Institutional abuse is a serious issue affecting people across Australia, often within organisations that are meant to provide care, protection, or support. 

Institutional abuse refers to the mistreatment, neglect, or exploitation of individuals by those in positions of authority within an organisation or institution. This can occur in settings such as aged care facilities, schools, religious institutions, healthcare services, foster care, sporting clubs, and detention centres.

In our latest guide, we help you understand what institutional abuse is, recognise the signs, and know what steps to take if you or someone you know has been affected. Drawing on findings from the Royal Commission into Institutional Responses to Child Sexual Abuse and recent high-profile Australian cases, this guide provides up-to-date, relevant information.

Contents

Defining What is Institutional Abuse

Institutional abuse occurs when an organisation or its staff members engage in, enable, or fail to prevent abusive behaviour towards individuals in their care. This abuse can be physical, sexual, verbal, emotional or financial, and often involves a breach of trust and power.

This form of abuse can manifest in various ways. For example, it may involve authority figures within the institution committing harmful acts or the institution itself enforcing detrimental policies.

These actions are typically perpetrated by those holding positions of power or authority within the institution. 

Given the complexity around institutional abuse claims, it is recommended that victims seek legal advice from specialised institutional abuse lawyers who are experienced in organisational and historical abuse cases. The team at BurkeMead can guide victims through their options and potential legal proceedings, assist them with understanding their rights, collect evidence, and submit their claims to the appropriate authorities.

Types of Institutional Abuse

Institutional abuse or harm can manifest in many different forms, each causing significant harm to vulnerable individuals. The most common types include:

Physical abuse: This can involve physical violence, such as hitting, inappropriate restraint, inappropriate confinement or neglectful medical procedures.  

Example: A resident in aged care is left with unexplained bruises or injuries, or is subjected to inappropriate confinement or strict routines such as enforced bedtimes or toilet isolation.

Sexual abuse: Includes any unwanted sexual activity, sexual harassment, or exploitation.  

Example: A child in foster care is sexually abused by a staff member or another resident. Institutional child sexual abuse can also occur in religious institutions or schools.

Verbal Abuse and Emotional Abuse: Involves threats, humiliation, intimidation, or isolation.  

Example: Staff members use degrading language, enforce strict routines that discourage personal choice, or isolate individuals from their families and communities.

Neglect: Failing to provide adequate food, medical care, or emotional support.  

Example: Residents of an aged care facility are left in soiled clothing, denied access to necessary medication, or experience poor care practices and inadequate support.

Financial abuse: Unauthorised use of a person’s money or property.  

Example: Staff members misuse a resident of an aged care facility’s bank account, pressure them to change their will, or take personal belongings.

Where Can Institutional Abuse Happen?

Institutional abuse can happen in a wide range of settings, including:

  • Aged care facilities
  • Schools and educational institutions
  • Religious organisations
  • Healthcare and hospitals
  • Foster care and out-of-home care
  • Sporting clubs
  • Juvenile detention centres
  • Mental health facilities
  • Residential care and disability services

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Implementing Effective Reporting Mechanisms

Robust reporting mechanisms are essential for combating and effectively addressing institutional abuse when it occurs. These systems empower victims and witnesses to safely disclose incidents, ensuring appropriate action is taken.

Key components include well-defined procedures and strong protections for whistleblowers.

Reporting Procedures

Effective reporting procedures for organisational or institutional abuse should be:

  • Clear and accessible
  • Designed to accommodate diverse needs
  • Implemented through multiple channels:
    • Confidential hotlines
    • Online forms
    • Designated staff members
  • Child-friendly
  • Accessible to individuals with disabilities

Mandatory Reporting

Many jurisdictions have mandatory reporting laws requiring certain professionals to report suspected abuse. To support this:

  • Provide comprehensive training on recognising abuse signs
  • Educate staff on proper reporting protocols
  • Implement a centralised system to track and investigate all reports

Whistleblower Protections

Robust whistleblower protections are vital to encourage reporting of institutional abuse:

  • Implement legal safeguards against retaliation, including protection from:
    • Termination
    • Demotion
    • Harassment
  • Establish policies guaranteeing confidentiality and anonymity
  • Provide secure reporting channels
  • Develop strict protocols for handling sensitive information
  • Offer support services for whistleblowers, including:
    • Counselling
    • Legal advice
  • Conduct regular training on whistleblower rights and protections

Agency Responsibility

Agencies (institutions or organisations) play a crucial role in preventing and responding to institutional abuse, from implementing robust screening processes for staff and volunteers to thorough background checks and reference verifications. Regular training on child protection policies and procedures is essential.

Organisations should establish clear reporting mechanisms for suspected abuse, including confidential hotlines and designated child protection officers, as well as prompt and thorough investigations of all allegations, which are paramount.

Agencies must foster a culture of transparency and accountability by conducting regular external audits and reviews of child protection practices to identify gaps and areas for improvement. Collaborating with law enforcement and child protection services can also be effective for intervention.

The legal landscape surrounding institutional abuse has evolved significantly, establishing frameworks for accountability and redress and providing survivors with avenues for recognition, support, and compensation.

Historical Development

Australia’s response to institutional abuse has undergone significant changes over time. In the past, many cases went unreported or were dismissed due to societal attitudes and legal barriers.

Key milestones include:

  • Increased public awareness in the late 20th century
  • State-based inquiries into institutional abuse
  • The establishment of the Royal Commission into Institutional Responses to Child Sexual Abuse in 2013

The Royal Commission’s findings led to widespread reforms and the creation of the National Redress Scheme to assist individuals who were sexually abused.

Legislation Relating to Institutional Abuse Claims in NSW

Institutional Abuse claims in NSW are covered by various pieces of legislation including:

  • Civil Liability Amendment (Organisational Child Abuse Liability) Act 2018
  • National Redress Scheme
  • Limitation Amendment (Child Abuse) Act 2016
  • Victims Rights and Support Act 2013
  • Civil Liability Act 2002

In effect, this provides two avenues for individuals to pursue; either Civil Litigation or the National Redress Scheme.

The Civil Litigation Process

Civil litigation for institutional abuse claims in NSW involves several stages.

It’s important to note that civil litigation can be a lengthy and potentially stressful process. However, recent legislative changes in NSW have improved the position of survivors in these cases. Removing limitation periods and reversing the onus of proof onto institutions have made it easier for survivors to bring claims and achieve just outcomes.

What is Redress?

Redress acknowledges the harm caused to individuals who experienced institutional child abuse and involves recognising the suffering endured and offering support to survivors.

The concept encompasses various forms of assistance, including:

  • Financial compensation
  • Access to counselling and psychological services
  • Direct personal responses from responsible institutions

Redress schemes aim to provide a less adversarial alternative to traditional legal processes, offering survivors a pathway to healing and justice without requiring lengthy court battles.

National Redress Scheme

Today, Australia has robust legal protections against abuse in institutional settings. The National Redress Scheme for Institutional Child Sexual Abuse Act 2018 provides a legislative framework for redress.

Key features of the current legal landscape include:

  • Mandatory reporting requirements for institutions
  • Improved criminal justice responses
  • Enhanced civil litigation options for survivors

The National Redress Scheme operates alongside existing legal avenues, providing survivors with choices in seeking justice for institutional abuse, organisational abuse and historical abuse claims.

Seek Trusted Advice from Experienced Institutional Abuse Lawyers

If you believe you may be entitled to make an institutional abuse claim, contact Burke Mead Lawyers. Our team of qualified personal injury lawyers operates across NSW.

Our team of professionals have helped countless individuals with their personal injury claims, including claims made for institutional abuse – contact our legal experts today.

Key Takeaways

About the Author
Emma Mead

Emma Mead is an Accredited Specialist in Personal Injury Law, accredited by the Law Society of NSW. She specialises in all personal injury, locally and across New South Wales.