ADF Servicemen & Women

ADF SERVICEMEN & WOMEN

ADF Abuse Lawyers for Current and Former Defence Members

ADF SERVICEMEN & WOMEN

ADF Abuse Lawyers for Current and Former Defence Members

Service in the Australian Defence Force is meant to be built on trust, discipline and looking after your mates. For many current and former Defence members that trust was broken through abuse, bullying or sexual harm that happened while they were serving, often when they were very young.

Over more than a decade the ADF and the Australian Government have acknowledged a long and shameful history of serious abuse in Defence and the devastating impact it has had on members and families. The Royal Commission into Defence and Veteran Suicide has again highlighted systemic cultural issues and the need for better accountability and support.

Donaldson Law has been at the forefront of this space since the early Defence Abuse Response Taskforce and Defence Abuse Reparation Scheme days. Founder Adair Donaldson and our team have represented hundreds of survivors of Defence abuse, written widely about Defence culture and worked closely with veterans’ organisations on reform and reparation.

We act for current and former ADF members who experienced:

  • sexual abuse or serious physical abuse while serving
  • hazing or violent “initiations”
  • serious bullying or harassment in training or on posting
  • abuse as minors in cadet programs or junior ranks
  • institutional failures to respond when abuse was reported

Most of our clients are now civilians. The abuse happened while they were in uniform or in Defence environments as teenagers or young adults. Many have carried those experiences for decades before speaking to a lawyer.

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Abuse And Reparation Pathways In Defence

The Defence Abuse Response Taskforce (DART) and later the Defence Abuse Reparation Scheme provided one-off reparation payments to people who experienced serious abuse in Defence before 30 June 2014.

The Commonwealth Ombudsman, through the Defence Force Ombudsman (DFO) function, then administered the Defence Abuse Reparation Scheme. This scheme allowed current and former members to report abuse in Defence and included an assessment for a reparation payment where the Ombudsman was satisfied that serious abuse had occurred before 30 June 2014.

The Reparation Scheme has now closed to new reports. The Ombudsman has confirmed that no new reparation applications can be made after 30 June 2023, although the DFO still has an abuse reporting function.

If you did not know about the scheme in time or did not feel ready to come forward before it closed, that does not mean you have no options. Other legal and support pathways may still be open.

We understand high performance systems, sporting governance and the additional pressures that come with competing at an elite level. Our team is recognised as a leading Australian firm in this space and we are regularly asked to advise on complex, multi party matters involving sporting bodies and regulators.

Civil Claims Against the Commonwealth

In many cases survivors of Defence abuse can bring civil claims against the Commonwealth for psychiatric injury, loss of income and other loss that flows from the abuse. These claims often sit alongside service-related entitlements through the Department of Veterans’ Affairs rather than replacing them.

The law in this area continues to evolve, including through reforms around institutional child abuse and the government’s response to the Defence and Veteran Suicide Royal Commission. We monitor those developments so that our advice reflects the current position rather than out-of-date practice.

DVA Compensation and ADF Entitlements

Many survivors of Defence abuse also have:

• accepted or potential claims under MRCA, DRCA or VEA for psychological injury and related conditions
• superannuation or invalidity issues connected with early discharge or medical separation

Those issues are covered in more detail in our ADF Entitlements, Superannuation Benefits and DVA Compensation pages. On this ADF abuse page we focus on the abuse itself and how it connects with those entitlements so that you can see the whole picture.

Types Of ADF Abuse Matters We Act In

Every Defence member’s story is different. There are however patterns we see again and again in the calls we receive and in official reports.

Abuse In Training Establishments
Many matters involve abuse in:

• recruit schools and initial training
• specialist training units
• the Australian Defence Force Academy

Survivors often describe cultures where physical assaults, sexualised behaviour and humiliating “pranks” were normalised and where speaking up meant risking career prospects or social isolation.
Abuse Of Young People and Cadets
Some clients were under 18 when they entered junior ranks or cadet programs. They describe abuse by instructors, senior cadets or adult staff in environments where supervision and safeguarding were inadequate.
Abuse On Posting or Deployment
Abuse also occurs on bases and deployments, including:

• sexual assault or harassment by colleagues or superiors
• ongoing bullying, ostracism or intimidation
• abuse in Defence accommodation or social settings

Fear of damaging careers, losing deployments or undermining unit cohesion means many incidents go unreported at the time.
Systemic Failures and Culture
A recurring theme is institutional failure to protect members even after reports were made. Survivors describe:

• complaints minimised or dismissed
• alleged abusers moved to other units or roles
• pressure to accept informal “resolutions”
• retaliation or career damage for those who spoke up

These systemic failures are central to how we frame legal claims and to any advocacy about broader reform.

How We Work with Current and Former ADF Members

When you contact us you do not need to have all your records or dates in front of you. You can start with:

  • your service branch and rough service dates
  • where you were when the abuse happened
  • whether you ever reported the abuse inside Defence or to anyone else

From there we:

  1. Listen to your story at a pace that feels manageable
  2. Identify the units, locations and Defence structures involved
  3. Request relevant Defence, DFO and DVA records where you give authority
  4. Check which legal and reparation pathways apply now that the Reparation Scheme has closed
  5. Consider how any DVA, superannuation or other entitlements interact with an abuse claim
  6. Give you clear advice about realistic options and likely ranges of outcomes
  7. Work with you to choose a path that reflects your safety, your health and your goals for life after service

You remain in control of whether you want to pursue a civil claim, make or update a complaint or focus on entitlements and treatment first. We will be honest with you about the benefits and limits of each option.

If at any point the process becomes overwhelming we can slow the pace, break tasks into smaller steps or pause while you access support such as Open Arms – Veterans & Families Counselling, which provides free and confidential counselling for current and former ADF members and families.

THE DL DIFFERENCE

Why Defence Members Choose Donaldson Law

Survivors of ADF abuse choose Donaldson Law because:

Donaldson Law has represented hundreds of ADF survivors over more than a decade and has been a consistent voice on Defence abuse and reparation in the media and veteran community.
We understand how the Defence Abuse Response Taskforce, Defence Abuse Reparation Scheme and Defence Force Ombudsman functions have operated over time and how the closure of the Reparation Scheme affects current options.
We look at your abuse experience alongside DVA compensation, rehabilitation and superannuation issues so that one process does not accidentally undermine another.
We pace meetings carefully, minimise unnecessary retelling and encourage support people. At the same time we drive matters forward with clear strategy and communication so that you are not left in limbo.
We act for Defence members and veterans from every State and Territory. You do not need to live near our office. Most initial work can happen by phone or video at times that fit around health, work and family.
We provide written costs information in plain language before you engage us then keep you updated as your matter progresses.
GOT A QUESTION?

ADF Abuse & Entitlements FAQs

If you are a current or former ADF member and you feel ready to talk about abuse or serious mistreatment that happened during your service you can contact us by phone, email or through our online form.

Abuse Law FAQs (1)
Is the Defence Abuse Reparation Scheme still open?
No. The Defence Abuse Reparation Scheme, administered through the Defence Force Ombudsman, has closed to new reports. The Ombudsman has confirmed that reparation recommendations apply only to reports made before 30 June 2023. You can still report abuse to the DFO for other purposes but you cannot start a new reparation claim under that scheme.
Can I still do anything if I missed the Reparation Scheme?
Yes. Even if you did not lodge a report before the Reparation Scheme closed you may still be able to bring a civil claim, pursue DVA compensation for service-related injury or illness and use other complaint or oversight bodies. We can talk through the options that fit your service history and type of abuse.
Is there a time limit for ADF abuse civil claims?
Time limits depend on the type of abuse, when it occurred and which law applies. Limitation periods for child sexual abuse have been removed or extended in many contexts yet other claims may still face time limits. We will identify the relevant rules for your situation and explain what they mean before you decide how to proceed.
Can you help with DVA and super at the same time as an abuse claim?
We routinely look at ADF abuse matters alongside DVA compensation, rehabilitation and superannuation issues. We will flag when a proposed step in one area might affect entitlements in another and we coordinate our approach with any DVA or superannuation specialists involved. Our separate ADF Entitlements pages explain those areas in more depth.
Will pursuing an abuse claim affect my current service or security clearance?
If you are still serving we will talk with you about possible impacts on your role, posting and clearance and about ways to manage that risk. In some cases we may suggest timing or process options that protect your position as much as possible while still moving your matter forward.