Institutional Abuse & Historical Abuse Compensation

Abuse law refers to the intentional actions of individuals or institutions that cause harm or injury to another person. While this is not a strict legal definition, it does successfully convey the concept that to harm another person is considered abuse. There are many types of abuse that are referred to when describing the harm an individual has experienced, including sexual and physical abuse, as well as emotional and psychological abuse. In cases of historical abuse claims, we primarily focus on sexual abuse claims and/or is a victim of institutional abuse.

The National Redress Scheme is an initiative set up by the Australian Government in response to the Royal Commission into Institutional Responses to Child Sexual Abuse, providing redress to people who experienced institutional child sexual abuse. Redress refers to an acknowledgement of harm done and being compensated for that harm. In regards to the scheme, redress may include access to counselling, a monetary payment and a direct personal institutional response. Applications can be made any time before 30 June 2027.

Each compensation claim is unique and is rarely resolved quickly. Institutional abuse cases are often complex and commonly in regards to historic abuse, which can take a longer time to resolve.

Historical abuse can be difficult to prove as the offence/s took place a significant amount of time before pursuing legal action. Various kinds of evidence can be more difficult, or even impossible to secure.

The role of abuse claim lawyers is to work with individuals who have suffered abuse within institutions (institutions or systems that were meant to provide security and ensure the individual’s safety) and assist them in claiming compensation.

Working with a professional who has extensive legal expertise in compensation law means you will have sound legal advice when seeking compensation.

Each compensation claim is unique and is rarely resolved quickly. Institutional abuse cases are often complex and commonly in regards to historic abuse, which can take a longer time to resolve.

If you commence court proceedings, and win your compensation claim, your legal costs will mostly be paid by the defendant (the institution responsible). You will also have to pay some of the costs for legal fees out of your compensation settlement.