VICTORIA
Abuse And Institutional Accountability In Victoria
VICTORIA
Abuse And Institutional Accountability In Victoria
If the abuse or harm you experienced happened in Victoria the law that applies to your civil claim, redress options and many other entitlements will usually be Victorian 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 a Victorian connection
This page gives a survivor focused overview of how abuse law works in Victoria and how Donaldson Law approaches Victorian matters. It is general information only. The right pathway for you depends on your own history, health and goals.
Civil Abuse Claims In Victoria
Removal of Time Limits for Child Abuse Claims
Victoria has removed the usual time limits for many civil claims involving child abuse. Amendments to the Limitation of Actions Act 1958 (Vic) mean there is no limitation period for actions relating to death or personal injury resulting from child abuse that occurred when you were a child.
For these reforms child abuse includes:
• child sexual abuse
• serious physical abuse
• psychological abuse connected with that physical or sexual abuse
For many adults who were abused as children in Victoria 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 time limits. If your situation does not fall squarely within the child abuse reforms we will explain how the Limitation of Actions Act applies so that timing does not become an unexpected barrier.
The Act also allows courts to set aside certain historical child abuse settlements and judgments made before 1 July 2015 where it is just and reasonable to do so.
For these reforms child abuse includes:
• child sexual abuse
• serious physical abuse
• psychological abuse connected with that physical or sexual abuse
For many adults who were abused as children in Victoria 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 time limits. If your situation does not fall squarely within the child abuse reforms we will explain how the Limitation of Actions Act applies so that timing does not become an unexpected barrier.
The Act also allows courts to set aside certain historical child abuse settlements and judgments made before 1 July 2015 where it is just and reasonable to do so.
Organisational Liability and Duty of Care
Victoria has created a statutory duty of care for organisations in relation to child abuse. Under Part XIII of the Wrongs Act 1958 (Vic) an organisation that has responsibility for a child owes a duty to take reasonable precautions to prevent child abuse by people associated with that organisation.
This:
• gives survivors a clear cause of action against organisations for sexual abuse and serious physical abuse of children in their care
• clarifies that organisations can be liable for abuse by employees and by people who are in a position akin to an employee such as some religious officials or volunteers
There is active discussion among courts and commentators about how this statutory duty sits alongside common law vicarious liability particularly after High Court decisions that narrowed liability for some non employees. Our job is to track those developments and advise you based on the law as it presently operates in Victoria not on how things used to be.
This:
• gives survivors a clear cause of action against organisations for sexual abuse and serious physical abuse of children in their care
• clarifies that organisations can be liable for abuse by employees and by people who are in a position akin to an employee such as some religious officials or volunteers
There is active discussion among courts and commentators about how this statutory duty sits alongside common law vicarious liability particularly after High Court decisions that narrowed liability for some non employees. Our job is to track those developments and advise you based on the law as it presently operates in Victoria not on how things used to be.
Suing Institutions and The “Ellis Defence”
Historically some survivors were blocked from suing churches or other unincorporated bodies because those organisations had no separate legal identity and no obvious defendant with assets. This became known as the “Ellis defence”.
Victoria responded with the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 (Vic) which:
• allows a court to appoint an appropriate associated trust or body corporate as the defendant for an unincorporated organisation
• prevents institutions from avoiding liability for child abuse purely because of their structure
When we assess Victorian claims we identify which entity or trust is the most appropriate defendant so that you are not blocked by technical structure issues.
Victoria responded with the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 (Vic) which:
• allows a court to appoint an appropriate associated trust or body corporate as the defendant for an unincorporated organisation
• prevents institutions from avoiding liability for child abuse purely because of their structure
When we assess Victorian claims we identify which entity or trust is the most appropriate defendant so that you are not blocked by technical structure issues.
Pre Litigation Procedures
There is no single pre court statute equivalent to Queensland’s PIPA. Abuse claims in Victoria are usually managed under:
• the Wrongs Act 1958 (Vic)
• the Limitation of Actions Act 1958 (Vic)
• the Supreme Court and County Court civil procedure rules
• practice notes and guidelines that encourage early disclosure and resolution in institutional abuse cases
In practice this often involves:
• gathering records and evidence at an early stage
• detailed correspondence with institutions or their insurers
• informal or structured settlement processes before a trial is listed
For survivors these steps can feel overwhelming. We manage the process and keep you informed so you know what is happening and why without needing to decode every procedural document yourself.
• the Wrongs Act 1958 (Vic)
• the Limitation of Actions Act 1958 (Vic)
• the Supreme Court and County Court civil procedure rules
• practice notes and guidelines that encourage early disclosure and resolution in institutional abuse cases
In practice this often involves:
• gathering records and evidence at an early stage
• detailed correspondence with institutions or their insurers
• informal or structured settlement processes before a trial is listed
For survivors these steps can feel overwhelming. We manage the process and keep you informed so you know what is happening and why without needing to decode every procedural document yourself.
Types Of Victorian Matters We Act In
Within our abuse and institutional practice we commonly act in Victorian matters involving:
- Historic child abuse in institutions
Sexual abuse, serious physical abuse and associated psychological injury in schools, boarding facilities, state care, out of home care, religious institutions, community organisations and youth programs. - Adult survivors of childhood abuse
People who were abused as children in Victoria and are now adults living in Victoria, interstate or overseas. Many are only now in a position to speak with a lawyer. - Some adult sexual assault and serious assault claims
Matters involving clear power imbalances or institutional responsibility such as assaults in medical, professional, corrective or care settings with ongoing psychological injury. - Abuse and harmful culture in Defence
Victorian based Defence service, training or postings where bastardisation, sexual abuse, serious bullying or other harmful culture has led to injury. These matters often connect with our ADF Abuse and ADF Entitlements work. - Technology facilitated abuse and personal integrity violations
Serious image based abuse, unlawful recording, privacy breaches and online harassment with a Victorian connection. These matters often intersect with our Personal Integrity Violations and Workplace Harassment and Discrimination services. - Extreme safety failures and reparation focused matters
Cases where Work Health and Safety failures, systemic neglect or major institutional failures in Victoria have caused significant psychological injury and where Reparation Payments, the Victorian 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 Victorian law applies.
Victorian Government, Public Entities And Model Litigant Obligations
Model Litigant Guidelines and Guiding Principles
When the State of Victoria or its agencies are parties to litigation they are required to comply with the Victorian Model Litigant Guidelines. The Victorian Government has also issued Common Guiding Principles for how departments should respond to civil claims involving allegations of child sexual abuse which sit alongside those guidelines.
Together they state that Victorian government agencies should:
• act fairly and consistently in litigation
• avoid unnecessary technical defences
• seek to reduce the trauma of civil child abuse claims for survivors
In practice some departments follow these principles better than others.
When we act against Victorian government agencies we use these standards as part of our strategy and we will keep you informed about whether the agency’s conduct is aligned with them.
Together they state that Victorian government agencies should:
• act fairly and consistently in litigation
• avoid unnecessary technical defences
• seek to reduce the trauma of civil child abuse claims for survivors
In practice some departments follow these principles better than others.
When we act against Victorian government agencies we use these standards as part of our strategy and we will keep you informed about whether the agency’s conduct is aligned with them.
Charter Of Human Rights and Responsibilities
Victoria has a Charter of Human Rights and Responsibilities Act 2006 (Vic) which requires public authorities such as Victorian government departments, certain statutory bodies and some service providers to:
• act compatibly with human rights
• give proper consideration to human rights when making decisions
For survivors this can be relevant where abuse or harmful decisions occurred in:
• child protection and out of home care systems
• youth detention and corrective services
• mental health or disability services run by or for the State
Charter arguments do not replace civil abuse claims yet they can provide additional tools for challenging ongoing harmful decisions or framing accountability in government settings. We will talk with you about whether the Charter adds anything practical in your case or whether civil, redress and complaint processes are more useful.
• act compatibly with human rights
• give proper consideration to human rights when making decisions
For survivors this can be relevant where abuse or harmful decisions occurred in:
• child protection and out of home care systems
• youth detention and corrective services
• mental health or disability services run by or for the State
Charter arguments do not replace civil abuse claims yet they can provide additional tools for challenging ongoing harmful decisions or framing accountability in government settings. We will talk with you about whether the Charter adds anything practical in your case or whether civil, redress and complaint processes are more useful.
National Redress Scheme and Victoria
The Victorian Government participates in the National Redress Scheme for institutional child sexual abuse and many Victorian non government institutions have also joined.
For a survivor considering options in Victoria the key questions are usually:
- is the institution connected with my abuse a participating institution in the Scheme
- do I have a viable civil claim under Victorian law that may provide a higher or more tailored outcome than an NRS payment
- how would accepting an NRS offer affect any current or future civil claim in Victoria
On our National Redress Scheme page we explain why we generally treat NRS as one tool rather than the automatic first choice particularly where a strong civil claim is available.
In Victoria that decision sits against the background of:
- no limitation period for child abuse claims
- a statutory organisational duty of care
- mechanisms to identify proper defendants and to set aside some historic settlements
We help you weigh those factors so that you do not give up civil rights without understanding the consequences.
Other Victorian Redress Initiatives
Alongside the National Redress Scheme the Victorian Government has developed specific redress programs for some groups who experienced historic institutional harm such as children in certain institutional settings before 1990 or people affected by forced adoption practices.
These schemes are separate from civil claims and from FAS. Each has its own eligibility rules and purpose. Where your history suggests that a Victorian redress scheme may apply we will explain how it fits with civil options and other entitlements.
How Donaldson Law Runs Victorian 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 Victorian institutions or abuse that occurred in Victoria.
In Victorian matters we:
- apply the Limitation of Actions Act child abuse reforms and the provisions that allow setting aside some historic settlements to your circumstances
- use the Wrongs Act organisational duty of care and the Legal Identity of Defendants framework to identify appropriate defendants and develop liability arguments
- factor in the Victorian Model Litigant Guidelines and Common Guiding Principles where government agencies are involved
- integrate civil claims, National Redress, the Financial Assistance Scheme, any ADF entitlements, superannuation and personal integrity issues into one coherent strategy
Most Victorian work can be done by phone, video and email. You do not need to live in Victoria or attend our office to start the process.
GOT A QUESTION?
Victorian Abuse Law FAQs
If you experienced abuse, serious assault, harmful institutional culture or a personal integrity violation in Victoria and you are unsure how the law applies you can contact us by phone, email or through our online form.
What if I live outside Victoria now 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 so Victorian law may still apply even if you now live interstate or overseas. We regularly act for clients in that position.
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 Victoria?
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 Financial Assistance 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 FAS, National Redress and civil claims interact in your circumstances so that you are not guessing.
Will suing a Victorian government agency be harder than suing a non government institution?
Government defendants have their own procedures and protections yet they are also subject to the Victorian Model Litigant Guidelines and the Common Guiding Principles for civil child abuse claims. 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.