Written by: Julie Baqleh
When institutions entrusted with the care and protection of vulnerable individuals betray that trust, the consequences can be profound and lifelong. Institutional abuse represents a fundamental violation, one that strips survivors of their dignity, safety and wellbeing.
Whether the abuse occurred in childhood or as an adult, understanding what constitutes institutional abuse and knowing your legal rights are crucial first steps toward healing and accountability. This December 2025 guide explains the different forms of institutional abuse, where it commonly occurs, and the legal pathways available to survivors seeking redress and recognition for the harm they’ve endured.
What is institutional abuse?
Institutional abuse is mistreatment that happens inside organisations or facilities that are responsible for caring for, teaching, or supervising people. It happens when someone in a position of power—such as a staff member, officer, volunteer, or another resident—uses that power to harm a person who depends on the institution for support.
This abuse can be carried out by individuals, but it can also happen because of wider problems in the organisation. These problems include poor safeguarding procedures, not enough staff training, weak supervision, or a culture where protecting the institution’s reputation is seen as more important than keeping people safe.
Types of institutional abuse
| Physical abuse |
Includes actions that cause physical harm or unnecessary pain, such as:
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| Sexual abuse |
Any sexual activity or behaviour forced upon a person without consent, including:
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| Emotional and psychological abuse |
Behaviours that undermine a person’s dignity, mental wellbeing, or sense of safety, including:
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| Neglect |
Occurs when an institution fails to meet a person’s basic needs or provide necessary care. This may include a lack of:
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| Financial abuse |
The improper or illegal use of a person’s money or assets, such as:
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Institutional abuse is different from individual misconduct because it happens in settings where the organisation has a duty to protect vulnerable people. When an institution fails to prevent, recognise, or respond to abuse, it shares responsibility for the harm. This shared responsibility is called vicarious liability.
Where can institutional abuse occur?
Institutional abuse can occur in any setting where people rely on an organisation or authority figures for their safety and wellbeing. Common examples include:
| 1. Religious institutions | Churches, parishes, dioceses, and religious schools where clergy or leaders may misuse their authority. |
| 2. Educational settings | Government and private schools, boarding schools, special education facilities, childcare centres, and universities where teachers, coaches, or staff have access to children. |
| 3. Youth detention and juvenile justice centres | Facilities where young people in state care may be harmed by staff or other detainees, often made worse by poor supervision. |
| 4. Out-of-home care | Foster care placements, group homes, residential care settings, and other environments where children—including wards of the state—are placed for their protection but may experience further harm. |
| 5. Sporting organisations and clubs | Teams and clubs where coaches, officials, or volunteers can exploit their influence over young athletes. |
| 6. Healthcare facilities | Hospitals, psychiatric institutions, rehabilitation centres, and aged-care homes where residents or patients may face abuse or neglect. |
| 7. Disability services | Group homes, supported accommodation, and day programs, where people with disabilities are especially vulnerable due to reliance on carers. |
| 8. Scout and youth groups | Youth organisations, camps, and community programs where adults may have unsupervised access to children. |
This list is not exhaustive. Institutional abuse can occur anywhere vulnerable individuals are under the care, supervision, or authority of an organisation, particularly in environments where power imbalances exist and oversight is limited.
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How do I recognise institutional abuse?
Identifying institutional abuse can be challenging, particularly when it occurs behind closed doors or involves subtle forms of mistreatment. However, certain warning signs may indicate abuse or negligence is occurring within an institution, including child care negligence or aged care negligence:
- In children and young people: Unexplained injuries, sudden behavioural changes, fear of specific people or places, inappropriate sexual knowledge or behaviour, withdrawal from activities they once enjoyed, declining academic performance, or reluctance to return to the institution.
- In adults: Unexplained injuries or deteriorating health, withdrawal from social interaction, signs of depression or anxiety, sudden changes in financial circumstances, reluctance to speak freely in front of staff, or expressions of fear about returning to the facility.
- Institutional red flags: Inadequate staffing levels, high staff turnover, restricted or prohibited family visits, poor record-keeping, lack of privacy, absence of proper complaints procedures, or a culture where concerns are dismissed or minimised.
Abuse within institutions often thrives in environments where secrecy is maintained, complaints are discouraged, and those in positions of authority face no meaningful oversight. If you notice these patterns, they warrant serious concern and investigation.
Legal pathways for institutional abuse survivors
If you’ve experienced institutional abuse in Australia, the law provides two main pathways for seeking accountability and financial redress: the National Redress Scheme or making a civil compensation claim.
National Redress Scheme
| Details | Established in 2018, the National Redress Scheme provides acknowledgment and support to survivors of institutional child sexual abuse. The scheme offers a monetary payment (up to $150,000), access to counselling/psychological care, and, if requested, a direct personal response (e.g., apology) from the responsible institution. |
| Eligibility |
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| Payments |
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| Limitations |
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Civil compensation claims
| Details | A civil claim involves taking legal action against the institution and/or individual perpetrators responsible for your abuse. This pathway allows for individualised assessment of your circumstances and can result in significantly higher financial recovery than the National Redress Scheme. |
| Eligibility | Eligibility criteria vary by state, but generally include having suffered abuse linked to an institution and being able to show the institution breached its duty of care. |
| Advantages |
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In our experience representing institutional abuse survivors, civil claims consistently result in substantially higher compensation than the National Redress Scheme. More importantly, the civil process allows survivors to have their individual experiences properly heard and valued, rather than assessed against predetermined categories. The difference in outcomes—both financial and emotional—can be huge.
Case examples: Institutional abuse compensation outcomes
Understanding real outcomes from institutional abuse claims helps illustrate the range of compensation available and the types of circumstances courts and insurers consider when assessing claims.
| Case type | Key details | Compensation amount |
|---|---|---|
| Youth group sexual abuse | A survivor of historical child sexual abuse at a NSW youth group secured $435,000 in compensation after evidence confirmed significant long-term psychological injury, including PTSD and depressive disorder. | $435,000 |
| Religious institution abuse | A man abused by a priest during pastoral care visits in 1971 was awarded $230,000 by the Victorian Supreme Court, which found the Catholic Diocese of Ballarat vicariously liable. The settlement reflected decades of trauma, including complex PTSD, and his ongoing therapeutic needs. | $230,000 |
| Psychiatric facility assault | A young woman sexually assaulted by another patient while medicated in a NSW psychiatric ward received $115,000 in compensation, recognising the hospital’s failure to protect her under its duty of care. | $115,000 |
| Institutional sexual abuse in care | A man sexually abused by an officer during an extended stay at a NSW juvenile detention centre settled his claim for $315,000, reflecting the lifelong psychological impact of the abuse. | $315,000 |
These examples demonstrate that compensation amounts vary significantly based on factors including the severity and duration of abuse, the age at which it occurred, the impact on mental health and earning capacity, and the ongoing treatment needs of survivors.
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Time limits for institutional abuse claims
Following recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse, all Australian states and territories have removed or effectively eliminated limitation periods for civil claims relating to child sexual or serious physical abuse. This means survivors can now pursue compensation for abuse that occurred decades ago, regardless of when it happened.
The process of making an institutional abuse claim
If you are considering an institutional abuse claim, understanding the process can help reduce anxiety and empower you to make informed decisions. An elder abuse lawyer or a specialist institutional abuse lawyer can guide you through each stage, from assessing your case to pursuing compensation, whether through negotiation or litigation.
Key steps
- Initial consultation and case assessment: Discuss your experience with a lawyer, who will determine if you have a claim. We offer a free, no-obligation initial consultation.
- Evidence gathering: Your legal team collects medical records, institutional documents, witness statements, and other evidence to support your case.
- Expert reports: Medical and psychological experts evaluate the impact of abuse, helping establish harm and appropriate compensation.
- Notifying the institution: The institution is formally informed of your claim, usually involving their insurer.
- Negotiation and settlement: Most cases resolve through mediation, with your lawyer negotiating fair compensation.
- Litigation, if necessary: If a settlement isn’t reached, court proceedings may be required to hold the institution accountable and secure compensation.
