Institutional Physical or Sexual Abuse Claims

Suffered Physical or Sexual Abuse? For a free consultation regarding your Redress payment, call us today.

All children who are in the care of an institution or organisation have the right to protection and reasonable care. If you – or someone you know – has sustained injuries as a result of physical or sexual abuse, then you may have the right to claim compensation from the institution responsible for providing your care.

Physical or sexual abuse can leave a lifetime of trauma and emotional pain, increase risk of mental health issues and impact on all areas of your life including career and relationships. Psychological injury is recognised by law as a damage able to be claimed, and if you have suffered injuries including psychological injuries, you may be able to lodge a compensation claim.

In many cases, our clients have turned to us after experiencing physical or sexual abuse at schools, government organisations including foster care, non-government, religious and military organisations.

At ROC Legal, our specialist legal team have managed a range of institutional physical or sexual abuse claims. If you believe you have a case, contact our team for a confidential discussion about how we can help you in your claims process.

What do I need to do to make an Institutional Physical or Sexual Abuse Claim?

Institutional physical or sexual abuse claims navigate around a very complex area of law. There are certain evidence guidelines required and timeframes that must be adhered to. At ROC Legal, our team manages your claim with compassion and understanding. We respect the sensitive nature of the matter and maintain privacy. Our team is happy to meet at a location convenient for you. Initially preliminary meetings are required to assess the suitability of your claim, and we are also available via phone and email.

How Do I Know if My Institutional Physical or Sexual Abuse Claims Will Work?

Every claim is obviously different, and the entitlements vary from case to case. The best way for us to assess your claim is to meet with you to explore the elements of your claim, and discuss the circumstances relating to your case. That way, we can work with you to let you know if it is possible to proceed in making an institutional physical or sexual abuse claim.

We service majority of Queensland and can travel to a suitable location to meet with you. We respect the sensitive nature surrounding these matters and can maintain privacy by accommodating to your needs. It’s important that we have this preliminary meeting to assess the suitability of your claim, and we are available via phone or online if it’s not possible to meet in person.

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My Physical or Sexual Abuse Happened a Long Time Ago. Can I Still Claim?

The usual timeframe to make a claim is within three years of the incident. With institutional physical or sexual abuse, timelines can vary so it is important to get in touch with our team as soon as possible to assess what we are able to do or your specific case.

Your first consultation with ROC Legal is free, and our team ensures we are thorough in providing you with detailed legal advice with sensitivity, empathy and discretion.

What can I claim for?

  • Pain and suffering
  • Lost past and future earnings including superannuation
  • Past and future medical expenses
  • Anticipated treatment or rehabilitation
  • Care that will be provided by family or friends

What is My Claim Going to be For?

When you make a claim for institutional physical or sexual abuse, we will help you recover for what you are entitled to. You may be able to claim for:

  • Pain and suffering
  • Lost past and future earnings (including your superannuation)
  • Past and future medical expenses
  • Care that has been or will be provided by family and/or friends
  • Anticipated treatment or rehabilitation

Frequently Asked Questions About Physical or Sexual Abuse Claims

As a rough guide, physical or sexual abuse claims may take anywhere from six months to a year and sometimes longer, depending on the complexity of the case. We understand this process can be different and emotionally taxing and aim to progress your case promptly and efficiently, so you are able to move on with your life as quickly as possible.

In most cases where a matter can be settled without going before the courts, your matter is entirely confidential and discrete. If your case matter does go before the courts, then there is a possibility that it may be made public, however the team at ROC Legal will make every attempt to suppress your name and details.

If you or someone you know has been physically or sexually abused, it is recommended that you report your crime to the police. While not necessary, it can be helpful for your case if there is a criminal charge or conviction on file. If in doubt, we can help you – call 1300 196 219 for a confidential discussion with out principal legal practitioner Robert O’Neil.

The National Redress Scheme for Institutional Child Sexual Abuse is established by the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (“NRSA”).  The objects of the NRSA, among other things, is to provide redress in the form of a monetary payment to survivors as a tangible means of recognising the wrong survivors have suffered. Section 3 NRSA

A person is eligible if they were sexually abused, the sexual abuse is within the scope of the NRSA, they would be entitled to more than $0 if assessed against the abuse framework, one or more participating institutions are responsible for the abuse and the person is an Australian Citizen or permanent resident at the time the person applies for redress. Section 13 NRSA

An institution is primarily responsible or equally responsible for the abuser having contact with the person.  The following circumstances are relevant:-
  • Whether the institution was responsible for the day to day care or custody of the person when the abuse occurred;
  • Whether the institution was the legal guardian of the person when the abuse occurred;
  • whether the institution was responsible for placing the person into the institution in which the abuse occurred;
  • whether the abuser was an official of the institution when the abuse occurred;
  • whether the abuse occurred on the premises of the institution or where activities of the institution took place or in connection with the activities of the institution. Section 15 NRSA

Redress consists of a redress payment (up to $150,000), counselling and a direct personal response. Section 16 NRSA

Redress is for the sexual abuse suffered by the person that is within the scope of the scheme. Section 17 NRSA.

To obtain redress a person must make an application.  The application must be in the approved form, specific where the person lives, include any information and documents required and be verified by statutory declaration. Section 19 NRSA

A person’s application for redress or document created solely for the purpose of accompanying a person’s application for redress, or a document created solely for the purpose of complying with a request for information by the decision maker in relation to an application for redress, is not admissible in evidence in civil proceedings in a court or tribunal.

If a person accepts an offer of redress, then the person releases and forever discharges every released institution or official from civil liability for abuse of the person that is within the scope of the scheme.  The person cannot bring or continue civil proceedings against a released institution or official in relation to that abuse.

If a person makes an application for redress, the decision maker must make a determination to approve or not approve the application as soon as practicable. Section 29 NRSA

A civil claim is where a person owes you a duty of care, they have breached that duty of care, that breach has caused your injury and you have suffered damages as a result of that breach of duty.

The maximum possible amount of compensation for a redress claim is $150,000, section 16 NRSA. 

A civil claim is based on common law principles and the compensation amount can sometimes far exceed what you could possibly obtain under the redress scheme. 

In a civil claim you can claim for such things as:-

  • General Damages – which is pain and suffering, loss of amenities of life or loss of expectation of life;
  • Interest on General Damages
  • Past Loss of earnings
  • Interest on Past Loss of earnings
  • Past Loss of superannuation
  • Future Loss of earnings
  • Future loss of superannuation
  • Past/Future Care & Assistance
  • Past Out of Pocket Expenses
  • Future out of pocket Expenses

An action for damages relating to the personal injury of a person resulting from the abuse of the person when they were a child can be brought at any time and is not subject to any limitation period. Section 11A Limitation of Actions Act 1974 (“LAA”).

Abuse of a child, meaning sexual abuse or serious physical abuse of the child or psychological abuse of the child perpetrated in connection with sexual abuse or serious physical abuse of the child.

Normally a civil claim would take approximately 12-18 months to finalise.  The claim is made pursuant to the Personal Injuries Proceedings Act 2002 (“PIPA”) and there are a number of legislative times frames the parties must meet.

The process for a claim under PIPA is as follows:-

  1. Serve a claim form on the respondent/s: section 9 PIPA;
  2. Receive a compliance response from the respondents (within 1 month of receiving the claim form): section 10 and 12 of PIPA;
  3. Co-operation between the parties: section 22 & 27 of PIPA
  4. Attending Medical Examinations: section 25 PIPA
  5. Liability response from the respondent: section 20 PIPA;
  6. Attending a settlement conference: section 36 PIPA.

If the claim is not resolved at the settlement conference then the parties must exchange written final offers: section 39 PIPA.  A proceeding in Court must be started within 60 days after the conclusion of the compulsory conference: section 42 PIPA. 

It is important to note that the majority of civil claims are resolved at the settlement conference given the significant costs and risks to all parties involved in proceeding to court and to trial.

Please give us a call for a confidential, no obligation, free consultation to discuss the various options available to you.

There are a number of possible options and laws to consider prior to making a claim.  Do not leave your application to someone who is not legally qualified to assist and provide you with advice.  You should request a free consultation with us prior to making any application so that we can provide you with advice as to your options.

The ROC Legal Point of Difference

We specialise in compensation law, and we’d love to help you with your compensation claim and get your life back on track. Working through a compensation claim can be tough, but when you have ROC Legal on your side, the whole process is smooth. We’re a boutique firm who treat every client with respect, courtesy and care, but we’re big enough to be able to handle even the most complex of claims and compensation issues. 

We’re compensation legal experts, and we’re waiting to take your call. Get in touch with the legal professionals who care at ROC Legal on 1300 196 219

Get the Care and Attention You Need with ROC Legal

If you are curious about the process involved in motor vehicle incident claims or would like some more information on how best to proceed with a compensation claim, we can help. 

Our boutique firm means that you will always get personalised, one-on-one service from people who know your concerns and who are happy to help. Our motor vehicle accident lawyers are on hand to answer your questions and will work with you to offer support and guidance for your particular situation, standing by your side during what can be a potentially difficult time. 

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