Historical Abuse Claims
If you have experienced abuse in an institutional setting, you are not alone, and it is not too late to seek justice. NSW law has changed significantly in recent years to make it easier for survivors to come forward, regardless of how long ago the abuse occurred.
Historical abuse claims involve harm suffered in institutions such as schools, churches, children’s homes, sporting organisations, and other settings where people in positions of authority abused that trust. For many survivors, the decision to come forward is not made quickly. The law now recognises that, and the barriers that once prevented claims being made have been substantially removed.
Who Can Claim
You may be eligible to make a historical abuse claim if you experienced physical, sexual, or psychological abuse in an institutional setting, including:
- Schools, whether government, Catholic, independent, or other religious institutions
- Children’s homes, orphanages, or out-of-home care settings
- Sporting clubs, youth organisations, or community groups
- Religious institutions and organisations
- Juvenile detention or correctional facilities
- Any other institution where adults held positions of authority or care over children or vulnerable people
Claims can be made regardless of whether the abuse occurred decades ago, whether the perpetrator is still alive, and whether the abuse was ever reported at the time.
How a Claim Works in NSW
Historical abuse claims in NSW were transformed by the National Redress Scheme and, critically, by amendments to the Limitation Act 1969 which removed the time limit for claims involving child sexual abuse. This means that survivors who were previously time-barred from pursuing claims may now have a viable path to compensation.
Claims can be pursued through several avenues depending on the circumstances.
The National Redress Scheme provides a non-court based pathway to compensation, a direct personal response, and access to counselling for survivors of institutional child sexual abuse. Payments are capped but the process is less adversarial than litigation.
Civil litigation against the responsible institution may be available where the institution can be identified as legally liable for the abuse, and where the harm suffered supports a damages claim that exceeds what the Redress Scheme offers.
Settlement negotiations with institutions outside of formal litigation are also possible and are sometimes the most efficient path to a resolution.
We will explain which pathway or combination of pathways is most appropriate for your specific circumstances.
Why You Might Want a Specialist Lawyer
Institutional abuse claims require sensitivity, discretion, and specialist legal knowledge. Institutions and their insurers are experienced at defending these claims and minimising their exposure. We ensure that your claim is handled with care and that you are not disadvantaged by the complexity of the process. Specifically, we:
- Advise you on every available pathway and which is most appropriate for your situation
- Handle all communication with the institution and their legal representatives on your behalf
- Ensure your claim captures the full extent of the harm you have suffered, including psychological injury, lost opportunities, and ongoing care needs
- Support you through the process at a pace that works for you
What Compensation Could You Receive?
Depending on the pathway pursued and the nature and impact of the abuse, you may be entitled to:
- A lump sum payment through the National Redress Scheme of up to $150,000 Common law damages through civil litigation, which may exceed
- Redress Scheme amounts significantly in serious cases
- Counselling and psychological support funding
- A direct personal response or apology from the institution where sought
FAQ
I am worried about reliving the experience through a legal process. What should I know?
We understand that this is a significant concern for many survivors. Not every pathway requires you to give detailed evidence in a courtroom setting. The National Redress Scheme in particular is designed to be less confrontational than litigation. We will explain what each pathway involves before you make any decision.
The institution responsible no longer exists. Can I still claim?
Possibly. Successor organisations, insurers, and government bodies may still carry liability for the actions of institutions that no longer exist. We can investigate whether a viable respondent can be identified.
I reported the abuse at the time and nothing was done. Does that affect my claim?
No. The fact that a complaint was made and ignored, or actively covered up, may actually strengthen your claim by demonstrating that the institution was aware of the abuse and failed to act. It does not disqualify you from pursuing compensation.
