Institutional Abuse
Why do survivors of abuse often make these types of claims?
We have learnt through our work with survivors that everybody decides to act on these horrific crimes for personal reasons.
Obtaining compensation for the abuse might be a way to hold the organisation responsible for their failures, to be heard and acknowledged and to provide for the future.
What evidence do I need?
Many survivors might worry about whether there is enough evidence for them to act on the abuse and make a claim. However, what the survivor says happened to them is evidence; and it is the most important evidence.
We can usually build a case around what you say happened.
What amounts can be claimed?
If successful, a survivor of abuse is usually entitled to payment for:
- pain and suffering;
- past and future medical and other expenses;
- past and future loss of income;
- care and domestic assistance, provided on a voluntary and paid basis;
- loss of capacity to provide domestic services to a dependent.
Additionally, a survivor of abuse is usually entitled to receive, if they want, an apology from a senior official of the organisation which failed them.
We can help
If this is the right time for you to act on the crimes committed against you, please contact Turner Freeman Lawyers for confidential help. Similarly, if you know something that might be relevant to our investigations, please contact us.
You can find out more about your legal options and how Turner Freeman Lawyers can help you by looking at our Frequently Asked Questions section below.
Our Institutional Abuse Lawyers
Frequently asked questions
Why should I ask for compensation?
Why should I ask for compensation?
We have learnt through our work with survivors of abuse that everybody decides to act on the crimes committed against them for their own personal reasons.
It might be about breaking the silence that previously bound you; being heard, respected and acknowledged; seeing that justice is served; holding an organisation to account; and about receiving money to assist you with your healing and future plans.
Look here for help if you are thinking about reporting the crimes to the police.
Turner Freeman Lawyers helps survivors of abuse to obtain compensation for the harm caused by the abuse. While money cannot undo the crimes or how they have affected you, it might improve the quality of your life, assist in your healing and allow you to provide for a better future for your family.
What are my rights to compensation?
What are my rights to compensation?
There are several options available to a survivor of abuse to apply for compensation.
You might be able to:
- bring a common law claim for personal injury damages against the organisation and/or abuser;
- apply for payments under victims of crime legislation;
- where applicable, apply to the court sentencing the abuser for an order that the abuser pay you compensation directly;
- where applicable, apply to the National Redress Scheme to be established in 2018.
Turner Freeman Lawyers can discuss these options with you and give you legal advice about which option might be best for you.
What is a ‘common law’ claim?
What is a ‘common law’ claim?
You might be entitled to bring a common law claim for personal injury if you were sexually abused while involved with an organisation.
This type of claim can usually be made where we can show that:
- an organisation’s worker committed the abuse (“vicarious liability”); or
- the institution knew or ought to have known about the risk of abuse but failed to take steps to stop it from happening.
In a successful claim, you can be paid an amount of lump sum compensation for pain and suffering, past and future loss of earnings, the costs of medical treatment and care and assistance required because of the injury.
How do you prove medical negligence?
No. In New South Wales, there is no longer a time limit within which you must start action in court for a common law claim based on child sexual abuse or serious physical abuse.
However, it is important to act as soon as you feel able to, as courts can still stop any claim where delay might cause an unfair trial to be held.
Do the police need to charge the abuser?
Do the police need to charge the abuser?
The abuser does not need to have been charged by police in order for you to bring a common law claim.
Should I go to the police?
Should I go to the police?
It is your decision as to whether you wish to contact the police. If you decide you do not want to contact the police, then this will not affect your ability to bring a common law claim.
If you do decide to contact the police, then there are a range of different reporting options available and many organisations can support you with this process.
You can contact the NSW Police Force Customer Assistance Line on 13 14 44. Alternatively, you can provide information to the NSW Police Force without the matter being formal investigated by completing the Sexual Assault Reporting Option (SARO) questionnaire.
NSW Victims Services also has detailed information on reporting sexual assaults.
Do I have enough evidence for a common law claim?
Do I have enough evidence for a common law claim?
Many survivors of abuse might worry about whether there is enough evidence for them to act on the abuse or to make a common law claim. But it is important to remember that what you say is evidence; indeed, it is the most important evidence, and there are a range of legal strategies that can be used to effectively build your case.
Australian history shows us that child sexual abuse has been widespread and that many organisations and governments have often known about it for a long time.
Turner Freeman can assist you to gather evidence from relevant organisations and work closely with you to articulate your story.
Will I have to go to court?
Will I have to go to court?
In the majority of cases, Turner Freeman can negotiate and settle a claim for you without the need to go to court. If necessary, we will take your claim to court, but we will only do this after speaking with you first.
Counselling and other support
Counselling and other support
There are a range of free counselling options available to survivors of abuse. These include speaking to your General Practitioner about a referral to a counsellor under a Mental Health Care Plan, using the Approved Counselling Scheme run by NSW Victims Services or accessing one of the services funded by the Commonwealth Government for the Royal Commission.
NSW Stolen Generations Reparations Scheme
NSW Stolen Generations Reparations Scheme
The NSW State Government has established a redress scheme for members of the Stolen Generations. More information can be found here.
What is the fee policy in institutional abuse claims?
What is the fee policy in institutional abuse claims?
For personal injury claims in Australia we act for our clients on a ‘No Win-No Fee’ basis. So in other words unless we recover compensation for our client, we will not charge for our work. Be sure to ask one of our lawyers if you have any questions regarding our fee policy, as conditions do apply.
Contact us
Our NSW offices are in Sydney, Parramatta, Campbelltown, Newcastle, Penrith, Wollongong and Gloucester.
Our Queensland offices are in Brisbane, Logan, North Lakes, Ipswich, Toowoomba, Gold Coast, Sunshine Coast and Cairns.
Our South Australian offices are in Adelaide CBD and Whyalla.
Our Western Australia office is in Perth.