Religious Institutions

RELIGIOUS INSTITUTIONS

Religious Institution Abuse Lawyers For Church And Faith Based Abuse

RELIGIOUS INSTITUTIONS

Religious Institution Abuse Lawyers For Church And Faith Based Abuse

For many people religious institutions shape childhood, family life and community. The Royal Commission found that religious institutions were also the setting for some of the most extensive and damaging child sexual abuse in Australia’s history.

Donaldson Law acts for survivors of abuse connected with:

  • Catholic Church parishes, schools and religious orders
  • Anglican, Uniting, Presbyterian and other Christian denominations
  • Jehovah’s Witnesses and other faith communities
  • Salvation Army institutions and youth programs
  • missions and other faith based programs

Most of our clients are now adults. The abuse happened when they were children or teenagers. Many had deep trust in their church or religious community which adds another layer to the harm they experienced.

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Abuse In Religious Institutions and Your Legal Rights

The Royal Commission’s work on religious institutions documented thousands of allegations across multiple denominations as well as systemic failures in how churches responded.

Legal developments since then have included:

  • laws to overcome technical barriers such as the “Ellis defence” which previously made it hard to sue some church entities
  • reforms to allow claimants to identify a defendant with assets for unincorporated religious bodies
  • evolving case law about vicarious liability for abuse by priests and religious leaders

Depending on your situation possible pathways may include:

  • a civil claim against church authorities or related entities
  • applications to the National Redress Scheme where the religious institution has joined
  • participation in internal redress, apology or restorative programs operated by some churches
  • engagement with complaints bodies or professional standards offices within denominations

Each denomination has its own structures, insurers and historical responses to abuse. We help you understand how these pieces fit together in your case.

Common Religious Institution Abuse Patterns We See

Survivors of religious abuse describe a range of patterns that Royal Commission case studies also identified.

These include:

  • abuse by priests, ministers, religious brothers and sisters or lay leaders who held spiritual authority
  • abuse in church run schools, boarding facilities, orphanages and residential homes
  • pressure to stay silent for fear of spiritual consequences or ostracism
  • failures by church leaders to act on complaints or to remove known offenders
  • movements of alleged abusers between parishes, schools or ministries rather than reporting to police

These failures often form an important part of civil claims and may influence National Redress Scheme assessments or church based redress outcomes.

Types Of Religious Settings We Commonly Act In

Our religious institution work spans:

  • parish and diocesan settings
  • religious order schools and ministries
  • church run children’s homes and missions
  • youth groups and faith based community programs

Royal Commission case studies examined Catholic, Anglican, Jehovah’s Witnesses and other church responses across Australia and highlighted the need for ongoing reform in safeguarding and complaint handling.

We draw on this material as part of our strategic approach to your matter.

Why Survivors Of Religious Abuse Choose Donaldson Law

Survivors of religious institution abuse choose Donaldson Law because:

Specialist institutional abuse practice
We focus on abuse law, institutional accountability and redress rather than general commercial or parish work for churches.
Understanding of church structures and reforms
We keep across legislative changes about “sueable entities” for churches, recent appellate decisions on vicarious liability and developments in church redress schemes.
Respect for faith and identity
Some survivors retain their faith. Others do not. We do not assume one path. We respect the complexity of how religious identity and trauma intersect.
Trauma informed practice
We understand that spiritual betrayal can deepen the impact of abuse. We plan our communication carefully and avoid language that mirrors past coercive dynamics.
Team based support and clear communication
You have a lead lawyer plus a small team who know your matter. We explain each step in clear language and keep you updated.

◈ Other 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

How We Work With Survivors Of Religious Institution Abuse

When you contact us you can share as much or as little detail as feels safe. We will ask about:

  • the denomination or faith community
  • where the abuse occurred such as parish, school or home
  • who you reported to, if anyone, and what happened

We then:

  • Identify the relevant diocesan or organisational structure
  • Confirm National Redress Scheme participation and any internal redress options
  • Assess potential civil claims including limitation and liability issues
  • Explain the advantages and limits of each pathway
  • Work with you to choose a strategy that reflects your safety, values and goals

You decide whether to pursue civil litigation, redress or restorative options or a combination over time.

GOT A QUESTION?

Religious Institutional Abuse FAQs

Speak With Our Religious Institution Abuse Team

If you experienced abuse connected with a church or other religious institution and you feel ready to talk you can contact us by phone, email or through our online form.

Abuse Law FAQs (1)
Can I bring a claim against the church if the abuser has died?
Yes. Many claims proceed against church authorities even when the individual abuser has died. The focus is on the institution’s responsibility and on the impact of the abuse. Evidence can come from records, prior complaints and other sources.
What is the Ellis defence and does it still apply?
The “Ellis defence” was a technical argument used by some Catholic authorities that claimed there was no legal entity to sue for the actions of priests. Law reform in several jurisdictions has been designed to overcome this barrier and to require churches to nominate a proper defendant with assets.
Do religious institutions participate in the National Redress Scheme?
Many churches and religious organisations have joined the National Redress Scheme as participating institutions or through funder of last resort arrangements. Participation is not universal. We will check current listings for the institution involved in your matter.