Institutional Abuse
WE HOLD INSTITUTIONS ACCOUNTABLE
Overview
Institutional abuse refers to sexual or physical abuse suffered by an individual within organisations where a child should have been protected. In many cases, this abuse happened a long time ago and is only being spoken about or addressed later in life.
Disclosing this kind of abuse takes courage, and every disclosure deserves to be believed and treated with care.
Institutional child sexual abuse happens within organisations such as schools, churches, orphanages, foster homes, youth/juvenile detention centres, or sporting clubs.
Victim-survivors have legal rights. In Australia, there are no time limits on bringing claims for childhood sexual abuse.
Institutions can be held accountable, and you have options.
Tell your story
We recognise institutional child abuse for what it is: a devastating betrayal of trust by people and organisations who were meant to protect children.
The abuse may have involved sexual assault, physical harm, emotional abuse, or neglect. Whatever the form, its impact is lasting. It has affected mental health, relationships, and quality of life.
No amount of compensation can undo what happened. But it can bring recognition, accountability, and the financial security to move forward.
Your legal options
Following the Royal Commission into Institutional Responses to Childhood Sexual Abuse, victim-survivors now have two main legal pathways for compensation:
- National Redress Scheme, which offers victim-survivors access to counselling, a direct personal apology from the institution, and a capped payment of up to $150,000.
However, once you accept a Redress payment, you cannot pursue a civil claim for the same abuse.
- A civil damages claim, which is made directly against the institution responsible. It is tailored to your circumstances and has no compensation cap.
These claims often achieve higher outcomes and hold institutions more directly accountable for their failures to protect children.
We’ll talk you through both so you can make the choice that feels right.
Before you apply to the National Redress Scheme, speak to a lawyer about maximising your compensation. Our first consultation is free of charge, obligation free and entirely confidential.
Start your enquiry
If you've experienced institutional abuse, you deserve to be heard and supported. Fill in your details and our lawyers will reach out at a time that suits you.
Frequently asked questions
How do I know if I am eligible to make a claim?
You may be eligible to make a claim if:
• You experienced sexual, physical, or emotional abuse as a child under the care of an institution or individual.
• The institution or perpetrator failed to protect you.
• You have suffered psychological injury, trauma, or loss as a result.
You can pursue compensation even if:
• The abuse occurred many years ago.
• No criminal charges were filed or were unsuccessful.
• The perpetrator is deceased.
• If formal evidence is limited, your testimony alone can often form the basis of a claim.
We will work with you to gather any available documentation and build your case. Everything you share with us is confidential. Your first appointment with us is completely free.
What can be claimed?
The amount of compensation varies depending on your circumstances, but it may include:
• Pain and suffering.
• Loss of income or earning capacity.
• Medical treatment or ongoing care costs.
• Aggravated or exemplary damages where misconduct or cover-ups occurred.
Most cases are resolved privately through negotiation or mediation.
If litigation is required, we remain by your side throughout the process.
We act on a ‘no win-no fee’ basis, meaning you will typically not pay any of our legal fees unless your case succeeds.
Do time limits apply?
There are no time limits for bringing a civil damages claim for childhood sexual abuse. Victim-survivors can come forward at any time, no matter how long ago the abuse occurred.
How can a lawyer help me?
A lawyer can:
• Review your eligibility and guide you through your legal options
• Gather evidence and prepare your civil damages claim
• Protect your confidentiality and rights
• Negotiate the maximum possible compensation
• Reduce the stress of dealing with institutions directly
Can I still make a claim if the perpetrator has died or the institution has closed?
Yes. Claims can still proceed even if the individual responsible has passed away or the institution has shut down. The law now requires many former institutions to nominate legal entities that can be held accountable.
I’ve already received compensation and signed a deed of release. Can I claim more?
In some cases, it may be possible to set aside a previous deed of release and seek additional compensation. Whether this is possible depends entirely on the specific circumstances of your settlement.
We recommend speaking with one of our lawyers, who can review your case and advise if this may be an option for you.
Why Margalit?
Having the right legal team can make a huge difference in your claim.
- You can speak directly to a lawyer, no delays.
- Our confidential, trauma-informed approach minimises the need to retell your story.
- Expect plainspoken, transparent advice, we’ll tell you the truth, clearly and without jargon.
- Specialist experience in abuse claims, strategic, fast, and survivor-focused.
- ‘No win, no fee’ approach means we generally charge no upfront costs, unless you win.
CALL NOW FOR A FREE
CONFIDENTIAL CONSULTATION
Call 03 9133 0288