Historical & Institutional Abuse Lawyers
Experts at Supporting Claims for Institutional & Historical Abuse Compensation
The process for making a successful historical or institutional abuse claim can be extremely confronting for the abuse victims and survivors. Working with experienced legal representation ensures you have a clear understanding of your rights and can take a considered approach when making a civil claim, thereby increasing the likelihood of receiving the appropriate compensation and justice.
The Benefits of Working with a Specialised Institutional Abuse Lawyer
If you have suffered sexual, physical, or psychological abuse in an institutional setting, you may be eligible to seek compensation. This is where advice from an expert in historical and institutional abuse law is crucial.
At BurkeMead, our services are delivered by a dedicated team of lawyers with experience in historical or institutional abuse claims. We are here to listen to our clients, understand their individual circumstances, and act on their behalf as needed. Our team can assist in gathering the correct documentation (such as reports, medical records, etc.) for court proceedings, dealing with institutional responses, and guide them and their loved ones throughout the claims process to receive the compensation abuse survivors deserve.
The team at BurkeMead combines extensive experience with a deep understanding of the community, ensuring every client receives personalised support, respect, and confidentiality throughout the legal process. Led by Emma Mead, the Managing Director of Burke Mead Lawyers and an Accredited Specialist in Personal Injury Law, our team operates across Newcastle, the Hunter region, the Central Coast, Sydney and regional NSW.
GET HELP NOW WITH YOUR COMPENSATION CLAIM TODAY
Get in touch with our Personal Injury Compensation team
Defining Institutional Abuse
Institutional abuse occurs when a person suffers emotional, psychological, sexual or serious physical abuse within an organisation responsible for their care, supervision, or education. This includes settings such as religious institutions, schools, foster care, correctional facilities, sporting clubs, and state-run children’s homes.
For a more detailed explanation, we recommend reading our resource on what institutional abuse is and the steps for making a claim.
Many survivors of childhood abuse are now seeking justice for trauma that happened years or decades ago.
Our experienced abuse lawyers understand the impact these experiences have had on victims and their families. Whether the abuse occurred in recent years or decades past, our compassionate team is here to help you navigate your path to compensation.
Frequently Asked Questions About Historical & Institutional Abuse
Q. What is abuse law?
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 compensation claims and/or claims from victims of institutional abuse.
Q. What is the National Redress Scheme?
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.
Regarding the scheme, redress may include access to counselling, a monetary payment, and a direct personal response from the institution. Applications can be submitted at any time before June 30, 2027.
Q. How can I claim compensation for institutional abuse?
If you suffered sexual abuse or physical, emotional or psychological abuse in an institutional setting, you may be entitled to claim compensation. There are typically three pathways to seek compensation:
- National Redress Scheme – For childhood sexual abuse in institutions
- Civil Claims – Court proceedings against the institution responsible
- Victims Support Schemes – State-based support for various abuse types
Every case is unique; our legal team can offer tailored advice and the best course of action for seeking compensation.
How hard is it to prove historical abuse?
While proving historical abuse can be challenging, our experienced abuse lawyers know how to build strong cases even when the abuse occurred many years ago. Helpful evidence may include:
- Your personal testimony (often the most crucial evidence)
- Medical records or counselling notes documenting mental health impacts
- Witness statements from others who experienced abuse or knew about it
- Historical records from the institution
- Police reports or previous complaints
- Documentation showing you were at the institution when the abuse occurred
You don’t need all these documents to pursue a claim. Our law firm has extensive experience helping survivors achieve justice with limited documentation.
What Time Limitations Apply to Abuse Claims?
Recent legal reforms have removed time limitations for childhood abuse claims in most Australian states. This means many survivors can now pursue compensation regardless of when the abuse occurred. However:
- The National Redress Scheme has a deadline of 30 June 2027
- Some types of claims may still have time limits
- Earlier action often means better access to evidence and witnesses
How long does an abuse compensation claim take?
Each compensation claim is unique and is rarely resolved quickly. Institutional child abuse cases are often complex and commonly in regards to historic abuse, which can take a longer time to resolve.
Who pays for an institutional abuse case?
If you commence court proceedings and win your compensation claim, your legal costs will mostly be paid by the defendant (the institution responsible). You may also have to pay some of the costs for legal fees out of your compensation settlement.
Can I Claim If the Institution No Longer Exists?
Yes, you may still be able to claim compensation even if the institution has closed or changed ownership. Options include:
- Claims against successor organisations
- The National Redress Scheme (if the institution has joined)
- Claims against individual perpetrators
Our Personal Injury Lawyers
More about Institutional Abuse Compensation
GET HELP NOW
Get in touch with our Personal Injury Compensation team
BOOK A CONSULTATION
Notice
Personal injury laws differ from state to state, if you are not in NSW, please contact your relevant state Law society for further assistance.