Institutional Abuse Claims in Australia

Institutional abuse compensation refers to legal and redress options available to adults who experienced child sexual abuse while in the care of an institution, such as a school, boys’ home, church, or youth organisation. In NSW and across Australia, many historical abuse claims can still be pursued through civil compensation or the National Redress Scheme.

This page explains compensation options for adults who experienced child sexual abuse in institutional settings (such as schools, boys’ homes, churches, care facilities, and youth organisations). It is designed to help survivors understand the main pathways and what usually matters when abuse occurred years or decades ago.

This information is general. Legal options depend on your circumstances and the institution involved.

What is “institutional abuse”?

Institutional abuse generally refers to abuse that occurred while a child was under the care, supervision, authority, or control of an organisation.

• Schools (government, Catholic, independent)
• Boarding schools
• Boys’ homes, orphanages, residential care
• Religious organisations
• Youth and community organisations (including sport)

Claims typically focus on whether an institution failed to protect a child or failed to respond appropriately to risks and reports.

Can you still seek compensation for historical abuse?

Often, yes. In NSW and most Australian jurisdictions, limitation periods for child sexual abuse have been removed, meaning many survivors are not barred from bringing a claim simply because time has passed.

Even so, historical matters can be complex. Records, witnesses, institutional structures, and insurer issues may affect how a matter is assessed and progressed.

Main compensation pathways

1) Civil compensation claims

A civil claim is a legal claim against an institution, usually alleging the organisation failed to take reasonable steps to prevent abuse or failed to respond appropriately.

Depending on the circumstances, civil compensation may be considered:

• the nature and duration of the abuse
• the impact on your life and mental health
• whether the institution knew (or should have known) of risks
• failures in supervision, reporting, or response

Compensation in civil matters can include (where supported by evidence):

• general damages
• psychological injury damages
• past and future economic loss
• treatment and care costs

2) National Redress Scheme

The National Redress Scheme is a separate pathway for some survivors of institutional child sexual abuse. Redress may include:

• a monetary payment (subject to the Scheme’s limits)
• access to counselling
• a direct personal response from the institution (if requested)

Eligibility and outcomes depend on the Scheme’s rules, and not all institutions participate. Redress is not the same as a civil claim and may affect later options in some circumstances.

Which option is right?

There is no single best pathway for every survivor. Some people prefer redress for a more administrative process. Others may consider a civil claim where the circumstances and evidence support it. Many survivors begin by getting advice and deciding gradually.

Common factors include:

• the institution involved and whether it participates in Redress
• where and when the abuse occurred
• your priorities (privacy, timing, recognition, compensation, process)
• available evidence (records, witnesses, disclosures, reports)

What if the institution no longer exists?

Institutions may close, merge, change names, or restructure. That does not automatically prevent a claim. In some cases, responsibility may sit with a successor organisation, an insurer, a government body, or another legally relevant entity.

What evidence matters in historical matters?

Evidence can look different in historical claims. It may include:

• school, church, care, or placement records
• medical or counselling records
• statements from you or other witnesses
• contemporaneous disclosures (even informal)
• institutional documents about policies, supervision, or responses

You do not need to have reported the abuse at the time to seek advice now.

Getting legal advice

Institutional abuse compensation matters often involve a complex history and sensitive evidence. Legal advice can help clarify:

• whether an institution may be legally responsible
• which pathway is available (civil claim and/or Redress)
• what to expect from the process
• what steps can be taken at a pace that feels manageable

You should never feel pressured to proceed. Many survivors start by reading about their institution and then deciding what they want to do next.

Related pages

• National Redress Scheme
• Time limits and historical abuse in NSW
• What counts as an institution for abuse claims?

Frequently asked questions