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Get The Support You Need To Make An Institutional Abuse Claim
We understand how difficult it is to find the courage to go through the institutional abuse claims process. Our abuse claims lawyers will be with you every step of the way if you decide to pursue justice.
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We’ll resolutely advocate on your behalf while seeking abuse compensation on your behalf.
Our compassionate team will be with you every step of the way during the legal process.
You’ve already been through enough. Financial barriers should not stop you from making a claim.
If you have suffered abuse at an institution as a child and are considering pursuing legal action, our team can provide advice and assess your claim, at no charge to you.
If you’ve experienced institutional abuse, you deserve justice and the opportunity to heal. The physical and emotional scars, along with the financial burdens, can be overwhelming, especially when you’re trying to rebuild your life after such trauma.
Institutional abuse cases are unique, often involving complex legal frameworks designed to hold organisations accountable. We understand how difficult it can be to pursue a claim while coping with the impact of abuse.
Our compassionate team is here to provide the support and legal expertise you need, guiding you through the process with care and understanding.
If you were a victim of child abuse in an institution or other setting, you may be eligible to seek compensation for the harm you’ve endured. This compensation can help address the emotional, physical, and financial impact of the abuse, providing crucial support as you work towards healing.
What qualifies as an institution?
Orphanages and children’s homes
Schools, including boarding schools
Religious organisations or church settings
Youth and juvenile detention centres
Foster care and group homes
Hospitals or healthcare facilities
Sporting clubs and organisations
Government agencies or departments responsible for child welfare
To explore your options, it’s important to consult with a legal professional who specialises in historical child abuse cases. They can guide you through the process, ensuring your rights are protected and helping you pursue the justice you deserve.
Seeking Justice After Institutional Abuse? Our Dedicated Lawyers Are Here to Support You.
Surviving institutional abuse can leave deep scars, both seen and unseen. It’s about more than just obtaining compensation; it’s about reclaiming your sense of self, finding support, and achieving justice.
Let our compassionate legal team guide you towards a resolution that brings healing and closure.
Your path to justice and resolution starts with reaching out to us today.
Pursue justice and compensation for abuse suffered in institutions, ensuring your rights are protected throughout the process.
File claims for historical abuse, even decades after the events, to seek accountability and support your healing journey.
Navigate the complexities of the National Redress Scheme if you choose to access this form of compensation claim.
Obtain legal support and representation for claims of sexual abuse within institutions, focusing on achieving justice and closure.
Pursue claims for negligence and breaches of duty of care in institutional settings, holding responsible parties accountable.
File claims for psychological injuries resulting from institutional abuse, ensuring comprehensive support and compensation.
Receive strong legal advocacy in pursuing justice against institutions, whether through negotiation or courtroom representation.
Seek compensation for harm caused by medical or dental negligence within institutions, ensuring accountability for substandard care.
We understand the profound impact of institutional abuse and are dedicated to securing justice on your behalf. More than just legal professionals, we are steadfast advocates for survivors, committed to ensuring your voice is heard and your story acknowledged.
We recognise that pursuing an institutional abuse claim can be emotionally taxing, and we are here to support you every step of the way.
Our priority is to make the legal process as smooth and compassionate as possible. With our dedicated team by your side, you can trust us to fight tirelessly for the justice and resolution you deserve.
Navigating the legal system after enduring institutional abuse can be overwhelming. We are here to ensure your voice is heard and justice is steadfastly pursued on your behalf.
Start with a free assessment to evaluate your institutional abuse claim and discuss your legal options.
Work with our team to develop a customised legal strategy aimed at achieving justice and accountability.
We’ll advocate relentlessly for your rights, working to secure the justice and compensation you rightfully deserve.
Fill out the form below to schedule your free consultation with one of our experienced lawyers.
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In Victoria, there is no strict time limit for institutional child sexual abuse claims. However, delays in bringing a claim can impact the evidence available and may affect the outcome. However, it is a widely known fact that the devastating impact on many victims delays legal proceedings in these areas, and it can take decades for many survivors to seek legal support.
If you would like to make a claim, it’s advisable to seek legal advice as soon as possible to explore your options if you have suffered sexual abuse. You don’t have to go ahead with your matter, now, ot later, but you can get some free, confidential advice from an institutional abuse lawyer to understand your options and the process involved.
Disadvantages may include:
Acceptance of redress may preclude further legal action or claims. This means that for some survivors, accepting a National Redress scheme claim will result in a lower amount being awarded, and restrict them from making furter claims. Please speak to experienced abuse claim lawyers about your matter before accepting a redress payment.
Fixed payouts for compensation amounts are capped, which may not fully cover the survivor’s damages, losses or address their individual situation.
There is a limited scope of what payments can be made for. Redress mainly covers sexual abuse meaning that other types of abuse require separate claims.
Strict criteria must be met, and not all claims may qualify.
Redress claims offer no direct accountability for the institution responsible for the abuse. Ths means the institution will not be held legally accountable in a court.
Advantages may include:
No lengthy legal process involved, as Redress claims do not require legal proceedings meaning that legal fees will not be deducted from your claim.
Fixed payments are made. There is a structured compensation amount, although this structure does not take into account personal factors unique to your situation
The process may be less stressful, by avoiding what can be an adversarial legal proceeding, the psychological impact of making a claim may be minimised
Access to support services is offered, such as counselling and support services, although some of these services are already offered free to survivors of institutional abuse.
Confidentiality Process is generally confidential and does not involve public court records.
In civil claims for institutional child sexual abuse, the burden of proof is on the survivor to show that abuse occurred on the balance of probabilities, meaning it’s more likely than not. This is less proof than what is required in a criminal matter where the standard is ‘beyond reasonable doubt’, but more than is required for a Redress claim.
Civil claims seek compensation through negotiations or possibly court proceedings for abuse survivors, covering damages for pain, suffering, and financial losses. Redress payments, offered through the Commonwealth Redress Scheme, provide a fixed amount of compensation for institutional sexual abuse without requiring a court case or detailed proof.
The Royal Commission into Institutional Responses to Child Sexual Abuse was an Australian inquiry that investigated how institutions, including religious institutions and state-run organisations such as the foster system, handled allegations of child sexual abuse. It aimed to provide recommendations for preventing future abuse and improving responses. You can read the full report here.
If you were in youth detention or the juvenile justice system and suffered abuse, you can still make a claim for compensation. Both civil claims and redress payments are available. Institutions are responsible for abuse that occurred while you were in their care, regardless of where it happened.
In a civil claim or redress process, you do not need to see the perpetrator. The process is designed to be sensitive to the survivor’s needs, and hearings can be conducted without direct confrontation with the perpetrator.
You do not necessarily have to go to court to claim compensation after being sexually abused, or experiencing other abuses as a child due to an institutions negligence. The National Redress Scheme provides payments without court proceedings, but there can be disadvantages and limitations to claiming compensation in this way.
However, if you are pursuing a civil claim, court proceedings may be required to seek compensation through legal channels. Criminal matters relating to sexual assault and abuse are separate again from the compensation process. If you are unsure of which avenue will be best in your situation, please speak to one of our personal injury lawyers who specialise in institutional abuse matters.
The Commonwealth Redress Scheme primarily addresses child sexual abuse in institutional settings. It does not cover other types of abuse, such as physical or psychological abuse. For compensation claims related to non-sexual abuse claims, a civil claim may be pursued instead.
Common law or civil claims can be made for various types of abuse, including sexual, physical, and psychological abuse. The scope of claims depends on the specifics of the abuse suffered and the evidence available.
A civil claim involves court proceedings to seek compensation for various types of abuse. A common law claim is a type of civil claim based on common law principles.
Making a civil, or common law claim after abuse or sexual assualt can be a longer process, but can also potentially result in higher compensation amounts being awarded.
Redress claims, made through the National Redress Scheme, provide fixed payments without court action, specifically for sexual abuse that has occurred within institutions in Australia.
In Australia, specifically under the National Redress Scheme, accepting a redress payment usually requires you to sign a waiver, which means you cannot make further civil claims against the institution responsible for the abuse.
However, this waiver applies only to the institution(s) covered by the redress payment and does not prevent you from pursuing claims against other entities or for different types of abuse.
Seeking legal advice before accepting a redress payment is crucial to fully understand how it affects your rights to pursue further claims.
The amount of compensation for institutional abuse varies based on the claim and individual circumstances. Redress payments are capped at $150,000, while civil claims can potentially result in higher payouts depending on the extent of abuse and damages claimed.
The range for institutional abuse claims made in Australia through civil or common law can vary widely based on the circumstances of each case. Some settlements can be as low as $50,000 or even less, depending on the severity of the abuse, the institution’s liability, and other factors.
In more severe cases, especially those involving significant psychological and physical impact, settlements can exceed $1 million. Some high-profile cases have resulted in compensation above $2 million. These amounts can vary depending on the nature of the abuse, the evidence presented, and the legal representation. Legal costs for legal services and other costs such as taxes may also apply to these payments.
Institutional abuse law covers claims related to abuse that occurred within institutions, such as schools, religious organisations, or state care facilities. It includes legal processes for seeking compensation for physical, sexual, and psychological abuse suffered in these settings.
Institutional abuse involves any form of abuse, including physical, sexual, or psychological, that occurs within an institution, such as a school, foster care, or religious institution. It encompasses abuse perpetrated by individuals within these settings or facilitated by institutional failures.
Examples of institutional abuse include sexual abuse in a religious institution, physical abuse in a youth detention centre, and psychological abuse in a foster care system. All these situations involve abuse occurring within an institutional context.
Redress payments may affect Centrelink entitlements as they could be considered income or assets. It’s important to consult with Centrelink or seek legal advice to understand how a redress payment might impact your benefits.
As of the latest information, Redress payments from the National Redress Scheme do not affect Centrelink payments. The Department of Social Services confirms that redress payments are not counted as income or assets for the purpose of determining eligibility for Centrelink benefits.
However, it’s always wise to check with Centrelink or a financial advisor for the most current information, as policies can change.
The success rate of the National Redress Scheme in processing claims is high, with many claims approved and payments made. However, the exact success rate can vary based on the completeness of applications and individual circumstances.
The processing time for redress payments typically ranges from several months to over a year. Factors affecting the timeline include the complexity of the claim and the speed at which the necessary documentation is provided.
Finalising a common law or civil claim for institutional abuse in Australia can take anywhere from 12 months to several years.
The duration depends on factors such as the complexity of the case, the extent of the evidence, the institution’s response, and whether the matter goes to trial or is settled out of court.
Cases with more severe impacts or disputes may take longer to resolve.
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