Who Can Make a Civil Claim for Historical Institutional Abuse
Anyone who has experienced historical institutional abuse can make a civil claim. Under current NSW law, there are no time limits attached to civil claims, recognising the complex nature of trauma and the difficulties survivors face in coming forward. Consequently, legal action may be pursued at any age, regardless of when the abuse occurred.
There are several institutions where historical abuse may have been perpetrated, and a claim may be made against them. These include:
- Churches
- Schools (public or private)
- Youth Detention/Juvenile Justice Centres
- Orphanages
- Sporting Clubs
- Recreational Clubs
- After-school programs
It is important to note that abuse may occur on-site or off-site, such as in a child’s home, as was the case in Bird v DP.
In some instances, the victims of historical institutional abuse may not be able to make a claim themselves, whether that be because of age, mental capacity, death or any other set of circumstances. Consequently, a family member or legal guardian may bring the claim on their behalf.
Claims may also be made posthumously by the victim’s estate or legal representative if the survivor was unable to file one during their lifetime. This is especially important given that institutional abuse often goes unreported due to the stigma that is associated with it.
