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Institutional abuse can be physical or psychological and can occur in various settings, including in foster care, day care, detention centres, religious institutions, nursing homes and psychiatric or mental health care facilities. If you’re a survivor of abuse, or aware of someone who may be suffering following abuse, know that the survivor deserves justice.
In this article, we’ll offer a guide to institutional abuse claims, including the eligibility criteria, claims process and the next steps to take if you’re considering filing a claim.
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Institutional abuse is a widely encompassing term that refers to an institution’s — emotional, physical, psychological, financial or verbal — abuse toward a person, whether child or adult. Abuse strips the person of their sovereignty, and may happen once, intermittently or consistently throughout someone’s lifetime. Specific examples of institutional abuse include:
Identifying warning signs in institutions can be difficult as abuse can and does occur subtly. With that said, inadequate staffing levels, a lack or complete prohibition of visitors and poor record-keeping are more overt, and should prompt immediate investigation and corrective action. If you’re a survivor of institutional abuse of any kind, it’s important to understand your rights and, if you choose, pursue compensation.
Institutional abuse can take place across various settings, including:
This isn’t an exhaustive list; ultimately, abuse can happen to people of all ages wherever they’ve put their trust and safety in the hands of an authority or institution.
While no amount of money will undo the abusive events, legal compensation is made available for survivors. Let’s consider two possible legal options: National Redress Scheme Claims and Civil claims. Note that the specific compensation you may be entitled to depends on your specific circumstances; for personalised legal advice and insights into your entitlements, consider booking a free, non-obligation consultation with one of our claims lawyers.
In 2018, the Australian Government established the National Redress Scheme to provide compensation (and redress in other forms) to those who have experienced institutional child sexual abuse.
In essence, the National Redress Scheme acknowledges that many children were sexually abused in Australian institutions and works to hold those institutions accountable. They then help those who experienced institutional child sexual abuse to receive paid-for counselling, a direct personal response/apology from the responsible institution and a redress payment.
The general eligibility criteria, as outlined on the National Redress Scheme’s website, are as follows:
There are exceptions to this criteria. The full list of exceptions can be found here or can be personally unpacked during your consultation with one of our claims lawyers.
A civil claim is where you sue the institution and/or offender responsible for the abuse. Most civil claims are resolved in a private settlement agreement wherein a neutral third-party mediator helps to facilitate a mutually agreeable settlement among the parties. There are instances where an agreement is unable to be reached through mediation and therefore requires litigation — the process of bringing your case before the Australian courts.
While your claims lawyer will advise you based on the specifics of your case, below are reasons why one legal pathway may be more situationally beneficial than the other. Limitations of the National Redress Scheme include:
Below are three reasons why filing a civil claim may be more beneficial than pursuing compensation through the National Redress Scheme.
A civil claim provides an opportunity to claim compensation for:
If you or someone you know has suffered institutional abuse of any kind, know that redress options are available. While the survivor will need to recount the events to their lawyer, and while we understand this can be extremely difficult, we’re here to listen to your experiences and help you seek justice.
We offer our clients our no-win, no-fee policy, meaning that you only pay if we’re successful with your case. Additionally, through this policy, we take on all the costs associated with your case, including court fees and evidence-related costs. That way, you can gain access to our expert legal services without the added stress of a personal financial burden.
Click here to book a free, non-obligation consultation, or call us on 1800 004 878.
In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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