Australian Capital Territory (ACT)
Abuse And Institutional Accountability In The ACT
Australian Capital Territory (ACT)
Abuse And Institutional Accountability In The ACT
If the abuse or harm you experienced happened in the Australian Capital Territory the law that applies to your civil claim, redress options and many other entitlements will usually be ACT law even if you now live somewhere else.
That can include
- historic child sexual abuse
- serious physical abuse
- psychological injury from institutional betrayal and cover ups
- some adult sexual assaults and serious assaults by people in positions of power
- technology facilitated abuse and other personal integrity violations
- abuse and harmful culture in Defence or other structured environments with an ACT connection
This page gives a survivor focused overview of how abuse law works in the ACT and how Donaldson Law approaches ACT based matters. It is general information only. The right pathway for you depends on your own history, health and goals.
Civil Abuse Claims in the ACT
No Limitation Period for Child Abuse Claims
The ACT has removed the usual time limits for many civil claims involving child abuse. Division 2.2A of the Limitation Act 1985 (ACT) creates a “no limitation period” rule for actions relating to injury resulting from child abuse.
The legislation links the term child abuse to the Civil Law (Wrongs) Act 2002 (ACT) where child abuse is defined to include both physical abuse and sexual abuse of a child.
For many adults who were abused as children in the ACT this means you can bring a civil claim even if the abuse happened decades ago.
Other types of injury such as some adult assaults, workplace incidents and pure economic loss can still be subject to strict time limits. If your situation does not fall squarely within the child abuse reforms we will explain how ACT limitation rules apply so that timing does not become an unexpected barrier.
The legislation links the term child abuse to the Civil Law (Wrongs) Act 2002 (ACT) where child abuse is defined to include both physical abuse and sexual abuse of a child.
For many adults who were abused as children in the ACT this means you can bring a civil claim even if the abuse happened decades ago.
Other types of injury such as some adult assaults, workplace incidents and pure economic loss can still be subject to strict time limits. If your situation does not fall squarely within the child abuse reforms we will explain how ACT limitation rules apply so that timing does not become an unexpected barrier.
Institutional Child Abuse and Proper Defendants
Following the Royal Commission the ACT introduced Chapter 8A – Institutional Child Abuse into the Civil Law (Wrongs) Act 2002 (ACT) through the Civil Law (Wrongs) (Child Abuse Claims Against Unincorporated Bodies) Amendment Act 2018.
Key features include:
• definitions of child abuse and child abuse claims that cover physical and sexual abuse of children
• provisions dealing with unincorporated bodies such as some churches and community organisations
• a mechanism for unincorporated bodies to nominate a defendant that can be sued in child abuse claims
• powers for the court to appoint an associated trust or entity as defendant if the organisation does not nominate one
• confirmation that trustees and nominated defendants can rely on any defences and immunities the institution has
Together these changes are designed to end the use of the “Ellis defence”, where institutions tried to avoid responsibility by pointing to their structure rather than dealing with the substance of the claim.
When we assess ACT claims we identify the most appropriate defendant and consider whether any related trusts or entities should be brought into the proceeding so that structure does not become an artificial barrier.
Key features include:
• definitions of child abuse and child abuse claims that cover physical and sexual abuse of children
• provisions dealing with unincorporated bodies such as some churches and community organisations
• a mechanism for unincorporated bodies to nominate a defendant that can be sued in child abuse claims
• powers for the court to appoint an associated trust or entity as defendant if the organisation does not nominate one
• confirmation that trustees and nominated defendants can rely on any defences and immunities the institution has
Together these changes are designed to end the use of the “Ellis defence”, where institutions tried to avoid responsibility by pointing to their structure rather than dealing with the substance of the claim.
When we assess ACT claims we identify the most appropriate defendant and consider whether any related trusts or entities should be brought into the proceeding so that structure does not become an artificial barrier.
Setting Aside Unfair Historic Settlements
Some survivors of ACT based abuse entered into low or unfair settlements at a time when limitation rules and institutional defences were heavily stacked against them.
Amendments to the Civil Law (Wrongs) Act 2002 (ACT) created Part 8A.3 – Institutional Child Abuse – Setting Aside Abuse Settlement Agreements which gives courts power in defined circumstances to set aside
• prior abuse settlement agreements
• associated releases or judgments
where this is just and reasonable.
If you previously settled a claim connected with ACT abuse and you are concerned that the outcome was unfair we can review the documents and explain whether these provisions may offer a way to revisit that outcome.
Amendments to the Civil Law (Wrongs) Act 2002 (ACT) created Part 8A.3 – Institutional Child Abuse – Setting Aside Abuse Settlement Agreements which gives courts power in defined circumstances to set aside
• prior abuse settlement agreements
• associated releases or judgments
where this is just and reasonable.
If you previously settled a claim connected with ACT abuse and you are concerned that the outcome was unfair we can review the documents and explain whether these provisions may offer a way to revisit that outcome.
Pre Litigation Procedures
The ACT does not have a single pre court statute like Queensland’s PIPA. Abuse claims are usually managed under
• the Civil Law (Wrongs) Act 2002 (ACT)
• the Court Procedure Rules and practice notes of the ACT courts
• reforms flowing from the Royal Commission that emphasise early disclosure and fairer processes for survivors
In practice this often involves:
• careful early gathering of records and other evidence
• detailed correspondence with institutions or their insurers
• informal or structured settlement discussions before a hearing is listed
These steps can be overwhelming when you live with trauma or chronic illness. We manage the process and keep you informed in plain language so you are not trying to decode procedural documents on your own.
• the Civil Law (Wrongs) Act 2002 (ACT)
• the Court Procedure Rules and practice notes of the ACT courts
• reforms flowing from the Royal Commission that emphasise early disclosure and fairer processes for survivors
In practice this often involves:
• careful early gathering of records and other evidence
• detailed correspondence with institutions or their insurers
• informal or structured settlement discussions before a hearing is listed
These steps can be overwhelming when you live with trauma or chronic illness. We manage the process and keep you informed in plain language so you are not trying to decode procedural documents on your own.
Types Of ACT Matters We Act In
Within our abuse and institutional practice we commonly act in ACT related matters involving
- Historic child abuse in institutions
Sexual abuse, serious physical abuse and associated psychological injury in ACT schools, boarding facilities, out of home care, religious institutions, youth programs and community organisations. - Adult survivors of childhood abuse
People who were abused as children in the ACT and are now adults living in Canberra, interstate or overseas. Many are only now in a position to speak with a lawyer. - Some adult sexual assault and serious assault claims
Serious assaults in professional, care or institutional settings with ongoing psychological injury and a clear duty of care. - Abuse and harmful culture in Defence and Commonwealth settings
ACT based postings, training or workplaces where bastardisation, sexual abuse, serious bullying or other harmful culture has caused injury. Many of these matters involve both ACT frameworks and Commonwealth responsibilities. - Technology facilitated abuse and personal integrity violations
Image based abuse, unlawful recording, privacy breaches and other personal integrity violations with an ACT link. These matters often intersect with our Personal Integrity Violations and Workplace Harassment and Discrimination work. - Extreme safety failures and reparation focused matters
Cases where Work Health and Safety failures, systemic neglect or major institutional failures in the ACT have led to significant psychological injury and where Reparation Payments, the ACT victims financial assistance scheme and civil claims all need to be considered together.
If your experience does not fit neatly into one of these categories that does not automatically mean there is no claim. It simply means we need to look more closely at who owed you a duty of care, what went wrong and how ACT law applies.
ACT Government, Public Authorities and Human Rights
Human Rights Act 2004 (ACT)
The Human Rights Act 2004 (ACT) places obligations on public authorities including ACT government directorates, public schools, ACT Policing, corrective services, many health services and organisations doing work for government.
Public authorities must
act consistently with human rights
give proper consideration to relevant human rights when making decisions
If you experienced abuse or harmful decisions in
ACT child protection or out of home care
youth detention or corrective services
ACT funded health or community services
human rights arguments or complaints may sometimes add tools alongside civil claims and other processes. We will talk with you about whether the Human Rights Act has anything practical to offer in your case or whether other pathways are more useful.
Public authorities must
act consistently with human rights
give proper consideration to relevant human rights when making decisions
If you experienced abuse or harmful decisions in
ACT child protection or out of home care
youth detention or corrective services
ACT funded health or community services
human rights arguments or complaints may sometimes add tools alongside civil claims and other processes. We will talk with you about whether the Human Rights Act has anything practical to offer in your case or whether other pathways are more useful.
Model Litigant Expectations
The ACT has Model Litigant Guidelines which sit within broader common law expectations about government conduct in litigation. They require ACT government agencies to act fairly, consistently and with proper regard to the power imbalance between the State and individual litigants.
Reality on the ground can be mixed. When we act against ACT government agencies we factor these guidelines into our strategy and we keep you informed about whether the agency’s behaviour is matching those standards.
Reality on the ground can be mixed. When we act against ACT government agencies we factor these guidelines into our strategy and we keep you informed about whether the agency’s behaviour is matching those standards.
National Redress Scheme and the ACT
The ACT government was one of the first jurisdictions to opt into the National Redress Scheme for institutional child sexual abuse and many ACT based non government institutions have also joined.
For a survivor considering options in the ACT the main questions are usually
- is the institution connected with my abuse a participating institution
- if I have a viable civil claim under ACT law will a redress payment be an appropriate outcome or a last resort
- how would accepting an NRS offer affect any current or potential civil claim
On our National Redress Scheme page we explain why we usually treat NRS as one tool rather than the automatic first choice particularly where a strong civil claim exists.
In the ACT that choice sits against
- no limitation period for child abuse claims
- institutional child abuse provisions in the Civil Law (Wrongs) Act
- laws that allow some historic settlements to be set aside
We help you weigh these elements so you do not give up civil rights without understanding the consequences.
How Donaldson Law Runs ACT Abuse Matters
Donaldson Law is based in Queensland yet our practice and our clients are national. Many of the civil abuse claims we run involve ACT institutions or abuse that occurred in or around Canberra.
In ACT matters we
- apply the Limitation Act child abuse reforms so that historic timing issues are properly understood
- use the Civil Law (Wrongs) Act institutional child abuse provisions to identify appropriate defendants, including unincorporated bodies and related trusts
- consider whether any historic settlement can be revisited under Part 8A.3 where that is a live issue
- factor in ACT Model Litigant expectations and Human Rights Act obligations when public authorities are involved
- integrate civil claims, National Redress, the ACT victims financial assistance scheme, any ADF entitlements, superannuation and personal integrity issues into a single coherent strategy
Most ACT work can be done by phone, video and email. You do not need to live in Canberra or attend our office in person to start the process.
GOT A QUESTION?
ACT Abuse Law FAQs
If you experienced abuse, serious assault, harmful institutional culture or a personal integrity violation in the ACT and you are unsure how the law applies you can contact us by phone, email or through our online form.
What if I now live outside the ACT but the abuse happened there?
That is very common. In many cases the law that matters is the law of the place where the abuse occurred which means ACT law may still apply even if you now live interstate or overseas. We regularly act for clients in that position and handle ACT specific procedures for them.
Does the removal of time limits mean my historic claim will automatically succeed?
No. Abolishing limitation periods means the court can hear your claim without stopping it simply because of delay. You still need evidence that the abuse occurred, that a person or organisation is legally responsible and that the abuse caused you harm. We will be honest with you about both strengths and gaps in your case.
Can I bring a claim for serious abuse that happened when I was an adult in the ACT?
Sometimes yes. The child abuse reforms focus on abuse that happened when you were under 18 yet there can still be civil options for some adult sexual assaults, serious assaults and personal integrity violations especially where there was a clear power imbalance or institutional responsibility. Limitation issues are more complex for adult claims so it is important to get advice as soon as you feel able.
Do I have to choose between the ACT Victims of Crime scheme, National Redress and a civil claim?
In some situations you can access more than one pathway. In others a payment under one scheme may reduce or limit what you can obtain under another. Before you make any final decision we will explain how the ACT financial assistance scheme, National Redress and civil claims interact in your circumstances so that you are not guessing.
Is suing an ACT government agency harder than suing a non government institution?
Government defendants do have their own procedures and protections yet they are also subject to Model Litigant expectations and Human Rights Act obligations. In practice some agencies follow those standards more closely than others. We factor that reality into strategy and keep you informed about what to expect.