Institutional Abuse

INSTITUTIONAL ABUSE

Institutional Abuse Lawyers For Survivors Across Australia

INSTITUTIONAL ABUSE

Institutional Abuse Lawyers For Survivors Across Australia

Institutional abuse happens when harm occurs in places that were meant to protect you. That can include schools, boarding houses, orphanages, out of home care, churches, youth detention, defence facilities, disability services and community organisations.

For many survivors the hardest part is not the building or the uniform. It is the way people in power ignored warnings, dismissed complaints or protected the institution instead of protecting children and vulnerable people.

Donaldson Law acts for survivors of institutional child sexual abuse, physical abuse, psychological abuse and other serious mistreatment in institutional settings across Australia. Our work includes civil claims, National Redress Scheme advice and other reparation pathways that grew out of the Royal Commission into Institutional Responses to Child Sexual Abuse.

You do not need to know exactly which institution is responsible or which scheme applies before you contact us. Our role is to listen, to explain your rights in clear terms and to help you decide what to do next at a pace that feels manageable for you.

What Is Institutional Abuse

The National Redress Scheme describes institutional child sexual abuse as abuse that happened:

  • on the premises of an institution such as a school, church, club, orphanage or children’s home
  • where activities of an institution take place such as a camp or sporting facility
  • by an official of an institution such as a teacher, religious leader, carer, youth worker or coach

In practice our institutional abuse work often covers:

  • sexual abuse and serious physical abuse in schools, boarding houses and residential care
  • abuse and neglect in out of home care, foster care and child welfare systems
  • abuse connected with churches and religious organisations
  • harm in disability services, defence settings and community organisations
  • long term psychological injury from cultures of fear, humiliation and control

The Royal Commission confirmed that these were not isolated events. It found that tens of thousands of children experienced abuse in institutional settings and recommended sweeping reforms including changes to limitation periods, model litigant rules and the creation of the National Redress Scheme.

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How We Help with Institutional Abuse Claims

Institutional abuse claims sit at the intersection of common law, statutory schemes and human rights. The law continues to evolve, including through reforms after the Royal Commission and recent High Court decisions about institutional liability.

When you work with Donaldson Law we help you to:

  • understand which institutions may be legally responsible for what happened
  • identify the legal pathways that may apply including civil claims, the National Redress Scheme and other redress or reparation schemes
  • gather and interpret records from governments, churches, schools and other institutions
  • obtain appropriate expert evidence about the impact of the abuse
  • negotiate with institutions, insurers and government bodies to seek fair outcomes
  • decide whether litigation is needed in matters where negotiation or redress processes cannot deliver a safe or adequate result

Some matters resolve through redress schemes or negotiated outcomes. Others need formal court proceedings to properly hold an institution to account. We are collaborative where possible and prepared for litigation where that is required.

Throughout the process we minimise unnecessary retelling, keep you informed about what is happening and make sure that any decision to move forward is made with clear information about risks and likely ranges of outcomes.

Types Of Institutional Abuse Matters We Act In

To make it easier to see how the law may apply in your situation our institutional abuse content is grouped into key areas. Each has its own page that goes into more detail and looks at common issues for that setting.

Education Facilities
This includes abuse connected with:

• primary and secondary schools
• boarding schools and hostels
• early childhood centres and day cares
• tertiary residential colleges

On our Education Facilities page we explain how the law treats abuse in schools and education settings, how responsibility is allocated and how schemes such as the National Redress Scheme interact with civil claims.
State Departments and Statutory Institutions
This covers abuse in:

• state run children’s homes and residential care
• state run disability or mental health facilities
• other state departments and statutory bodies that had responsibility for children or vulnerable people

Our State Departments and Statutory Institutions page looks at how state governments respond to institutional abuse claims, which redress programs may apply in each jurisdiction and how model litigant obligations should shape the way governments defend these matters.
Commonwealth Departments and Statutory Institutions
Some abuse took place in federal settings such as:

• Commonwealth run residential institutions
• defence and veteran related facilities
• immigration or other Commonwealth programs

On our Commonwealth Departments And Statutory Institutions page we explain when the Commonwealth may be responsible, how the National Redress Scheme operates for eligible institutions and how Commonwealth model litigant expectations should influence the conduct of these matters.

Religious Institutions
This includes abuse connected with:

• churches and religious orders
• church run schools and hostels
• missions and other religious programs

Our Religious Institutions page discusses how courts and legislatures have approached liability for abuse by priests, religious brothers and others and how recent law reform has changed the position for survivors seeking compensation from churches and religious trusts.
Community Organisations
This category covers:

• youth groups, scouts and guides
• sporting clubs and community associations
• charity run homes and support services

On our Community Organisations page we outline how responsibility can arise for community groups, how insurance may respond and when schemes such as the National Redress Scheme may apply.

If your experience does not fit neatly into one category we can still talk with you about how the law may apply and which institution or institutions should be held to account.

◈ Institutions We Commonly Act In ◈ 

You do not need to see your specific institution listed to get in touch. These examples illustrate the types of institutions we frequently provide advice on. We also have dedicated pages for the key areas of institutional abuse where we most commonly act:

From this Institutional Abuse hub you can click through to learn more about how the law may apply in your situation and which bodies or schemes may be relevant.

THE DL DIFFERENCE

Why Survivors Choose Donaldson Law For Institutional Abuse

Institutional abuse work is complex and emotionally heavy. It needs a firm that understands trauma, power imbalances and the practical realities of dealing with large institutions.

Survivors choose Donaldson Law because:

Our work is concentrated on abuse law, institutional accountability, ADF matters and reparation pathways rather than general accident work. That focus means our systems and experience are designed for these matters.
We plan conferences and evidence gathering carefully, minimise unnecessary retelling and encourage support people. We draw on trauma informed legal practice principles developed for survivors of institutional abuse.
We follow developments in the National Redress Scheme and civil litigation reforms that came out of the Royal Commission’s Redress and Civil Litigation report and subsequent government responses.
We explore redress, restorative and negotiated options wherever these can provide safe and meaningful outcomes. When institutions will not engage fairly we are prepared to use formal court processes to seek justice.
You have a primary lawyer plus a small team who know your matter. That gives you more than one point of contact and helps us maintain momentum.
We provide written costs information in plain language before you engage us then update you about costs as your matter progresses.
GOT A QUESTION?

Institutional Abuse FAQs

If you are a survivor of institutional abuse and you feel ready to talk about what happened you can contact us by phone, email or through our online form.

Abuse Law FAQs (1)
What is Institutional Abuse in Australia?
Institutional abuse describes abuse that happens in a setting connected with an institution such as a school, church, club, children’s home, orphanage or similar organisation or by someone acting in an official role for that institution. The National Redress Scheme uses this concept when assessing eligibility for redress.
Do I have to choose between the National Redress Scheme and a civil claim?
In many cases you cannot both accept an offer under the National Redress Scheme and later bring a civil claim for the same abuse against the same institution. Acceptance of a redress offer usually involves a release of civil liability. It is important to get advice before making a final decision so that you understand the differences between redress and civil litigation in your situation.
Is there a time limit for Institutional Abuse claims?
Limitation periods for many child sexual abuse claims have been removed or extended in Australian jurisdictions yet some claims still have time limits depending on the type of abuse and the law that applies. The National Redress Scheme currently has an end date and there are deadlines for some state based schemes. When you contact us we will identify the time limits that apply to your circumstances and explain them clearly.
What if the institution no longer exists or has changed its structure?
After the Royal Commission governments introduced reforms to help survivors identify a proper defendant for civil claims, including measures to make unincorporated bodies such as churches “sueable” and to locate entities with assets. In some cases the National Redress Scheme or other schemes may also provide options where institutions no longer exist in their original form. We can help you work out who is now responsible and which pathway is open.
Can I still get advice if I did not tell anyone at the time?
Yes. Many survivors of institutional abuse do not disclose what happened until years or decades later. The fact that you did not report at the time does not prevent you from seeking legal advice now. We can talk with you about available evidence, reforms to limitation periods and the options that may still be open.