Institutional Abuse Law: Know Your Rights and Legal Options
If you or someone you love has experienced abuse within an institution, you may be entitled to compensation and support.
Institutional abuse refers to the mistreatment, neglect, or exploitation of individuals—often children or vulnerable people—within organisations or institutions that were meant to protect them. In Australia, victims of institutional abuse now have stronger legal rights and access to justice, thanks to significant reforms and the findings of the Royal Commission into Institutional Responses to Child Sexual Abuse.
Legal Framework for Institutional Abuse Claims in Australia
Australia has made major strides in improving access to justice for survivors. Key legal developments include:
#1 Royal Commission Findings
The 2013–2017 Royal Commission into Institutional Responses to Child Sexual Abuse exposed systemic abuse in churches, schools, and government bodies. Its recommendations led to major legal reforms.
#2 Removal of Statutory Time Limits
Most Australian states and territories have removed time limits for civil claims involving child sexual abuse, allowing survivors to bring claims regardless of when the abuse occurred.
#3 National Redress Scheme
The National Redress Scheme provides financial compensation, counselling, and an apology to eligible survivors of child sexual abuse in institutions that have joined the scheme.
However, redress payments are capped and may not reflect the full impact of abuse—so many survivors choose to pursue civil compensation claims for greater outcomes.
What Is Institutional Abuse?
Institutional abuse can take many forms, including:
- Sexual abuse
- Physical abuse
- Psychological or emotional abuse
- Neglect or failure to protect
These acts are committed by people in positions of power—such as teachers, clergy, carers, or staff—within schools, churches, government agencies, orphanages, foster care systems, juvenile detention centres, sports clubs, or other institutions.
“Empathetic, discreet, and deeply committed to justice. I’m so grateful for their support.”
Making a Civil Compensation Claim for Institutional Abuse
If you are a survivor of institutional abuse, you may be eligible to claim compensation through civil litigation. These claims can seek damages for:
- Pain and suffering
- Psychological harm
- Medical and counselling expenses
- Loss of income or earning capacity
- Future care and support needs
Your claim may be against the institution itself (vicarious liability), or against individuals responsible for the abuse.
Why Work With a Specialist Abuse Lawyer?
Institutional abuse cases are complex and emotionally sensitive. A trauma-informed and experienced lawyer can:
- Explain your rights and legal options in plain language
- Handle claims with care, discretion and compassion
- Investigate your case and gather evidence
- Deal directly with institutions and insurers
- Maximise your compensation and secure long-term support
We offer a no win, no fee arrangement for institutional abuse cases, meaning you pay nothing unless your claim is successful.
Institutions Commonly Involved in Abuse Claims
- Catholic Church and other religious organisations
- State-run and private schools
- Government child protection departments
- Orphanages and foster care systems
- Youth detention centres
- Disability service providers
- Sporting and recreational clubs
FAQS
Can I still make a claim even if the abuse happened decades ago?
Yes. In most Australian states, time limits for child abuse claims have been removed. You can still bring a claim even if the abuse occurred many years ago.
Will I have to go to court?
Your lawyer will work to resolve your case in the way that causes you the least distress.
What if the perpetrator has died or can’t be found?
You may still have a claim against the institution responsible for your care or supervision at the time of the abuse.
You Deserve Justice and Support
At Marjason & Marjason Solicitors, we believe every survivor of institutional abuse deserves to be heard, respected, and compensated. Our experienced legal team handles these cases with compassion, discretion, and dedication.
You are not alone. Justice is possible.