Justice and compensation for the victims of abuse
We act for more than 1,000 clients who, as children, were abused while in an orphanage, foster care or juvenile detention centre. Claims are being pursued against the State of Victoria and various religious institutions including the Salvation Army, the Catholic Church and its religious orders, the Uniting Church and the Anglican church.While most of our clients are pursuing claims against various institutions, it is important for victims to know that they can also claim against individuals.
Angela Sdrinis talks about sexual abuse.
Part one of a series on obtaining justice and compensation for survivors of sexual abuse.
To watch other videos in the series, please view them here: Angela Sdrinis talks about sexual abuse.
Our team is headed up by Angela Sdrinis, one of Australia's leading advocates and social commentators on the rights of victims of institutional and sexual abuse. Angela is a personal injuries Accredited Specialist with 20 years' experience in this field.
Our Institutional Abuse Team has pursued claims against the Irish Redress Fund and the Western Australian, Queensland amd Tasmanian Redress Funds.
Royal Commission into Institutional Responses to Child Sexual Abuse
The Royal Commission into Institutional Responses to Child Sexual Abuse is a watershed investigation with the powers to properly carry out its task. As a long-time advocate for setting up the Royal Commission, RCT is pleased with the progress being made in establishing the terms of reference for the Commission and the appointment of Commissioners. The Government has taken up many of the suggestions made by RCT in its submission.
To subscribe to our blog on the Commission, click here.
Victorian Parliamentary Inquiry into the Handling of Child Abuse by Religious and Other Organisations
Ryan Carlisle Thomas has made a submission to the Victorian Parliamentary Inquiry into the Handling of Complaints of Child Abuse by Religious and Other Organisations., Angela Sdrinis has also been called to give evidence to the inquiry. A special taskforce, known as Taskforce Sano, has now been set up by Victoria Police to investigate complaints of clerical sex abuse arising from the Victorian Inquiry. Victoria Police can be contacted on (03) 9247 6666.
First steps – if you or someone you know was abused
Ask to speak to one of the experts in the RCT Sexual Abuse team. We can have you advised by a practitioner of your preferred gender. Remember, it costs nothing to discuss the matter, and we are pleased simply to advise you on where you stand, for no fee. If we take on your case, we will generally do so under our 'No Win No Fee OR Expenses*' policy.
We will explain the legal process fully to you, including the importance of reporting the crime committed against you. Compensation amounts can also be discussed.
If you have been a victim of abuse, or know of someone who has, please call or find us at an office near you.
How important is it to report the crime?
Very. If you have been sexually abused by a friend, family member, priest or other individual, it is important to report it to the police for two reasons. First, because a police investigation should bring the perpetrator to justice. And second, a criminal charge or conviction will make it more likely that you will be successful if you intend to pursue a civil claim for compensation.
Your first contact therefore should be the Victoria Police Sexual Offences and Child Abuse Unit, or SOCA. Victoria Police has also recently established special units know as Sexual Offences and Child Abuse Investigation Teams (SOCIT). These teams have been established to provide more consistent support to victims of sexual assault. SOCIT is still in transition with a full roll out expected by the end of 2012. Details on the Units and a list of regional and metropolitan office numbers is located at: Sexual Offences & Child Abuse Units.
These Units have been set up by the police to deal with complaints of sexual assault in a sympathetic manner.
Once you have reported the crime, the police will make a decision on whether there is sufficient evidence to charge the perpetrator. If a charge is laid, you may be required to give evidence in court. However, even if you are not prepared to give evidence (and the police may choose not to charge a perpetrator unless you are prepared to give evidence), the crime should still be reported so that if there are subsequent or other complaints about a particular perpetrator, the police may eventually be able to gather enough evidence to later charge the offender.
What happens if the perpetrator is convicted?
A successful conviction will enable you to either apply for compensation from the State, or obtain an order to sue the offender for compensation. This is further explained below.
You are entitled to compensation if you can show that you have been the victim of a crime and that you have suffered loss and damage. Time limits apply in making these claims and an application for compensation should be made within 2 years of the crime. Extensions are sometimes possible, particularly if the crime occurred when you were still a child. You are more likely to be granted an extension if the perpetrator has been convicted in the previous 2 years.
What size benefit can I claim against individuals?
Benefits include loss of earnings payments if you become incapacitate for work as a result of either physical or psychological injuries caused by the sexual assault. Payment of medical expenses including counselling and “special financial assistance” of up to $10,000 is also available.
The Victim of Crime Assistance Tribunal covers the costs of the application for compensation from the State.
Claims against the offender (Sentencing Act claims)
Another option is to apply under the Sentencing Act for a Judge to order the perpetrator to pay you compensation. An application under the Act can only be made if the perpetrator is convicted. If the application is successful, the Judge will order the perpetrator to pay you an amount of money to compensate you for the damage you have suffered. This application must be made within twelve months of sentencing of the offender.
Redress Schemes
A number of redress schemes to compensate children abused in care both hin Australia and overseas have been established by Governments who have recognized that the legal barriers facing people who were abused in care are too harsh. These redress schemes provide for compensation and counselling for successful applicants.
Our team has successfully pursued claims for compensation against the Irish Abuse in Residential Care Fund, the WA Redress, the Queensland Government Redress Fund and the Tasmanian Fund.
All Australian Redress Schemes have now closed except for the Tasmanian scheme which allows for payments of compensation of up to $35,000. If you were a ward of the state in Tasmania and you were abused in care, we can assist you in applying for compensation. For further information, contact a member of our team.
The South Australian Government has also set up a special crimes’ compensation unit for ex gratia payments for former residents in state care who experienced sexual abuse as children. A payment of up to $30,000 is available and, where there has been extreme sexual abuse, a total of $50,000 can be granted in exceptional circumstances. For further information, contact a member of our team.
Germany is also in the process of setting up a compensation scheme for German children abused in care. For further information contact a member of our team.
The Irish Government is also examining a report regarding abuse claims for girls who were consigned to work in laundries run by the Magdalene Sisters.
Further, after the apology to Child Migrants by both the Australian and UK Governments, there have been calls on the UK Government to set up a Child Migrant Redress Fund. We will keep you informed of developments in both Ireland and the UK.
Damages claims
A further alternative is to pursue a damages claim against the perpetrator. The difficulty in suing for damages is that often where the sexual abuse has been perpetrated on a child, it is many years before the victim has the emotional fortitude to confront the abuser and deal with their abuse.
Common law or civil claims for damages in sexual assault claims where the injury occurred to a child must generally be brought by age 28. It is also possible to bring a claim within 12 years of your 25th birthday if you were unaware that you had suffered an injury as a result of the abuse ie by age 37.
Where the victim is over the age of 37, it will be necessary to seek an extension of time in order to pursue the damages claim. If you are between the age of 28 and 37, it will be necessary to show that you only became aware of the “discoverability of the cause of action” within three years prior to the issuing of proceedings.
What size claims can I make against institutions?
If you were abused whilst in an institution, such as an orphanage, church group or school, you may be entitled to sue the institution for compensation.
It is true that there are difficulties in suing institutions. This is because the law states that an employer cannot be held vicariously liable for the criminal actions of an employee, unless it can be shown that the employer knew or should have known of the conduct of their staff member.
Some institutions, including many of the Churches, have taken further steps to protect themselves legally against claims for compensation by removing themselves from the entity in which the crime may have been committed so that there is no legal entity left to sue.
Having said that, our expert team has handled hundreds of cases against institutions and has developed a protocol for negotiating settlement with the State and other organisations in whose care children were placed.
What to do next
If you have a professional or personal interest in these matters, including the Royal Commission on Child Sex Abuse and campaigns for justice and compensation from various governments and religious institutions, you can follow and subscribe to Angela Sdrinis’ blog on our website.
If you have been a victim of abuse or any other crime, or know of someone who has, please call or find us at an office near you.
If you have been a victim of abuse or any other crime, or know of someone who has, please call or find us at an office near you.
40 years in the law
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