Compensation for historical abuse is available to survivors across New South Wales. Whether the abuse was physical, emotional, or sexual, the effects can last a lifetime. Many people feel uncertain about their rights or how to start a claim, especially when the abuse happened years or decades ago.
This guide is designed to help survivors and their supporters understand their rights, compensation options, eligibility, and the step-by-step process for claiming in NSW. Whether you are considering the National Redress Scheme, NSW Victims Support, or a civil claim, this guide will help you take the next step towards justice and recovery.
Understanding Historical Abuse
Historical abuse refers to physical, emotional, or sexual harm that occurred in the past—often during childhood or adolescence—but is only being reported or addressed years later. This includes:
- Physical abuse: Hitting, beating, or other forms of physical harm.
- Emotional abuse: Verbal assaults, humiliation, persistent neglect, or psychological manipulation.
- Sexual abuse: Any unwanted sexual acts, touching, or exploitation, including child sexual abuse and sexual assault.
Abuse can occur in many settings, such as schools, religious institutions, foster care, youth detention centres, after-school care, sporting clubs, and family homes. In NSW, the Royal Commission into Institutional Responses to Child Sexual Abuse revealed widespread institutional abuse, including church-based organisations and government bodies.
Legal Framework
It is important to note that the laws governing compensation for historical abuse can vary by jurisdiction. In New South Wales, for example, there is no limitation period on civil claims for a child sexual abuse claim, claims of serious physical abuse, or any other abuse perpetrated in connection with sexual or severe physical abuse.
This means that a historic sexual abuse claim can proceed, regardless of the time that has passed between the occurrence of abuse and when the victim takes legal action. This change in legislation was part of the NSW Government’s response to the Royal Commission and aims to better support sexually abused victims.
Pursuing a Compensation Claim for Historical Abuse
Compensation claims for historical abuse seek justice and financial compensation for the harm suffered by victims who experienced institutional and/or child abuse. However, the process of claiming compensation for historical abuse can be complex and challenging.
Historical abuse refers to any form of abuse that occurred in the past, including physical, emotional, and sexual abuse. The majority of these compensation claim cases are focused on historical child abuse and/or historic sexual abuse. In many cases, victims of historical abuse may have suffered in silence for years, feeling too ashamed or frightened to speak out.
With the growing awareness of the impact of abuse on victims, many survivors are now coming forward regarding the harm they experienced, including both physical and psychological injuries.
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Eligibility for Compensation
To claim compensation for historical abuse, specific eligibility criteria must be met. These criteria vary by country and jurisdiction.
In Australia, for example, the National Redress Scheme was established to provide support to people who have experienced institutional child sexual abuse. To be eligible for compensation under this scheme, the abuse must have occurred before 1 July 2018, and the applicant must have been under 18 years of age at the time of the abuse.
In addition, the applicant must have experienced abuse while in the care of an institution that has opted into the scheme. This includes institutions such as schools, churches, and government-run facilities.
To apply for compensation, the applicant must provide evidence of the abuse, such as police reports, medical records, or witness statements. The evidence must be sufficient to support the claim of abuse.
In NSW, the Victims Support Scheme provides financial assistance to victims of violent crimes, including historical abuse. To be eligible for compensation under this scheme, the abuse must have occurred in NSW and the applicant must have suffered physical or psychological harm as a result of the abuse.
The applicant must also have reported the abuse to the police and cooperated with any investigation or prosecution. If the abuse was reported more than two years after it occurred, the applicant must provide a reasonable explanation for the delay.
There are various pathways to compensation for victims; however, eligibility for compensation for historical abuse varies by jurisdiction and the specific schemes in place. An experienced legal professional can assist by helping you to carefully review the eligibility criteria and provide sufficient evidence to support your claim.
Compensation Amounts
Compensation amounts for historical abuse claims vary by the severity of the abuse and the jurisdiction in which the claim is filed. In Australia, compensation is often awarded through redress schemes, which provide financial compensation to victims of historical abuse.
In New South Wales, compensation amounts are determined by the Redress Support Services Scheme. The amount of compensation awarded depends on the severity of the abuse suffered and the impact it has had on the victim’s life. Compensation amounts can range from less than $10,000 to $150,000.
The amount of compensation awarded can also depend on the type of abuse suffered. For example, victims of sexual abuse may be granted higher compensation amounts than victims of physical abuse.
It is important to note that compensation amounts are not intended to fully compensate victims for the harm they have suffered. Instead, they are designed to provide some measure of financial support and recognition for the damage caused.
In addition to financial compensation, redress schemes may also provide counselling, medical treatment, and other forms of assistance to help victims cope with the trauma of their experiences.
How to Make a Claim
Making a claim for historic abuse can be a complex and challenging process. It’s important to understand the key steps involved and to improve the potential outcome of your claim.
Finding Legal Representation
The first step in claiming historical abuse compensation is to find a lawyer who specialises in this area. Understanding historical abuse can be complex. It requires a comprehensive understanding of the type of abuse (e.g. sexual assault, child abuse, neglect, etc.) and the context in which the abuse occurred, as well as an understanding of the impact that the abuse has had on the victim.
This may involve gathering documentation, including witness statements, medical evidence, and records from treating practitioners, to build a case for compensation.
At Burke Mead Lawyers, we recognise the courage it takes to seek help. We are committed to providing trauma-informed support, privacy, and clear guidance throughout the process.
Collecting Evidence
To make a successful claim for historical abuse compensation, you will need to provide evidence to support your case. This may include medical records, police reports, witness statements, and any other documentation that can help to prove that the abuse occurred.
It is important to start collecting evidence as soon as possible, as memories can fade over time, and it may be more challenging to obtain supporting documentation. If you are struggling to obtain evidence, your lawyer may be able to help you get the necessary documentation.
Filing a Claim
Once you have found a lawyer and collected the necessary evidence, you can file a claim for historical abuse compensation. This will involve submitting a formal legal claim to the relevant authority.
The process for filing a claim can vary depending on the jurisdiction and the specific circumstances of your case. Your lawyer will be able to guide you through the process and ensure that your claim is filed correctly and within the relevant timeframes.
Potential Challenges for Making a Compensation Claim
When it comes to claiming compensation for historical abuse, there are a number of potential challenges that survivors may face. These challenges can arise from a range of factors, including legal, practical, and emotional considerations.
One of the main challenges that survivors may face is the difficulty of proving that abuse occurred. This can be particularly challenging in cases where the abuse happened many years ago, as memories may have faded and evidence may be hard to come by. In addition, survivors may be hesitant to come forward and report the abuse, either because they fear retribution or because they feel ashamed or embarrassed.
Another potential challenge is the availability of compensation. While compensation schemes exist in some jurisdictions, survivors may find they are not eligible for compensation or that the available compensation is insufficient to meet their needs. In addition, survivors may face long waiting periods or bureaucratic hurdles when applying for compensation, which can be frustrating and discouraging.
Finally, survivors may face emotional challenges when seeking compensation for historical abuse. For many survivors, coming forward and reliving the trauma of their abuse can be a difficult and painful process. This is why it’s so important to have experienced legal representation who can offer considered and practical advice on pathways forward.
Key Takeaways
- Historical abuse compensation seeks justice for victims of past abuse, including physical, emotional, and sexual abuse.
- Victims may claim compensation if they demonstrate physical or psychological harm caused by the abuse.
- Claims can be made regardless of when the abuse occurred, with no limitation period for civil claims in Australia.
- Evidence gathering is crucial for proving claims, which may include medical records, police reports, and witness statements.
- Compensation avenues include direct negotiations with institutions, court proceedings, or statutory schemes like the National Redress Scheme.
Seek Advice from Experienced Institutional and Historical Abuse Lawyers
Dealing with an institutional or historical abuse claim can be a stressful and complicated process, but it is manageable with the right help.
The team at Burke Mead Lawyers is an expert in compensation law, including historic abuse claims. Our experts can assist you throughout this process to protect your legal rights – contact Burke Mead Lawyers today.
