Institutional Abuse
Confidential advice for survivors of abuse in schools, churches, children's homes, out-of-home care, sporting and youth organisations in NSW.
Survivors of child abuse in NSW institutions can claim compensation from the organisation responsible, and there is no time limit for a child abuse damages claim in NSW. Vamp Law gives confidential advice at the survivor's pace, explains the options including the National Redress Scheme, and runs claims against organisations.
Can you still make a claim for abuse that happened years ago?
Yes. In NSW there is no limitation period for a damages claim for child abuse, so a survivor can bring a claim however long ago the abuse happened (Limitation Act 1969 (NSW), section 6A). The rule has applied since 17 March 2016, including to abuse where an earlier time limit had already run out.
Child abuse here means sexual abuse or serious physical abuse of a person under 18, and other abuse connected with it. A court keeps its power to stop a case where the passage of time means a fair trial is no longer possible, which is one reason to get advice when you feel ready.
What happens when you first contact Vamp Law?
The first conversation is confidential, at your pace, and does not commit you to anything. You can bring a support person, you do not have to describe the abuse in detail, and you can stop or take a break at any time. There is no pressure to decide anything at that first conversation.
Kyra Pastrovic speaks with you directly and runs the matter herself if you go ahead. Vamp Law runs a conflict check before accepting any new matter, and sets out a written costs agreement before any work starts.
Who can be held responsible for institutional abuse?
The organisation responsible for the child can be liable, not only the person who committed the abuse. For abuse on or after 26 October 2018, Part 1B of the Civil Liability Act 2002 (NSW) requires an organisation responsible for a child to take reasonable precautions to prevent people associated with it, such as employees, volunteers, contractors, and priests, ministers or other religious leaders, from abusing the child. If the survivor proves that an associated person committed the abuse in connection with the organisation's responsibility for the child, the organisation is presumed to have breached its duty unless it proves it took reasonable precautions (section 6F).
Section 6H also makes an organisation vicariously liable for abuse by an employee, or someone akin to an employee, where the role the organisation gave them supplied the occasion for the abuse, again for abuse from 26 October 2018. For earlier abuse, claims rely on the common law, including negligence and vicarious liability.
Can you make a claim against an organisation that is not incorporated?
Yes. Many churches, clubs and community groups are unincorporated, which once made them difficult to sue. A child abuse claim can now be brought against an unincorporated organisation in its own name, and the organisation can appoint a proper defendant with enough assets to meet a judgment (sections 6K and 6L).
If no suitable proper defendant is appointed within 120 days of the organisation being served, the court can appoint the trustees of an associated trust, and those trustees can use trust property to pay the claim (sections 6N and 6P). These rules have applied since 1 January 2019, whenever the abuse happened.
Can an earlier settlement of an abuse claim be set aside?
In some cases, yes. Since 18 November 2021, Part 1C of the Civil Liability Act 2002 (NSW) has allowed a court to set aside an earlier settlement of a child abuse claim where it is just and reasonable to do so. It applies where the settlement was made in one of these situations (section 7C):
Expired time limit
before 17 March 2016, when the limitation period for the claim had already expired.
Unincorporated organisation
before Part 1B commenced in 2018, when the organisation that would have been liable under Part 1B was not incorporated.
Unfair settlement
before Part 1B commenced in 2018, where the settlement was not just and reasonable.
The court considers the amount paid, the bargaining position of the parties, and the conduct of the other parties and their lawyers (section 7D). A deed of release signed to accept an offer under the National Redress Scheme cannot be set aside this way (section 7E).
Should you apply to the National Redress Scheme or make a claim?
It depends on what matters most to you, and the decision is worth advice because it is final. The National Redress Scheme is a Commonwealth scheme for people who were sexually abused as children in institutions. It can offer a redress payment of up to $150,000, access to counselling, and a direct personal response, such as an apology, from the institution. Applications can be made until 30 June 2027, and you can only apply once.
If you accept an offer of redress, you cannot continue or bring a civil claim against the institution concerned or its associate institutions. Prior payments related to the abuse are deducted from a redress payment, and the Scheme itself recommends getting legal advice before signing the acceptance document. Vamp Law can explain what each pathway would mean for you before you decide.
What does an institutional abuse claim involve?
A first conversation
Confidential, at your pace and with no decision required.
Gathering records
Vamp Law requests school, care, church, government and medical records. Where records are incomplete, other evidence, such as accounts from people who knew you at the time, can help.
Your account and medical evidence
Your statement is taken in stages that suit you, and a psychiatrist or psychologist assesses the effect the abuse has had on your life.
Identifying the defendant
This may be the organisation, a successor organisation (treated as the same organisation under section 6C), or a proper defendant for an unincorporated body.
Resolution
A claim can resolve through negotiation or mediation, or proceed to court if it does not. You decide whether to accept any offer.
Frequently asked questions
Yes. The no-limitation rule applies only to abuse of a person under 18. Abuse of an adult, for example in aged care or disability care, is generally subject to a limitation period of three years from when the claim is discoverable, with a 12 year long-stop (Limitation Act 1969 (NSW), section 50C).
Time can be suspended in some circumstances while a person is incapacitated in managing their affairs (section 50F), and older events can follow earlier rules, so early advice matters.
Often, yes. For claims under Part 1B, an organisation and any successor are treated as the same organisation (section 6C), and a change of name alone does not change who is responsible.
A claim against the organisation does not depend on the person who committed the abuse being alive. A claim against that person can also generally continue against their estate (Law Reform (Miscellaneous Provisions) Act 1944 (NSW), section 2).
You can explore both, but accepting a redress offer ends your right to bring or continue a civil claim against that institution, so advice before accepting is worthwhile.
Where can survivors get support?
If you need to talk to someone now, Lifeline is available 24 hours a day on 13 11 14. The Blue Knot Helpline supports adults affected by abuse or trauma in childhood, and their families, on 1300 657 380 (press 1), from 9am to 5pm AEST/AEDT, seven days a week. If you are in immediate danger, call 000.
Speak with Vamp Law in confidence
This page is general information about NSW law, not advice on your situation, and the right answer depends on the facts and the documents. When you are ready, make an enquiry or call +61 431 569 686 to speak with Kyra Pastrovic in confidence, at your pace.
Ready when you are
Get advice on your matter
Tell us what is happening and we will explain your options.