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ADF abuse compensation: A guide to claiming

Members of the Australian Defence Force serve their country with honour and deserve safe, respectful working environments free from abuse and misconduct. Unfortunately, many current and former ADF personnel have experienced physical abuse, sexual assault, bullying, harassment, or other forms of mistreatment during their military service. If you’ve suffered abuse within the ADF, understanding your rights and the pathways available for seeking ADF abuse compensation is crucial to obtaining recognition, accountability, and financial recovery for the harm you’ve endured.

This December 2025 guide explains what constitutes unacceptable behaviour in the ADF, who can make an ADF abuse compensation claim, and the legal options available to military personnel and veterans seeking redress.

What is ADF abuse compensation?

ADF abuse compensation refers to financial redress available to current and former Australian Defence Force members who experienced abuse, assault, harassment, or other misconduct during their military service. This compensation sits under the broader category of institutional abuse, recognising the physical, psychological, and career impacts of abuse within military settings and aiming to provide financial support for recovery and ongoing needs.

Abuse within the ADF encompasses various forms of mistreatment by those in positions of authority, including:

  • Sexual assault and harassment
  • Physical violence and assault
  • Bullying and victimisation
  • Discrimination based on gender, sexuality, or other characteristics
  • Psychological abuse or manipulation.

The unique power structures and culture within military environments can make reporting difficult and enable abusive conduct to continue unchecked, compounding the harm suffered by victims.

Military compensation for abuse acknowledges that the ADF has a duty of care to protect personnel from foreseeable harm, and when this duty is breached, survivors are entitled to pursue financial recovery for the consequences they’ve experienced.

Background on ADF abuse and institutional responses

To place the following information in context, it’s important to understand the broader institutional history behind ADF abuse and how past failures have shaped today’s support and compensation pathways.

The Royal Commission into Institutional Responses to Child Sexual Abuse, along with other inquiries, exposed longstanding and systemic failures in how the ADF historically dealt with allegations of abuse. These investigations highlighted patterns of inadequate reporting processes, poor institutional responses, and a culture that often discouraged victims from coming forward.

In response to these findings, a series of reforms were introduced to improve accountability, reporting pathways, and survivor support. One significant initiative was the Defence Abuse Response Taskforce (DART), which operated from 2012 to 2016 to investigate allegations of abuse, provide restorative engagement conferences, and make reparation recommendations.

Current Defence support and complaint pathways

Although DART has now closed, current Defence support pathways remain available. Survivors can still engage with Defence through ongoing systems such as SeMPRO (Sexual Misconduct Prevention and Response Office), which provides confidential support, reporting options, and guidance for people affected by sexual misconduct connected to Defence.

If a survivor has concerns about how a complaint is handled, or experiences delays, procedural issues, or systemic problems, matters can also be escalated to the Defence Ombudsman. The Defence Ombudsman provides independent oversight of Defence processes and can investigate complaints about administrative handling, fairness, and decision-making.

Despite these reforms and current pathways, many survivors of past abuse continue to come forward—often decades after the events—seeking acknowledgment, accountability, and compensation for the harm they experienced.

Who can make an ADF compensation claim?

Any current or former member of the Australian Defence Force who experienced abuse during their service may be eligible to pursue ADF abuse compensation. This includes personnel across all service branches—Army, Navy, and Air Force—regardless of rank or role.

Eligible claimantsDetails
Current serving membersCurrent serving members can pursue abuse-related claims through pathways such as DVA compensation under the Military Rehabilitation and Compensation Act (MRCA) for those who served on or after 1 July 2004, or civil claims where applicable. Being in service does not limit your right to claim, although some members may have concerns about potential career implications.
Veterans and former personnelVeterans and former personnel can seek compensation for abuse that occurred during their service, regardless of how long ago it happened. While some schemes have time limits, reforms following the Royal Commission removed limitation periods for many abuse-related claims, particularly those involving sexual assault.
Trainees and recruitsTrainees and recruits—whether in initial entry training, ADFA, or recruit courses—have the same compensation rights as all other personnel. Abuse in training settings is often especially harmful due to power imbalances and the vulnerability of new entrants.
ReservistsReservists who experienced abuse while on duty or participating in Defence activities can access the same compensation options as full-time members, including DVA claims, Defence reparations, and civil avenues.

Legal insight

You can pursue a claim even if you did not report the abuse at the time, if no military investigation took place, or if perpetrators were not disciplined. Many survivors were unable to come forward when the abuse occurred due to fear of repercussions, lack of trust in reporting systems, or cultural barriers within military environments. These factors do not prevent you from seeking compensation today.

Types of abuse covered by military compensation

ADF abuse compensation claims can address various forms of mistreatment that occurred during military service. Understanding what constitutes compensable abuse helps you recognise whether your experiences qualify.

Sexual assault and harassment

Sexual abuse represents the most serious form of abuse within military settings. It includes:

  • Rape
  • Sexual assault
  • Unwanted touching
  • Sexual coercion.

Sexual harassment, including unwelcome sexual advances, requests for sexual favours, sexually suggestive comments, and creation of hostile sexual environments, also supports compensation claims.

The power dynamics within military structures, close living quarters, and cultural factors have historically enabled sexual misconduct while creating barriers to reporting. Survivors of sexual assault in the ADF often experience profound psychological trauma compounded by feelings of betrayal by the institution they served.

Physical abuse and assault

Physical violence by instructors, superiors, or fellow personnel that goes beyond legitimate training activities constitutes abuse. Compensable forms of harm include:

  • Excessive physical punishment
  • Assault under the guise of “discipline”
  • Violence during initiation rituals or hazing
  • Physical attacks by other personnel.

Military training involves physical demands and controlled exposure to stressful situations. But abuse occurs when this crosses into unjustified violence, punishment beyond acceptable bounds, or assaults that serve no legitimate training purpose.

Bullying and psychological abuse

Sustained bullying, intimidation, and psychological abuse cause serious harm even without physical violence. Other forms of psychological abuse include:

  • Targeted harassment
  • Humiliation
  • Isolation from peers
  • Threats
  • Constant criticism designed to demean rather than develop skills
  • Abuse of authority creating a hostile environment.

Military culture, emphasising toughness and hierarchy, can sometimes mask bullying as character building. However, sustained psychological abuse that damages mental health and wellbeing represents a breach of duty of care.

Discrimination and harassment

Discrimination or harassment based on protected characteristics, including gender, sexual orientation, race, or religion, creates toxic environments and causes measurable harm. This includes:

  • Denial of opportunities
  • Hostile treatment
  • Exclusion
  • Systemic disadvantage based on personal characteristics rather than merit or capability.

Key takeaway

Military compensation for abuse is not limited to criminal conduct. Even if the behaviour was never reported to the police, not prosecuted, or did not result in military discipline, you can still pursue a claim. Compensation is based on the fact that the conduct breached the ADF’s duty of care and caused you harm.

How the ADF abuse compensation process works

Understanding the pathway for pursuing military abuse claims helps you navigate what can feel like a complex process, particularly when dealing with a large government institution.

1. Seek immediate support

Before focusing on compensation, ensure you’re accessing appropriate support services.

Defence provides assistance through programs such as the Defence Member and Family Support (DMFS) service for practical support and Open Arms (formerly VVCS) for mental health support. These services are available regardless of whether you pursue compensation, and do not prejudice your legal rights.

Many survivors also benefit from connecting with independent advocacy or support organisations that understand military-specific challenges, such as veteran support groups, trauma-informed counselling services, or legal assistance services experienced in Defence-related matters.

2. Gather evidence and documentation

Building strong ADF compensation claims requires comprehensive evidence.

Evidence that can strengthen your case includes:

  • Service records documenting postings and dates of service
  • Medical records from Defence health services or civilian providers
  • Contemporaneous documents such as diaries, letters, or emails from the time
  • Reports made to the chain of command or military police
  • Witness statements from those who observed the abuse or its impacts
  • Psychological reports documenting trauma and ongoing mental health effects.

Even if you lack documentation, your testimony, supported with expert evidence about how trauma can affect memory and reporting, can still form a compelling claim. Many abuse survivors have fragmented memories or limited documentation due to the circumstances of their service and the trauma experienced.

3. Legal pathways for compensation

Your lawyer will advise which pathway best suits your circumstances based on factors including the nature and timing of abuse, your age when it occurred, and the impacts you’ve experienced.

Civil ClaimsCivil claims involve suing the Commonwealth for breach of duty of care, allowing individualised assessment of your circumstances and potentially resulting in compensation significantly higher than scheme payments.

Most ADF abuse compensation claims pursue this pathway, as it allows comprehensive consideration of all impacts on your life and career.
DVA Compensation

DVA compensation through the Department of Veterans’ Affairs may be available under the Military Rehabilitation and Compensation Act (MRCA) if the abuse caused a recognised mental health condition.

 

This pathway has specific eligibility criteria and focuses on ongoing service-related disability rather than providing compensation for abuse itself.

Legal perspective

In our experience, ADF abuse compensation claims generally achieve higher outcomes through civil claims than through DVA claims under the MRCA. Civil claims allow for an individualised assessment of your circumstances, taking into account the full impact of abuse on your life and military career. This includes lost advancement opportunities, premature discharge, and the profound breach of trust when abuse occurs within Defence. These factors cannot be fully captured under the more restrictive eligibility and assessment criteria of MRCA compensation.

4. Timeline and expectations

ADF abuse compensation claims typically take 18 to 36 months from engaging a lawyer to resolution, though more complex cases may take longer. The Commonwealth and its insurers handle Defence abuse claims, and their response times can vary depending on the complexity of the case and their assessment of liability.

Many cases settle through negotiation without the need for court proceedings, particularly when evidence clearly establishes that abuse occurred and caused measurable harm. However, the Commonwealth may sometimes defend vigorously, requiring thorough preparation and, in some instances, litigation to achieve a fair outcome.

Our institutional abuse lawyers have extensive experience navigating these claims, providing knowledgeable guidance and strong advocacy to help survivors achieve the best possible outcomes.

Get a free claim check

What if records are missing? You can still build a case

Many ADF abuse survivors worry they can’t pursue compensation because the incident was never formally reported, their Defence file is incomplete, or the abuse occurred decades ago. Missing records are common in these claims and do not prevent you from taking action.

Depending on your circumstances, evidence may still be obtained from sources such as:

  • Defence service records confirming postings, units, and periods of service
  • Medical, hospital, or GP records (Defence or civilian)
  • Freedom of Information (FOI) requests to Defence or other agencies
  • Witness statements from former colleagues, supervisors, friends, or family who observed the impact of the abuse
  • Personal records such as letters, diaries, emails, or messages from the time
  • Psychological reports and treating practitioner notes documenting trauma and its long-term effects.

An experienced lawyer plays a critical role in this process. We identify what records may exist, make the correct requests, and work with medical and psychological experts to piece together a clear timeline of events, even where official documentation is limited. Many successful ADF abuse claims are built on a combination of survivor testimony, expert evidence, and corroborating material rather than a single formal report.

What compensation can you receive?

ADF compensation amounts vary significantly based on the severity and duration of abuse, its impact on your mental health and career, and the economic and non-economic losses you’ve suffered.

Economic losses

Medical and treatment expenses
  • Past and future costs for psychological therapy
  • Psychiatric treatment
  • Trauma counselling
  • Any medical care needed to address physical injuries or ongoing mental health conditions resulting from abuse
Lost income and career impacts
  • Reduced advancement opportunities
  • Premature discharge from Defence
  • Inability to continue a military career due to trauma
  • Reduced earning capacity in civilian employment
  • Career limitations resulting from abuse impacts
Vocational rehabilitation
  • Retraining costs
  • Educational support
  • Assistance transitioning to civilian careers where abuse affected military service or career trajectory

Non-economic losses

Pain and suffering
  • Psychological trauma
  • Post-traumatic stress disorder
  • Depression
  • Anxiety
  • Ongoing mental health impacts of abuse during military service.
Loss of enjoyment of life
  • Reduced quality of life
  • Difficulty maintaining relationships
  • Inability to trust authority figures
  • Diminished capacity to participate in activities and experiences.
Betrayal of trust
  • Acknowledging the unique harm when abuse occurs within military institutions where you placed your trust, committed to service, and expected protection.

Get a free claim check

How much are ADF abuse compensation amounts?

Military compensation for abuse cases involving serious sexual assault or prolonged abuse typically settles for $200,000 to $600,000. Severe cases with catastrophic psychological impacts or where abuse forced premature career termination can exceed $800,000 to over $1 million. Less severe cases involving harassment or isolated incidents may settle for $200,000, depending on the impacts.

Next steps with GMP Law

At GMP Law, we offer No Win, No Fee representation, so you won’t pay legal fees unless your claim is successful. If you believe you’ve been affected by medical negligence, acting early can make a real difference.

Here’s how to get started:

Book a free consultation:

Reach out to schedule your no-obligation consultation with one of our experienced medical negligence lawyers.

Tell us your story:

Share your experience, including symptoms, treatment, and outcomes. We’ll listen carefully and help assess whether you have a viable claim.

We review your case:

Our legal team will access and analyse your medical records, seek expert opinions, and explain your legal options.

Proceed with confidence:

If we take on your case, it will be on a No Win, No Fee basis, ensuring peace of mind as we advocate for your rights.

Frequently asked questions about military abuse claims

  • Can I sue the ADF for abuse that happened years ago?

    Yes. You can pursue compensation for historical ADF abuse. After the Royal Commission, all Australian states removed time limits for child sexual abuse claims, and courts have become more willing to extend or disregard limitation periods in adult abuse cases, recognising that military culture, power imbalance, and trauma often prevented survivors from reporting earlier.

    While limitation periods still technically apply to some adult claims, courts frequently allow historical ADF matters to proceed, especially where institutional barriers or a culture of silence contributed to delayed reporting. Speaking with an ADF abuse compensation lawyer will help you understand how limitation rules apply to your circumstances.

  • Can I claim if I also receive DVA payments?

    Pursuing an ADF abuse compensation claim should not affect your current service standing, veteran entitlements, or access to Defence and DVA support services. You have a legal right to seek compensation separately from your service obligations or veteran benefits.

    While some personnel may worry about potential career repercussions, making a legitimate claim is a protected right. Your DVA pension or disability compensation operates independently from civil compensation claims.

    It’s important to consult a lawyer experienced in institutional abuse claims. They can protect your confidentiality and ensure your service record and entitlements remain uncompromised while pursuing your legitimate claim.

  • Will my claim be confidential?

    Your discussions with our lawyers are confidential and private, and you can explore your options without taking any formal steps. We understand the sensitivity of Defence service records and reputational concerns for both serving and ex-serving members, and we take care to limit disclosure to what is necessary if a claim proceeds. While no lawyer can control all outcomes, your privacy is treated as a priority at every stage of the process.

  • Does hazing or bastardisation count as abuse for compensation claims?

    Yes. Hazing, bastardisation, and initiation rituals can form the basis of a compensation claim where the conduct caused physical or psychological injury, and the Australian Defence Force failed to prevent it, stop it, or respond appropriately.

    Even where such behaviour was once minimised or treated as “tradition,” the Commonwealth can be held liable if it breached its duty of care to protect service members from foreseeable harm.

  • What if the perpetrator is deceased or unknown?

    You can still pursue a compensation claim even if the individual responsible has died or cannot be identified. In hazing, bastardisation, and initiation ritual cases, claims are typically brought against the Commonwealth, not the individual perpetrator. The focus is on whether Defence failed in its duty of care to prevent or properly respond to the conduct, rather than on prosecuting a specific person.

  • Does the Commonwealth usually settle, or do cases go to court?

    Many ADF abuse and hazing claims resolve through negotiated settlement without the need for a court hearing, particularly where evidence establishes that the abuse occurred and caused harm. However, some cases are defended and may proceed to litigation if liability or causation is disputed. An experienced lawyer prepares every claim as if it may go to court, which strengthens your position during settlement negotiations.

  • What if I didn't report the abuse when it happened?

    You can still pursue military compensation for abuse, even if no official reports were made at the time. Courts and tribunals recognise that military culture, power imbalances, fear of repercussions, and a lack of trust in reporting systems often prevented survivors from coming forward.

    Trauma can also affect memory and disclosure, meaning many survivors are unable to process or discuss abuse until years later. Your testimony, combined with expert evidence on delayed reporting and the impacts of trauma, can form a compelling claim even without contemporaneous records.

    In fact, many successful ADF abuse compensation claims involve historical abuse that was never reported when it occurred.

  • How much will legal representation cost?

    Most ADF abuse compensation lawyers, including our team at GMP Law, work on a No Win No Fee basis, meaning you pay no legal fees unless your claim succeeds. This arrangement makes justice accessible regardless of your financial circumstances and ensures your lawyer is motivated to achieve the best possible outcome.

    Legal fees are typically deducted from any compensation you receive as a percentage, with the specific arrangements explained clearly before you engage representation. Initial consultations are usually free, allowing you to understand your options without financial commitment.

About the Author

Julie Baqleh

Partner

Julie Baqleh is a skilled personal injury lawyer with 22+ years' experience. She's a problem solver who gets results for clients facing complex legal challenges. She specialises in Medical Negligence and Institutional Abuse law.

Learn more about Julie Baqleh

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