Can you claim compensation for institutional abuse in Australia?

Institutional abuse claims – your compensation guide.

If you experienced abuse in an institution, it can be difficult to know where to start, especially if it happened many years ago. You may not be sure what your options are, or whether it’s even possible to take action now.

In Australia, the law has changed significantly following the Royal Commission into Institutional Responses to Child Sexual Abuse. The Commission heard from more than 42,000 people through phone calls and received over 25,000 written accounts. It revealed abuse across thousands of institutions and showed that many survivors were failed by systems that were meant to protect them.

As a direct result, every state and territory removed time limits for many child abuse claims and introduced new pathways for compensation. Today, many survivors are able to seek compensation and hold institutions accountable, even if the abuse happened decades ago.

This guide explains how institutional abuse claims work, what compensation may be available, and how to take the next step when you feel ready.

What is institutional abuse?

Institutional abuse refers to harm that occurs in an organisation that had a responsibility to provide care and protection. This can include places such as:

• Schools and boarding schools
• Churches and religious organisations
• Foster care and orphanages
• Sporting clubs and community groups
• Youth detention centres or other government-run facilities
• Hospitals and psychiatric institutions 

Abuse may be sexual, severe physical or connected emotional harm. In many cases, it involves situations where an institution failed to prevent harm, ignored warning signs, or didn’t act when concerns were raised.

When is an institution legally responsible?

Even if the abuse was carried out by an individual (such as an employee, volunteer, or member), the institution itself can often be held legally responsible.

This is based on legal principles called vicarious liability and non-delegable duty of care, which means an organisation can be responsible for the actions of people working within it, especially where trust and authority were involved. Importantly, a claim may still be possible even if:

• The individual abuser can’t be located or identified
• The person has passed away
• The person has no financial means to pay compensation

In these situations, the focus shifts to the institution and its responsibility to protect those in its care.

Can you make a claim for historical abuse?

Yes, in many cases, you can. If the abuse occurred when you were under 18, you may still be able to seek compensation, no matter how long ago it happened.

Across Australia, time limits for civil claims relating to child abuse have largely been removed. This recognises that many survivors are not able to come forward until later in life.

Every situation is different, and there can still be legal considerations depending on the circumstances. But importantly, the passage of time alone does not prevent you from exploring your options.

What if you experienced abuse as an adult?

While law reform has mainly focused on childhood abuse, adults who experienced institutional abuse may also have legal options. The rules can be different depending on your situation, including time limits and eligibility. If you’re unsure where you stand, speaking with a specialist lawyer can help you understand what may be available to you.

What types of institutional abuse can you claim for?

Claims can arise from a range of different types of abuse. These include:

What compensation may be available to survivors?

If you’re eligible to make a claim, compensation is designed to recognise the impact the abuse has had on your life. Depending on your situation, this may include:

• Pain and suffering: A lump sum that reflects the injury: emotional and psychological impact of the abuse.
• Loss of income: If your ability to work has been affected, both in the past or into the future.
• Medical and psychological treatment: Costs for counselling, therapy, and other forms of support.
• Care and support needs: Assistance with daily living or long-term care where needed.

Every claim is different. A key part of the process is understanding how the abuse has affected you personally, so the full impact can be properly recognised.

Compensation guide (approximate figures):

In many cases, civil claims result in significantly higher compensation than the Redress Scheme, depending on the circumstances.

National Redress Scheme vs civil claim: what’s the difference?

There are generally two main pathways for institutional abuse compensation in Australia.

Important: Before accepting Redress

Accepting an offer under the National Redress Scheme permanently removes your right to pursue a civil compensation claim. This decision is legally binding and cannot be reversed. The Scheme also closes to new applications on 30 June 2027. Because of this, it’s important to understand your options fully before accepting any offer. Speaking with a specialist lawyer can help you make an informed decision.

National Redress Scheme

The National Redress Scheme provides:

• A monetary payment (capped and largely based on the “category” of abuse)
• Access to counselling
• A direct personal response or apology from the institution

It’s designed to be a more structured, non-court-based option. 

Civil compensation claim

A civil claim is a legal process where compensation is pursued through the courts or negotiated with the institution. This pathway may allow for:

• Higher compensation amounts (not capped)
• A broader range of damages (such as income loss, future care and treatment)
• A direct personal response or apology from the institution

The right option depends on your individual circumstances. Some people may choose redress, others a civil claim, and in some cases, both options are considered carefully before deciding.

What if I don’t have evidence or records?

This is one of the most common concerns people have, and it shouldn’t stop you from exploring your options. Your personal account is often the most important piece of evidence. The legal system recognises that records from many years ago may be incomplete, lost, or difficult to access. Other supporting evidence may include:

• Medical, hospital, or counselling records
• School, government, or institutional records
• Centrelink or social services records
• Statements from family or friends 
• Personal records such as photographs, letters or diary entries
• Police reports (if made)

Importantly:

• You don’t need to have reported the abuse to police
• The abuser does not need to have been charged or convicted

Get FREE claim advice today.

A specialist lawyer will review your circumstances and tell you how much you can claim.

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What does the abuse claim process involve?

While every situation is different, most claims follow a similar path. It usually begins with a confidential conversation with a trauma-informed, specialist lawyer, where you can share as much or as little as you feel comfortable. From there, your lawyer will help you understand whether you may have a claim and what your options are.

If you decide to proceed, the next steps often include:

• Collecting any available records or supporting evidence
• Gathering relevant information, such as medical or psychological reports
• Engaging appropriate experts where needed
  

Your legal team will then handle communication with the institution or their lawyer, working towards a fair outcome. Many matters resolve through negotiation, without the need for court.

Throughout the process, the focus will remain on supporting you and making things as straightforward as possible. We appreciate how difficult it is to come forward. At Law Partners, our aim is to ensure that every person who reaches out feels heard, respected and is carefully guided throughout every step of the process.

Do you have to go to court?

In most cases, no. Many institutional abuse claims are resolved through negotiation or settlement processes. This can help avoid the stress of formal court proceedings.

If court becomes necessary, you should be supported at every step by a legal team you trust, with clear explanations, preparation, and a focus on making the process feel manageable.

When should you speak to a lawyer?

There’s no “right” time, there’s only what feels right for you.

Some people seek advice early, while others take years before they feel ready to talk about what happened. Both choices are completely valid.

Speaking with a lawyer doesn’t mean you have to take action. It’s simply a way to understand your options and ask questions in a confidential, supportive setting.

No win, no fee:

At Law Partners:

• There are no upfront costs
• You don’t pay anything during the process
• If your claim is unsuccessful, you won’t be charged legal fees or the costs incurred in your case

We also offer a free, confidential consultation with no obligation to proceed. If you’d like to learn more about your options or how a claim works in your state, you can explore our institutional abuse services here.

Meet Sheree Buchanan & our institutional abuse team.

Our institutional abuse practice is led by Sheree Buchanan, Head of Abuse Law at Law Partners. Sheree has over a decade of experience in personal injury law, most of those years focused exclusively on supporting survivors of abuse.

She leads a dedicated team that takes a trauma-informed, compassionate approach to every matter, ensuring clients feel heard, supported, and respected at every step of the process. For Sheree and her team, it’s not just about legal outcomes. It’s about helping survivors move forward in a way that feels safe and empowering. Find out more about Sheree.

Survivors have been silenced for far too long. They deserve more than just legal representation, they deserve to be heard and supported. As a lawyer and a mother, I feel a deep responsibility to advocate for those who were failed by the very institutions meant to protect them.

Sheree Buchanan – Head of Abuse Law at Law Partners