How to make an institutional abuse claim and the process

You may be eligible to make an institutional abuse claim if you were abused as a child while in the care of an institution. Learn about how to make an institutional abuse claim for sexual abuse compensation. 

What is institutional abuse? 

Institutional abuse is when a child or teenager is sexually abused while they’re in the care of an institution, for example: 

• A school or boarding school 

• A church or church-run youth group or camp 

• During pastoral care from a church leader 

• A youth detention centre or juvenile detention centre 

• A youth camp on Australian Defence Force property 

• A foster care home 

• A children’s residential home 

The institutional abuse may happen on-site or off-site, such as in a child’s home (for example in Bird v DP, involving abuse in the Catholic Church). 

Historic sexual abuse of children in an institutional context was the subject of the Royal Commission into Institutional Responses to Child Sexual Abuse. 

What is an institutional abuse claim? 

An institutional abuse claim is when an adult survivor of childhood historic sexual abuse makes a legal claim for sexual abuse compensation. It’s known as a ‘civil damages claim’. 

The institutional abuse claim may be for sexual abuse compensation for the impact of abuse on your life, and an opportunity: 

• To hold the responsible institution to account 

• For the institution to acknowledge what happened to you 

• For the institution to apologise to you

Five main phases in an institutional abuse claim

There are five main phases in the legal process for an institutional abuse claim. Each phase can be several months long and there may be several months in between each phase.  

The names of the legal steps within each phase (and what’s involved in those steps) will be different depending on the state or territory of your institutional abuse claim.  

Phase 1. Tell your abuse lawyer what happened to you 

In your first appointment, you’ll meet with one of our compassionate, trauma informed abuse lawyers and tell them what happened to you. It’s important you share your full story, so your legal team can understand the impact of your abuse on your life. What you share with your abuse claim solicitor will be confidential and free from any judgement. 

If you have an institutional abuse claim and decide to engage Shine Lawyers, you’ll meet again with your abuse law team to tell your story and help build your case. 

Phase 2. Information gathering to support your institutional abuse claim 

To help build your case, your abuse claims solicitor will gather written records to support your institutional abuse claim. This phase can take several months, and it can be a frustrating and emotionally complex time for you.  

There may be discrepancies between your memory of abuse and what written records say. It can be challenging to feel at times, that you’re not being believed. 

The types of records that are gathered, might include: 

• The dates you attended the institution responsible for your abuse (such as the years you were at school or church, or the dates you attended a camp) 

• Medical records of your psychological or psychiatric injuries from the time of your institutional abuse 

• Medicare records 

• Education records (your abuse may have impacted your ability to attend school) 

• Employment history and employment records (your abuse may have impacted your ability to seek or remain in a job) 

• Detention or incarceration (your abuse may have led to behavioural issues) 

Please note that as part of our abuse law team, Shine Lawyers has a dedicated mental health support team. They are there to support you through the challenging moments that may arise during your claim. 

Phase 3. Medical appointments 

As part of the legal process for your historical sexual abuse claim, you’ll have to see one or more medical specialists so they can assess your physical and psychological injuries. These appointments can be distressing as you’ll have to answer detailed questions about your trauma and the impacts of abuse. 

However, our mental health support team are ready to assist you by: 

• Preparing you for medical appointments 

• De-briefing after medical appointments 

• Creating a safety plan to help manage the potential psychological impacts of medical appointments 

Phase 4: Settlement of your institutional abuse claim

Your compassionate and dedicated abuse law team will fiercely negotiate settlement of your institutional abuse claim. 

Phase 5: A court hearing  

There are cases where institutional abuse claims don’t settle by negotiation, and we may need to proceed to a court hearing. If your historic sexual abuse claim proceeds to a court hearing, your experienced abuse claim solicitor will continue to get the best possible outcome for you, while working with you to minimise your stress and inconvenience.   

Shine Lawyers are here to help 

Our compassionate, trauma informed abuse law team is experienced, accomplished and backed by a mental health team. 

Together, they are there to listen without judgement, provide you with advice tailored to your specific circumstances and support you throughout the process. 

Contact us today to organise an obligation-free and confidential consultation with one of our abuse claim solicitors. Our experienced abuse lawyers offer their services on a No Win No Fee* basis.  

*Conditions apply