Institutional Abuse
When abuse happens inside the very institutions meant to protect and support us, the betrayal cuts deeply. If you experienced abuse in a school, church, care facility, or other organisation, you may have legal options to seek recognition, support and compensation.
Understanding Institutional Abuse
Institutional abuse occurs when someone is harmed physically, sexually, or psychologically while under the care of an organisation that owed them a duty of protection.
This could include settings such as:
- Schools (public or private)
- Religious institutions and church-run facilities
- Foster care or group homes
- Childcare centres
- Juvenile detention centres or prisons
- Aged care or disability support services
- Sporting clubs or youth programs
- Hospitals or psychiatric care facilities
What makes institutional abuse so devastating is the betrayal of trust by those who were meant to protect and care for vulnerable individuals. Abuse may be committed by staff, volunteers, carers, religious leaders, or other authority figures. But in many cases, it’s not just the actions of one person that cause harm — it’s the failure of the institution itself. Organisations may be held legally responsible when they:
- Failed to screen or supervise staff and volunteers
- Ignored or covered up allegations of abuse
- Did not implement appropriate safeguards or complaint processes
- Allowed a culture where abuse was tolerated or normalised
No amount of money can undo the harm caused. But for many survivors, seeking justice through a civil claim can offer a path toward healing and provide support for treatment, housing, or income when work is no longer possible.
What to Do If You Have Experienced Institutional Abuse
We understand how difficult it can be to speak about abuse — especially when it occurred within an institution that was meant to protect you. Whether the abuse happened recently or many years ago, acknowledging what occurred is an incredibly courageous step.
You don’t need to have all the answers, detailed records, or even a formal report to begin a conversation with us. You don’t need to commence a claim for compensation unless and until you feel ready.
Important things to know:
- You are not required to have reported the abuse to the police.
- We can help you understand what kinds of information may be needed.
- Every step will be explained clearly and we will proceed at your pace.
- You will never be pressured into making a decision before you are ready.
You are not alone — and you deserve to be supported, believed, and informed.
How Civil Claims and the National Redress Scheme Work
For many survivors, taking legal action is about recognition, accountability and support — not just financial compensation.
There are two primary legal pathways that may be available to survivors of institutional abuse:
Civil Claims Against Institutions
A civil claim is a legal process where you seek compensation for the harm caused by abuse. These claims are usually made against the organisation responsible — such as a school, religious institution, care provider, or government body — rather than the individual who committed the abuse.
You may be able to bring a civil claim even if:
- The abuse occurred decades ago
- The perpetrator is deceased
- No criminal charges have been laid
Civil claims can provide compensation to support things like treatment, counselling, housing, or loss of income. But more than that, many survivors seek civil justice for the acknowledgment of what happened and the impact it had on their lives.
The National Redress Scheme
The National Redress Scheme is a government-run program designed for people who experienced child sexual abuse in an institution that has joined the scheme.
Redress may include:
- A monetary payment (capped at a certain amount)
- Access to counselling and psychological care
- A direct personal response (such as an apology) from the institution
It’s important to know that accepting a payment under the Redress Scheme usually means that you are prohibited from making a civil claim for the same abuse at a later point in time. That’s why we strongly recommend getting legal advice before making the decision to accept any offer of compensation.
What the Legal Process Involves
If you choose to pursue a civil claim for institutional abuse, our role is to guide and support you through each step. You will never be pushed to move faster than you’re ready and everything will be explained clearly and respectfully.
Here’s what you can generally expect:
Step 1 – Initial Consultation
We begin with a confidential, no-obligation consultation. This is a safe space to share what happened — only if and when you feel comfortable. We’ll explain your rights, what a claim might involve, and whether civil action or the Redress Scheme may be more appropriate.
There’s no pressure to proceed. Our priority is your wellbeing and our goal is to ensure you’re fully informed before making any decisions.
Step 2 – Gathering Information
If you choose to go ahead, we’ll begin collecting the information needed to build your case. This might include medical records, statements, or institutional documents — but you won’t be burdened with the task of find all of this information yourself. We’ll assist you every step of the way, gently and respectfully.
You won’t be expected to revisit traumatic events repeatedly and we will never ask you to relive details unnecessarily.
Step 3 – Lodging the Claim
Once your case is ready, we’ll formally lodge the claim and communicate on your behalf with the institution or its insurer. Most cases are resolved through negotiation or mediation — meaning they do not go to court.
We will always seek a resolution that acknowledges what happened and reflects your needs.
Step 4: Negotiation or Settlement
While most claims settle out of court, some cases do proceed to trial. If this happens, we will prepare you thoroughly and be with you at every step.
You’ll be supported in understanding what’s required — including whether you may need to give evidence — and you will never be pushed into a courtroom unprepared. Your safety and wellbeing remain our priority.
Thinking About Reaching Out?
You don’t need to have all the answers — and you don’t need to decide anything right away. If you’ve experienced abuse, or you’re unsure whether what happened to you may give rise to a claim, we’re here to listen and help you understand your options.
Your enquiry will be handled with care, confidentiality, and respect. There’s no obligation to proceed — just a chance to speak with someone who understands.
Everyone Deserves Access to Justice
We believe that financial barriers should never stand between a survivor and the support they deserve. That’s why we offer a No Win, No Fee arrangement for eligible abuse matters. This means:
Frequently Asked Questions About Institutional Abuse
Do I have to report the abuse to police before starting an institutional abuse claim?
No. While some survivors choose to report to police, it’s not required in order to pursue a civil institutional abuse claim. You can speak to us confidentially at any time — without needing to have made a formal police report.
What if the institutional abuse happened many years ago?
In Queensland, there are no time limits for bringing a civil claim involving institutional child sexual abuse. Even if the abuse occurred decades ago, you may still have a legal pathway available. We can help you understand what’s possible in your situation.
Can I still make an institutional abuse claim if the person who harmed me has died?
Yes. Many institutional abuse claims are made against the organisation itself — such as a church, school, or care provider — rather than an individual. If the institution failed in its duty to protect you, they may still be held accountable, even if the abuser is deceased.
Will my details be made public if I make an institutional abuse claim?
No. Your identity and personal details will be treated with the highest level of confidentiality. Court documents and proceedings can often be anonymised, and in many cases, claims are resolved privately through out-of-court settlements. You remain in control of what information is shared.
Will I have to go to court for an institutional abuse claim?
Most institutional abuse cases settle outside of court. Our team will always aim to resolve your matter in a way that is sensitive to your needs and minimises further stress. If court proceedings do become necessary, we’ll guide and support you every step of the way, making sure you feel informed and prepared.
What if I don’t have documents or evidence about the abuse?
That’s completely okay. Many survivors don’t have access to records or detailed documentation. You do not need evidence to speak with us. If a claim proceeds, we can help you collect supporting information, such as medical records, witness accounts, or institutional documents.
Will I be pressured into taking legal action?
No. Reaching out to us does not mean you are committing to a claim. We’re here to explain your rights, guide you through your options, and support you without pressure. You are in control of whether or not to proceed.
Ready to Discuss Your Claim?
At AX Compensation Lawyers, we provide compassionate support and expert legal representation to individuals injured in accidents across Queensland. Our dedicated team is committed to helping clients navigate the personal injury claims process with confidence and peace of mind.
