Authored by Sierra Callaway, Senior Associate

Survivors of childhood institutional sexual abuse are now closer to justice than ever before. Recent reforms in Victoria mean that people who previously settled their claim, received limited compensation, or were denied the right to sue may now have the opportunity to revisit their case.

For many survivors, earlier pathways were shaped by restrictive schemes, technical legal barriers, or laws that no longer reflect today’s understanding of institutional responsibility. The new reforms recognise these injustices and aim to restore survivors’ rights.

When a past settlement or deed of release may be revisited?

There are several situations where a previous settlement may no longer be final. You may be able to seek further compensation if:

1. You settled under a capped or restrictive scheme

Schemes like the Melbourne Response, which operated before major reforms in 2018, imposed strict caps and often provided inadequate compensation. These settlements were made under laws that did not properly allow survivors to sue institutions. In many cases, they can now be challenged.

2. You settled before the law changed in 2018

Before 2018, survivors faced significant barriers when trying to sue institutions, including time limits and legal hurdles that have since been removed. If your settlement was shaped by these old limitations, you may now have grounds to revisit it.

3. Your claim was impacted by the Bird v DP decision on 13 November 2024

The High Court’s Bird v DP ruling restricted survivors’ ability to hold institutions liable unless an employment relationship could be proven.

The Victorian Government has now passed legislation to reverse the impact of this decision, meaning that institutions will now be held responsible for the actions of individuals who were not technically an employee, such as religious leaders, contractors and volunteers.

As the legislation will apply retrospectively, victim survivors whose claims were affected by the decision in Bird v DP will now have a pathway to re-open their claim and seek further compensation.

This reform is intended to restore fairness and ensure institutions are accountable for the harm that occurred under their watch..

What this means for survivors

If you:

• settled a claim years ago
• felt pressured into a low settlement
• signed a deed of release
• were told you could not sue because of vicarious liability issues
• were denied compensation due to technicalities

You may now have new legal options. No two cases are the same. A lawyer experienced in institutional abuse matters can review the details and advise whether your past settlement can be challenged.

How Margalit can help

Speaking about childhood institutional abuse takes courage. Our role is to make the process clear, supportive, and safe. In your first free and confidential consultation, we will review your past settlement or deed, explain whether your claim can be reopened, and give you straightforward advice about the compensation you may be entitled to.

Our approach is trauma-informed, respectful, and paced around your comfort. Many victim-survivors never had the chance to seek meaningful justice. These reforms recognise that.

We are here to help you understand what this change could mean for you. If you previously settled your institutional abuse claim or were denied compensation, you may now have the right to seek more.

Contact me for a free, confidential consultation.

Don’t hesitate to call me on 03 9122 0288 or book an appointment with me here.