Abuse And Institutional Accountability in Western Australia
Abuse And Institutional Accountability in Western Australia
If the abuse or harm you experienced happened in Western Australia the law that applies to your civil claim, redress options and many other entitlements will usually be WA law even if you now live somewhere else.
That can include
- historic child sexual abuse
- serious physical abuse
- psychological injury from institutional betrayal or cover ups
- some adult sexual assaults and serious assaults by people in positions of power
- technology facilitated abuse and other personal integrity violations
- abuse or harmful culture in Defence or other structured environments with a WA connection
This page gives a survivor focused overview of how abuse law works in Western Australia and how Donaldson Law approaches WA based matters. It is general information only. The right pathway for you depends on your history, health and goals.
Civil Abuse Claims in Western Australia
No Limitation Period for Child Sexual Abuse Actions
• the abuse occurred when you were under 18
• the injury results from child sexual abuse as that term is defined in the Act
This allows many adults who were sexually abused as children in WA to bring civil claims even if the abuse happened decades ago.
The reforms focus on child sexual abuse. Other categories of injury such as:
• serious physical abuse without a sexual element
• adult sexual assault
• other assault based injury
may still be subject to limitation rules.
If your circumstances do not fit squarely within a child sexual abuse action we will explain how WA limitation law applies so that timing does not become an unexpected barrier.
The Civil Liability Legislation Amendment (Child Sexual Abuse Actions) Act 2018 amended the Limitation Act, the Civil Liability Act 2002 (WA) and the Criminal Injuries Compensation Act 2003 (WA) to give effect to these changes.
Institutional Liability and Proper Defendants
Key features include:
• liability for the current office holder of an unincorporated institution for child sexual abuse causes of action
• provisions that make the assets of the institution or associated trusts available to meet judgments or settlements
• rules dealing with continuity where an institution has changed structure but is substantially the same organisation
• provisions about how prior compensation payments such as redress or ex gratia payments are taken into account in later civil child sexual abuse actions
These reforms are intended to prevent institutions in Western Australia from avoiding responsibility because they are unincorporated or because assets are held in trust. When we assess a WA claim we identify:
• which institution or group of institutions is responsible
• which office holder or entity can be named as defendant
• which pool of assets is realistically available if the claim succeeds
There is ongoing national debate about how institutional liability reforms interact with High Court decisions that narrowed common law vicarious liability for some non employees. Part of our role is to track those developments and advise you based on the law as it currently operates in Western Australia.
Previously Barred or Settled Claims
• previously barred causes of action
• previously settled causes of action
in the context of child sexual abuse actions. They interact with provisions about prior compensation payments under the Criminal Injuries Compensation Act 2003 and with section 15K of the Civil Liability Act which explains how earlier compensation or redress is to be treated when a later child sexual abuse action is brought.
Whether these provisions allow any meaningful reopening in your situation depends on the details of any previous settlement or scheme payment. We will review the documents and set out what is and is not legally possible rather than raising expectations that the legislation does not support.
Pre Litigation Procedures In WA
• the Civil Liability Act 2002 (WA)
• the Limitation Act 2005 (WA)
• the Rules of the Supreme Court or District Court and related practice notes alongside the specific child sexual abuse reforms described above
In practice this often involves:
• early gathering and review of records and other evidence
• detailed correspondence with institutions or their insurers
• informal or structured settlement processes before any trial is listed
These steps can be overwhelming when you live with trauma or chronic health issues. Our role is to manage the process and keep you informed so that you know what is happening and why without needing to decode every procedural document yourself.
Types Of Western Australian Matters We Act In
Within our abuse and institutional practice we commonly act in WA related matters involving
- Historic child sexual abuse in institutions
Abuse in WA schools, boarding facilities, residential and out of home care, religious institutions, youth programs and community organisations. - Adult survivors of childhood abuse
People who were abused as children in Western Australia and now live in Perth, regional WA, 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 where there is a clear duty of care and ongoing psychological injury. Limitation rules for these claims require careful analysis. - Abuse and harmful culture in Defence and Commonwealth settings
WA based postings, training or workplaces where bastardisation, sexual abuse, serious bullying or other harmful culture has caused injury. These matters often involve both WA law and Commonwealth frameworks which connect with our ADF Abuse and ADF Entitlements work. - Technology facilitated abuse and personal integrity violations
Image based abuse, unlawful recording, privacy breaches and other personal integrity violations with a WA link. 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 Western Australia have led to significant psychological injury and where Reparation Payments, criminal injuries compensation 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 WA law applies.
WA Government, Public Authorities And Model Litigant Expectations
Government Response To The Royal Commission
Western Australia has publicly committed to implementing the Royal Commission recommendations on civil litigation including
- lifting limitation periods for child sexual abuse actions
- addressing difficulties in identifying proper defendants
- reviewing model litigant approaches for abuse claims against government institutions
Most child sexual abuse litigation in Western Australia is dealt with in the District Court. Submissions to a 2023 WA parliamentary inquiry described mixed survivor experiences and raised concerns about delays, permanent stays and the way some institutions conduct litigation despite model litigant expectations.
When we act against WA government agencies we
- pay close attention to stated model litigant obligations
- note where conduct does not match those standards
- factor these realities into litigation strategy
You will not be left trying to interpret government behaviour on your own. We speak plainly about what we are seeing and what it means for your matter.
National Redress Scheme And Western Australia
Western Australia participates in the National Redress Scheme for Institutional Child Sexual Abuse through the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018 (WA). State institutions are covered and many non government institutions that operate in WA have also joined.
For a survivor considering options in Western Australia the real questions are usually
- is the institution connected with my abuse a participating institution
- do I have a viable civil child sexual abuse action under WA law that may provide a more tailored outcome than an NRS payment
- how would accepting an NRS offer interact with any current or future civil claim or with criminal injuries compensation
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 WA that choice sits against
- no limitation period for child sexual abuse actions
- institutional liability provisions in Part 2A of the Civil Liability Act
- interactions with the Criminal Injuries Compensation scheme and prior compensation provisions
We help you weigh those elements so that you do not give up civil rights without understanding the consequences.
How Donaldson Law Runs Western Australian 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 Western Australian institutions or abuse that occurred in WA.
In WA matters we
- apply the Limitation Act child sexual abuse reforms so that historic timing issues are properly understood
- use Part 2A of the Civil Liability Act to identify appropriate defendants and the assets available for judgments or settlements in child sexual abuse actions
- consider how prior compensation payments, criminal injuries compensation and any redress payments will be treated in a later civil claim under section 15K and related provisions
- factor in model litigant expectations and the practical realities described in recent inquiries when WA government agencies are involved
- integrate civil claims, National Redress, criminal injuries compensation, ADF entitlements, superannuation issues and personal integrity violations into a single coherent strategy
Most Western Australian work can be managed by phone, video and email. You do not need to be in WA or come into an office to start the process.
Speak With Us
Western Australian Abuse Law FAQs
If you experienced abuse, serious assault, harmful institutional culture or a personal integrity violation in Western Australia and you are unsure how the law applies you can contact us by phone, email or through our online form.
