successful, the claimant may receive financial compensation or other remedies as determined by the court.
Common Law Claim:
- Nature: A common law claim is a type of civil claim based on common law principles developed through judicial decisions rather than statutes. It often involves claims for negligence, defamation, or other personal injuries;
- Process: Involves establishing that the defendant breached a duty of care owed to the claimant, causing harm or loss; and
- Outcome: Successful claimants may receive damages for losses, including compensation for pain and suffering.
National Redress Scheme (NRS):
- Nature: The NRS is a government scheme specifically designed to provide support and compensation to survivors of institutional child sexual abuse. It is a statutory scheme established under Australian law;
- Process: Survivors apply for redress through the NRS, which provides a streamlined process that does not require proof of fault or negligence but focuses on acknowledging the harm and offering compensation; an
- Outcome: Successful applicants receive a payment, a direct personal response from the institution, and access to support services. It aims to provide justice without the need for lengthy litigation.

In summary, civil and common law claims involve legal actions typically pursued in court, while the National Redress Scheme is a government-funded process specifically for institutional abuse survivors, offering a more streamlined approach to justice and compensation.

What are the time limits for Institutional Abuse in Australia?

In Australia, the time limits for pursuing legal action for institutional abuse can vary based on the type of claim and the jurisdiction. Here’s a general overview:

Civil Claims:
- Time Limit: In most Australian jurisdictions, the time limit for initiating a civil claim for personal injury, including abuse, is usually between 3 to 6 years from the date the claimant becomes aware of the abuse and its impact. However, there can be exceptions, particularly if the abuse was experienced when the claimant was a minor.
Common Law Claims:
- Time Limit: Common law claims for personal injury due to abuse follow the same time limits as civil claims. A claim must be filed within 3 to 6 years of discovering the injury or harm, although different states and territories may have specific rules.
National Redress Scheme (NRS):
- Time Limit: There is no strict time limit for applying to the National Redress Scheme. Survivors can use it regardless of when the abuse occurred. However, applications must be made within 6 months of receiving a response from the institution or redress decision, if applicable.

It’s essential for survivors to seek legal advice to understand the specific time limits and options available in their jurisdiction, as there can be nuances based on individual circumstances and local laws.

How can an institution be held responsible for the wrongful and criminal acts of a former employee or volunteer?

There are several ways in which an organisation can be held legally responsible for injuries, loss and damage suffered by children or other vulnerable people under their care and protection:

Through the National Redress Scheme (‘the Scheme‘). If the organisation has joined the Scheme, or if governments have stepped in as “funder of last resort”, survivors can obtain redress payments, counselling, support services, written apologies, and other rehabilitative acknowledgements through the Scheme;
If an organisation has been negligent in the employment of a perpetrator, it will be liable (direct liability) for injuries, loss and damage suffered by a survivor of child sexual abuse. For example, if an employee was hired without the organisation performing requisite background checks (which would, on balance, have shown that that person was unfit to be working with children), and then that employee used their employment role to gain intimacy with, and harm, a child;
Organisations can also be held vicariously liable for the intentional wrongful acts of their employees, agents, volunteers, or any other responsible third party charged with caring and protecting a child or vulnerable person while under the institution’s care and protection; and
If the organisation is a school or school authority, it has a non-delegable duty of care to its pupils in most circumstances if they are harmed in connection with their schooling.

Will I need to go to Court if I make a claim?

In most cases, the matter is unlikely to go to court. Even if common law damages claims are made by filing court proceedings, the vast majority of cases can be settled before hearing by alternative dispute resolution (such as informal settlement conferences, mediation, or correspondence between the parties). This can assist survivors by minimising further stress and psychological impact, which can be prohibitive to seeking justice.

Am I entitled to claim compensation in relation to crimes committed against me?

Yes. There are several options available to you. You could be eligible to receive up to 22 hours of counselling (and more if needed), financial support payments of up to $5,000, and recognition payments of up to $15,000.

However, you will likely need some legal advice regarding the time limits for such compensation measures, as the standard timeframe is 2 years from the date of the offence, except in certain circumstances.

*To learn more, please visit the NSW Victims’ Support Scheme Government’s Time Limits page, on this link: https://victimsservices.justice.nsw.gov.au/how-can-we-help-you/victims-support-scheme.html

What if I have not reported the abuse to the police?

It is well-recognised that survivors of child sexual abuse often feel unable or unwilling to report offences to police around the time of the offending. The perpetrator need not be charged with a criminal offence before a survivor claims about sexual assault.

Under common law, the courts assess the weight of evidence on the balance of probabilities (that is, that the survivor more likely than not suffered personal injury, loss and damage as the result of sexual assault(s) by the perpetrator); and
Under the Scheme, there simply needs to be a reasonable likelihood that the applicant is eligible for redress. This means that the applicant’s chance of being eligible is real, not fanciful or remote, and more than merely plausible.

*Please note that seeking legal advice as soon as possible is always important. As time goes by, witnesses may move or pass away, and obtaining corroborative or contemporaneous evidence may become more challenging (if additional evidence is necessary).

What is the process for commencing court proceedings for damages at common law?

The first step is to contact a lawyer to investigate your circumstances and obtain advice on whether a viable common law damages claim may be available to you;
Once your lawyer has had the opportunity to investigate your matter, they will advise you further about your options; and
Generally speaking, if you have a viable common law claim, your lawyer will file a Statement of Claim with the appropriate court on your behalf, commencing proceedings. That claim is then served on the defendant institution for it to investigate and determine its response. From that point forward, the parties prepare their respective cases for hearing and attend to the court’s procedural directions until the matter proceeds to hearing and judgment or is otherwise settled out of court.

Will my identity be protected if I step forward and commence court proceedings?

The courts have the discretionary power to order the removal of party names in favour of pseudonyms. In other words, your name can be replaced with a letter for the public record and non-disclosure / non-publication orders made. Here are some scenarios in which pseudonym orders have been made:

proceedings relating to a stigmatising illness or condition;
where it is necessary to protect a person’s psychological wellbeing;
matters considering issues of fertility;
actions concerning children; and
where the prospective litigant would otherwise have been sufficiently deterred from commencing their case.

For more information, please refer to our article on pseudonym orders and anonymity in court proceedings.

Will my criminal or psychiatric history affect my ability to claim compensation?

In short, the answer is “no”. It is well-recognised that survivors of traumatic events (especially during childhood) often suffer psychological symptoms as a result and are often more prone to criminal acts and substance abuse – which in turn leads to police/medical interventions, counselling and psychiatric treatment.

Should I report the abuse to my GP?

Your GP holds your health information in strict confidence and can refer you to appropriate specialist care and treatment services based on your need for support and treatment. It’s helpful to report any type of abuse you have experienced with your GP, even if it happened a long time ago. If you don’t feel comfortable going into detail with them, you can give them some details, and ask for a referral to an appropriate counselling service.

Am I out of time to claim compensation?

The answer is, more often than not, “No.” The Redress Scheme is accepting applications until 30 June 2027, and there is no limitation period for child abuse cases pursuant to section 6A of the Limitation Act 1969 (NSW).

Can I just make a sexual abuse claim through the National Redress Scheme?

Yes, you may choose to do so. However, you only have one opportunity to accept or decline an offer for a Redress Payment. Depending on your circumstances, it may not be your only option. It is recommended that you obtain legal advice before making a life-changing decision.

Has the institution responsible for my abuse joined the Redress Scheme?

Most responsible institutions (including all national and state government institutions and 459 non-government institutions) have joined the Redress Scheme. However, some have not, whether due to becoming defunct or lack of funding.

Federal and state governments will step in to become the funder of last resort for the Fairbridge Society (which no longer exists).

The following institutions have failed to join to date:

Hunter Aboriginal Children’s Services (HACS);
RG Dance Pty Ltd;
Yeshiva Centre and the Yeshiva College Bondi (pre-2003);

*The Australian Government has reaffirmed its commitment to working with state and territory governments to ensure that they become funders of last resort in circumstances where survivors would otherwise be unable to access the Redress Scheme.

How long will the Redress Scheme run?

The Redress Scheme will run until 30 June 2027 for survivors who will turn 18 before 30 June 2028.

What is the process for applying for compensation under the Redress Scheme?

The Australian Government has committed to making the application process more intuitive and user-friendly for applicants. For the time being, you can apply by:

Asking your Redress Support Service for a copy;
Downloading it from nationalredress.gov.au or
Call 1800 737 377 (charges may apply) and ask for an application to be sent to you.

When you apply, you will be asked to provide the following information:

Your information. For example, provide your name, contact details, and Centrelink Customer Reference Number (if you have one).
Details about the abuse you experienced and how it impacted you. Include as much information as you remember, and
Provide a signed statutory declaration. Please note that the person who witnesses the declaration does not need to read your application (this part of the application process is currently under review and may be removed).

What if I have already received a relatively small compensation payout and signed a binding Deed of Release?

Courts can use a discretionary power to set aside Deeds of Release in circumstances where it would be just and reasonable to do so, weighing up the retrospective impact of the removal of limitation periods across Australia (about child sexual abuse matters) against the circumstances of the parties entering the Deed, including the extent to which parties would be prejudiced if the Deed is indeed set aside.

It is important to obtain legal advice if you believe a previous settlement was unjust or unreasonable or the compensation agreed was trivial/insufficient compared to the injuries, loss and damage you or a loved one suffered.

If this general advice and information has caused you emotional distress, and you would like some support and counselling, we encourage you to reach out to one of the leading support services listed below.

Blue Knot Foundation https://blueknot.org.au/ 1300 657 380

Beyondblue https://www.beyondblue.org.au/ 1300 224 636

MensLine Australia https://mensline.org.au/ 1300 789 978

Lifeline https://www.lifeline.org.au/ 13 11 14

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