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Institutional Abuse Lawyers

Overview

Our institutional abuse law services

If you or someone you know has been affected by institutional abuse, contact the lawyers at Gerard Malouf & Partners. We have the skill and experience required to bring justice to you and your loved ones who have suffered sexual abuse or physical abuse under the aegis of an institution.

Our lawyers make it their top priority to ensure that justice is served, in any case, and that you or others close to you walk away from a dispute with adequate compensation for the suffering that you have endured. For institutional abuse brought to our attention by the parent of a child, guardian of a vulnerable adult or contact person for a vulnerable adult, we may be able to heighten your chances of a successful claim.

What is institutional abuse and where does it occur?

Institutional abuse occurs within an institution or other system of power where harm is committed to those in the care of that institution or system. Some examples of places where institutional abuse can happen against children are:

  • At school.
  • In group homes.
  • At daycare facilities.
  • Within the foster care system.
  • In organised sports and clubs, such as Scouts.

And for vulnerable adults, like senior citizens, institutional abuse can happen in:

  • Hospitals.
  • Retirement and nursing homes.
  • Religious institutions.
  • Other care or in-patient facilities.

However, institutional abuse can also occur within the home in cases of neglect, physical or sexual abuse against children and vulnerable adults as well. Someone affected might have experienced:

  • Physical abuse.
  • Sexual assualt and abuse.
  • Physiological and emotional abuse.
  • Discriminatory abuse.
  • Verbal abuse.
  • Neglect.
  • Financial abuse.

Any form of physical or emotional harm can have long lasting, negative and permanently damaging effects — especially on an individual’s mental health. You have a right to be compensated for your pain and suffering, loss and psychological damage. Engaging a professional institutional abuse lawyer who is well versed in abuse law and the newly enacted National Redress Scheme may increase your chances of winning the case.

Process

Reporting institutional abuse and filing a sexual abuse compensation claim

In cases of recent institutional abuse, reporting the incident to the police should be your first step. Emergency services will make sure that you’re safe and that you receive proper medical and psychological care as soon as possible.

However, as per the National Redress Scheme, enacted in 2018, survivors of historical institutional abuse are also eligible to file. 

When you decide to involve a lawyer, you’ll be required to discuss your experience, albeit in a safe space. We know that this can be a hard thing to do, but rest assured it is to provide you with the best support that we can. The more information you are able to provide, the better chance we will have at winning your case and delivering justice. Your lawyer will then make sure that you are aware of all your options, make thoughtful recommendations and walk you through any legal processes that may need your attention.

Survivors of child abuse or sexual assault may file either:

  1. A civil abuse compensation claim.

or

  1. A National Redress Scheme claim.

What is the National Redress Scheme?

This organisation offers support to those who have experienced institutional child sexual abuse. They stand to:

  • Acknowledge that many children were sexually abused in Australian institutions.
  • Hold institutions accountable for this abuse.
  • Help people who have experienced institutional child sexual abuse gain access to counselling, a direct personal response and a Redress payment.

Survivors who have already accepted a Redress payment are no longer eligible to file a civil claim.

What is a civil claim?

Most commonly, claims made in relation to money, debts and physical damages fall under the civil umbrella. What’s important to note is that civil claims can provide compensation for injuries, including physiological damage.

The filing process for each claim type is different and can be hard to understand if you tackle the legal process on your own. Gerard Malouf & Partners’ experienced institutional abuse lawyers can help you discern what each route means and assist you in making the right decision.

Claims typically take up to 14 months to reach a settlement agreement, and may take an additional six months if the case goes to court.

The National Redress Scheme offers monetary payouts of up to $150,000, with the average being $80,000. Through the Redress Scheme, this amount does not include compensation for economic or non-economic loss. Rather, its to address and attest to the impact that institutional child sexual abuse has had on survivors.

Your abuse law solicitors can and will support you

Your lawyers will work quickly and with discretion to provide you with the best possible advice on how to move forward with your claim. Understanding when to file, learning what types of compensation are available for your claim and what that compensation should cover will be part of the discussion.

We want to make sure that the process is as straightforward and stress free as possible. There are many physical, physiological and emotional hardships that come with such harsh cases, and we are empathetic to that.

Gerard Malouf & Partners

Gerard Malouf & Partners are your institutional abuse lawyers

Gerard Malouf & Partners’ offers no-obligation legal advice and a No-win, No-fee policy to ensure that you get the level of legal care that you deserve. Accessibility is important to us, too, which is why we offer both in-person or over-the-phone consultations. 

Are you still unsure about your eligibility regarding an institutional abuse related claim, or just prefer to speak with someone directly? Don’t hesitate to give us a call — we are happy to support you by providing important and relevant information related to your inquiry.

For further information and advice on sexual abuse, child abuse, institutional abuse and the abuse claim process, visit our website or get in touch with a lawyer today.

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Our Promise To You

Our Difficult Case Policy

At Gerard Malouf & Partners we have introduced a policy that if any case appears to be overly difficult or unlikely to obtain a good result for the client our lawyers must bring it to the attention of the management team via a detailed pro forms explanation early and then our management team will take all steps possible to ensure it is successful and that we obtain the maximum result for the client.

This is unlike other law firms who often run compensation claims in a mechanical way. At Gerard Malouf & Partners, our compensation claim services handle each claim thoroughly and comprehensively prepare it in every aspect.

This is more tedious, more complex and costlier for our firm in some ways but the best result will be achieved every time for our clients seeking accident injury compensation service. It is our professional obligation to strive not just for some justice but for the maximum achievable. This is our core philosophy and what differentiates us from other law firms.

Our Team

Meet the Institutional Abuse Compensation Claim team

Meet some of the diverse and dynamic compensation lawyers that support our clients with sexual abuse claims.

Richele Nelsen
Partner
Julie Baqleh
Partner
Pauline Yacoub
Solicitor

We're here to help maximise your compensation

Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.

Gerard Malouf
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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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