The impact of institutional abuse in schools can have profound and lasting effects on survivors. Following the groundbreaking Prince Alfred College case in 2016, Australian law has evolved to better recognise schools’ responsibility for protecting students in their care.
For those affected by institutional abuse in NSW schools, understanding your legal rights and available support options is an essential first step toward healing and accountability.
Brief Explanation of Institutional Abuse
Institutional Abuse can happen in various institutions and systems, including churches, childcare facilities, schools, universities, correctional facilities, medical facilities, government departments, defence force departments, the foster system, or immigration and refugee facilities.
Importantly, when making historical or institutional abuse compensation claims, schools are considered an institutions under the law.
Understanding Institutional Abuse in Schools
Institutional abuse in schools occurs when a person in a position of authority, trust, or control commits intentional wrongful acts against students, for example, employee or teacher abuse in schools, including physical abuse, sexual abuse, or other forms of misconduct.
Following the landmark case of Prince Alfred College Incorporated v ADC [2016] HCA37 (a case of childhood sexual abuse in a residential school), schools can be held vicariously liable for the wrongful acts of their employees and agents.
Under NSW law, schools have a duty of care to protect children from harm. This includes ensuring proper staff screening, implementing appropriate safeguards, and responding effectively to complaints or concerns. When schools fail in this duty, they may be held legally responsible for the resulting harm and ordered to pay compensation to the claimant.
Pathways for Compensation
There are various compensation pathways for victims who have been physically, emotionally or sexually abused while in the duty of care of a school or educational institute.
1. Immediate Support for Victims
In NSW, primary victims of crime can access immediate financial assistance through Victims Services. This support is designed to help with urgent expenses and immediate needs. Additionally, survivors can access up to 22 hours of free counselling services through approved service providers. These interim measures can be accessed while pursuing longer-term compensation options.
2. National Redress Scheme & Schools
The National Redress Scheme, established in response to the Royal Commission into Institutional Responses to Child Sexual Abuse, offers three components of redress:
- A monetary payment of up to $150,000, depending on the nature and impact of the abuse
- Access to counselling and psychological services for emotional support with a one-off payment of up to $5,000
- The opportunity to receive a direct personal response from the responsible institution
The Australian government scheme is designed to provide a more straightforward alternative to court proceedings for survivors of institutional child sexual abuse. However, it may not be the best option for all survivors. Under the scheme, schools of all kinds are considered relevant institutions for redress, including public schools, non-government schools, high schools, boarding schools, childcare and educational services, OOSH (out-of-school-hours), and more. Our team can help you understand whether the National Redress Scheme or civil litigation would better serve your interests.
3. Civil Court Proceedings
Civil proceedings in NSW courts can potentially result in higher compensation than the National Redress Scheme. These claims can include compensation for:
- Loss of past and future income
- Medical and psychological treatment expenses
- Care costs, including both professional and informal care
- Pain and suffering
- Loss of quality of life
The courts may also award aggravated and exemplary damages in cases where institutions’ conduct was particularly egregious. These additional damages serve to compensate survivors and deter similar conduct by other institutions.
Steps in Making a Claim
If an individual has experienced child sexual abuse or other forms of abuse at an educational institute, there are specific steps you need to take to make a claim.
1. Initial Consultation
We offer free, confidential initial consultations to discuss your experience and explain your legal options. During this consultation, we will:
- Listen to your story in a safe, supportive environment
- Explain the various legal pathways available
- Assess the viability of your claim
- Outline our no-win, no-fee arrangements
- Answer any questions you may have about the process
2. Documentation Gathering
Once engaged, our team will help collect all necessary documentation to support your claim, including:
- Medical and psychological treatment records
- School records
- Police reports (if applicable)
- Witness statements
- Any correspondence with the institution
We handle this process sensitively and thoroughly, ensuring all relevant evidence is gathered while minimising additional stress.
3. Legal Proceedings
If proceeding with a civil claim, we will:
- Prepare and file necessary court documents
- Engage in settlement negotiations where appropriate
- Represent you in court proceedings if required
- Keep you informed at every stage
- Provide access to support services throughout the process
Why Time Matters
While NSW has removed the limitation period for child abuse claims, meaning you can now bring a claim regardless of when the abuse occurred, we encourage survivors to seek legal advice promptly when they feel ready to do so.
Other Frequently Asked Questions
How much will it cost to make a claim?
We operate on a no-win, no-fee basis for institutional abuse claims. This means you only pay legal costs if your claim is successful.
How long will the process take?
The timeline varies depending on the case’s complexity and whether it settles out of court. We aim to resolve claims as efficiently as possible while ensuring the best outcome for our clients.
Will my privacy be protected?
Yes, we take confidentiality very seriously. Court proceedings can be arranged to protect your identity, and all communications with us are strictly confidential.
Can I make a claim if the abuse happened many years ago?
Yes, NSW has removed time limitations for child abuse claims, allowing survivors to seek compensation regardless of when the abuse occurred.
It takes immense courage to come forward and seek justice for institutional abuse. Our dedicated team of compensation lawyers specialises in supporting survivors of school-related institutional abuse, providing compassionate guidance through the legal process.
Seeking Legal Advice for an Institutional Abuse Claim?
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, including Newcastle, the Hunter Region and the Central Coast.
Our team of professionals have helped countless individuals with their personal injury claims, including claims made for institutional abuse – contact our legal experts today.