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What is an institutional abuse claim?

Institutional abuse refers to the mistreatment of people in settings like schools or churches. The abuse may be physical, emotional, psychological or sexual, with survivors often requiring extensive treatment and therapy. In some cases, they may be unable to work and support themselves financially.

An institutional abuse claim provides essential compensation for survivors, covering medical costs, living expenses, lost income and their pain and suffering. While money can never undo the impact of abuse, a claim acknowledges the trauma you’ve experienced and may even prevent future abuse in that institution.

Before filing a claim, it’s always a good idea to speak with a lawyer who specialises in institutional abuse cases. We’ll provide a safe space to discuss your experience and outline your legal options, completely free of charge.

Which institutions can I claim against?

Institutions are generally responsible for the people they’re connected with — like volunteers, ministers, foster parents, and employees — if those individuals abuse someone in their care.

This means you can make a claim against the institution itself rather than just the person who committed the abuse. Since institutions typically have greater resources, this approach ensures survivors have more access to compensation.

Over the years, we have helped many survivors sue institutions for abuse. Some of the most common institutions you can claim against include:

  • Schools (public, private, and religious institutions).
  • Churches or religious organisations.
  • Preschools and childcare facilities.
  • Foster care systems.
  • Residential and out-of-home care facilities.
  • Government departments, including the defence force.
  • Charities and community groups.
  • Youth detention centres.
  • Hospitals or medical facilities.
  • Immigration and refugee facilities.

This is not an exhaustive list; there are many more institutions you may have a claim against. If you’re unsure whether you can claim against a particular organisation, reach out to us today. We can investigate your situation and identify which institution you may have a valid claim against. In some cases, there may be more than one institution responsible.

What to do if you’ve experienced institutional abuse

If you or a loved one has experienced institutional abuse, it’s important to document the situation and seek support, no matter when the abuse occurred.

Even if you decide not to make a compensation claim right away, recording this information gives you the option to file a claim in the future. This ensures that your rights are protected and you have the opportunity to get justice and compensation when you’re ready.

If you’ve experienced abuse, it’s important to visit your GP as soon as you can. They can treat any physical injuries and refer you to a psychologist for mental health care. Even if the abuse happened a while ago, getting support is crucial for your well-being and will serve as key evidence for a future claim.

If you haven’t reported your sexual assault to the police yet, it’s important to do so as soon as possible. This report, along with your doctor’s and psychologist’s notes, are crucial pieces of evidence that will support your claim. Reporting early also helps ensure the evidence is fresh and accurate.

While we know it’s challenging to discuss your experience, speaking with a lawyer who specialises in abuse cases will help you understand your legal options.

During the initial consultation, we’ll listen to your story and outline all possible paths to compensation. There’s no obligation to move forward after the meeting, but if you do decide to pursue a claim, we’ll handle everything — from gathering evidence to filing documents, and ensuring you get the care and support you need.

What types of compensation can I claim?

As a survivor of institutional abuse, you may be eligible for compensation through a civil claim. This involves taking your case to state court, where the judge will decide if it’s more likely than not that the abuse happened. This standard, known as the ‘balance of probabilities’, is much less strict than the standard in criminal cases, focusing instead on the likelihood of the claim being true.

Depending on your situation, your compensation may include:

  • Pain and suffering: how the abuse has negatively impacted your life.
  • Lost wages: if you’re unable to return to work or can only work part-time.
  • Domestic support: whether it’s provided by family and friends or a professional.
  • Medical expenses: cover for medical and psychological treatment, both past and future.
  • Aggravated and exemplary damages: in extreme cases, the court may award additional damages to send a strong message and hold the institution accountable for its actions. These extra damages are also intended to punish the institution and deter future misconduct.

A successful claim can result in a significant lump sum payment worth hundreds of thousands of dollars.

For survivors of child sexual abuse or parents of an abused child, there are additional avenues for compensation.

Childhood sexual abuse compensation

Recent reports highlight the disturbing reality of widespread institutional abuse, particularly in schools and churches. According to the Australian Bureau of Statistics, approximately 2.5 million Australian adults have reported experiencing physical and/or sexual abuse before the age of 16. These figures underscore the scale of the issue and the ongoing need to support and compensate survivors of abuse.

In response, the government has set up various compensation schemes. The National Redress Scheme is the largest, offering compensation ranging from $10,000 to $150,000 to institutional abuse survivors.

While the National Redress Scheme has helped many survivors, accepting an offer means you can no longer make a civil compensation claim. That’s why it’s important to consult with an experienced lawyer before making a decision. We offer a free consultation to discuss all your options, ensuring you get the full compensation you’re entitled to.

It’s never too late to start a childhood abuse claim

All states have now removed the time limits for childhood sexual abuse claims. This means that if you were abused in an institution as a child, you can file a claim at any time — even if many years have passed since the abuse occurred.

How to prove your institutional abuse claim

Unfortunately, you’ll usually need more than just your sworn statement to prove an institutional abuse claim, especially if the abuse happened some time ago. To support your claim, it’s important to include extra evidence like:

  • Police records: if the abuse was reported or the abuser has a prior record of similar abuse.
  • Medical treatment records: from both the time of the abuse and, if applicable, current records showing any ongoing physical effects.
  • Psychological treatment records: records of any therapy or counselling you’ve received, along with any diagnoses or ongoing treatment related to your emotional well-being.
  • Employment records: if the abuse has left you unable to work or you’re working less than before.
  • Receipts for related costs: including domestic care, medication, and therapy.
  • Records of the offender's presence: such as school enrolment forms, photos, employment records, church newsletters, or other documents to show that the offender was in the same environment as you. These records help establish the connection between the abuse and the institution or location.

We understand that collecting this evidence can feel overwhelming, but you don’t have to navigate the process alone. Our expert lawyers will work on your behalf to gather the necessary records from medical professionals, psychologists, employers, and institutions — ensuring that your case is supported with the right evidence. We’ll handle everything with the care and sensitivity you deserve, allowing you to focus on your recovery.

While institutional abuse claims are often difficult to prove, as we’ve discussed, the burden of proof is lower in civil cases compared to criminal ones. This means that even if a criminal case does not result in a conviction, your civil compensation claim can still succeed.

Our No Win No Fee guarantee protects your finances

We understand that financial concerns can be a major hurdle for sexual assault survivors seeking compensation. That’s why we offer a genuine No Win No Fee guarantee, ensuring all survivors have access to expert legal representation.

Unlike other firms, our No Win No Fee guarantee includes more than just your legal fees. We cover all upfront costs — from medical assessments to expert evidence — and there’s nothing to pay unless we win your claim. If we’re unsuccessful, you will never receive a bill from us.

Learn more about how No Win No Fee keeps your claim risk-free

Do time limits apply to institutional abuse claims?

Yes, there are time limits for institutional abuse claims, but there have been changes to the laws to help survivors get justice. The exact time frame depends on your state and the details of your case.

Childhood sexual abuse claims

As discussed, all states now allow child sexual abuse survivors to file compensation claims without time limits, even for cases that happened long ago. This legal reform is one result of the Royal Commission into Institutional Responses to Child Sexual Abuse, giving individuals who were previously unable to seek compensation a chance to pursue justice.

Adult sexual abuse claims

StateTime limit
NSW, QLD, SA, TAS, ACT, NT3 years from the date of the abuse
VIC, WA6 years from the date of the abuse

What if I’m outside the time limit?

If you’ve missed the time limit, there are still options available. The law recognises that the effects of abuse can sometimes take years to fully understand, so there are specific time limit exceptions for survivors. These include:

  • Psychological impact: if the abuse caused severe psychological effects that delayed your ability to file a claim.
  • Other party misconduct: if the institution tried to mislead you or stop you from claiming.
  • Material facts: if you were unaware of key facts related to the abuse until after the time limit expired (e.g. not realising you were abused).
  • Mistake: if the delay in filing was due to an honest mistake.
  • Justice: if the court believes it’s just to allow your claim outside the time limit.

If you’re outside the time limit for making a claim, it’s important to speak with a lawyer as soon as possible. They can help identify which exceptions might apply to your case and guide you through the process of applying to the court. With years of experience, our lawyers have successfully assisted many clients in having their delayed claims accepted.

Meet the team

Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

Leon Monaco
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We're here to help

We know that speaking with a lawyer about your abuse can be overwhelming. That’s why our lawyers are trained in trauma-informed practices and abuse law.

After your initial consultation, we’ll work together to prepare a detailed statement that accurately reflects your experience. Your lawyer will make sure everything is accurate and complete, reducing the need for repeated conversations.

We’ll discuss both the immediate and lasting impacts of abuse on every area of your life, including your work, relationships, finances, and mental health. While this conversation can be tough, it also ensures your compensation covers the full physical, mental and financial impact of the abuse.

Once we’ve filed your claim, your lawyer will take care of all communications with relevant institutions and insurers. You can be involved in this process as little or as much as you’d like. We’ll also explore out-of-court mediation to resolve your claim efficiently, helping you avoid the stress and expense of lengthy court proceedings.

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We have the experience you can count on

98%
SUCCESS RATE
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YEARS EXPERIENCE
8,967
CLAIMS WON
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COMPENSATION PAYOUTS

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