Coming to terms with childhood abuse is never easy. And the thought of taking legal action, putting your experience into words and revisiting events that may have been years ago, can feel overwhelming. Know that even reaching this point takes strength.
Carbone Lawyers understand how complex and personal this process is. Survivors often question whether they’ll be believed, whether it’s too late to act, or whether pursuing a claim will simply reopen old wounds. These are real and valid concerns. But so is your right to seek justice, accountability, and closure, no matter when or where the abuse took place.
Understand what legal options exist for survivors of childhood institutional abuse in Victoria. We aim to explain the different types of compensation pathways, what kind of information might help support a claim, and how we can guide you at every step. Whether the abuse occurred at a home, school, institution or elsewhere, you’re not alone, and support is available.
You Are Not Alone: Why Survivors Seek Compensation
Seeking compensation isn’t only about financial relief. For many survivors, it’s about being heard, acknowledged, and believed. It’s about making institutions take responsibility and, in some cases, helping prevent further harm.
Some people pursue legal claims as part of their healing. Others do so to access support like therapy, housing, or medical treatment that was not available to them. In every instance, the reason is personal, and valid.
Compensation can’t erase what happened. But it can play a role in restoring your independence, dignity, and sense of control. It can also send a message that your experience matters, and that justice is possible.
Legal Options for Childhood Abuse Compensation in Victoria
Civil or Common Law Claims
This is a claim made through the civil court system, usually against an institution such as a school, church, or government body. To succeed, a few things must be proven, such as the institution owed you a duty of care, this duty was breached, and you suffered harm as a result.
Institutions can often be held legally responsible for the actions of their employees or representatives, a legal concept called vicarious liability. If your claim is successful, compensation may cover pain and suffering, lost income, future medical and care needs, and aggravated damages in certain cases.
Learn more about historical institutional abuse claims.
National Redress Scheme
This scheme was established by the Australian Government for survivors of institutional child sexual abuse. To be eligible, the abuse must have occurred before 1 July 2018, the institution must have been responsible for bringing you into contact with the abuser, and you must have been born before 30 June 2010.
The maximum payment is $150,000. The process is more straightforward than court proceedings and includes access to counselling and a personal apology. However, accepting a Redress payment means you cannot later sue the responsible institution through the courts. We strongly recommend legal advice before accepting an offer.
Importantly, since 2024, the scheme now permits applications from people who are or were incarcerated, offering long-awaited access to justice for a previously excluded group.
Sentencing Act Compensation (Section 85B)
If the perpetrator of the abuse has been convicted in a criminal court, you may be eligible for compensation under Section 85B of the Sentencing Act 1991. This application is made during or shortly after the criminal sentencing process.
Compensation can include pain and suffering, medical expenses, and the cost of counselling. However, payments depend on the financial means of the offender, and a lawyer will need to assess whether this pathway is viable in your circumstances.
What Information Can Strengthen Your Case
You don’t need to have all the answers to begin your claim. However, any details you can remember may assist your legal team in building a stronger case. Here’s what can help:
- Where the abuse occurred – specific locations, names of schools or institutions, and physical descriptions (e.g. dormitories, classrooms, religious sites).
- When it happened – approximate dates, school years, or general timeframes.
- Who was responsible – names (if known), physical descriptions, job titles or roles, and whether the person is still alive.
- What type of abuse occurred – physical, sexual, emotional, or psychological abuse; how often it occurred and for how long.
- Whether the abuse was reported – and if so, to whom (e.g. police, teachers, child protection, family), along with any documentation or outcomes.
Documents like school records, diaries, photographs, medical files, or previous complaints can also be useful in supporting your claim.
Understanding Time Limits
Some survivors hesitate to come forward because they believe it’s too late. But in Victoria, that’s often not the case.
- Civil claims: Due to the Limitation of Actions Amendment (Child Abuse) Act 2015, there is no time limit to bring a civil claim for childhood abuse.
- National Redress Scheme: Applications must be submitted by 30 June 2027.
- Sentencing Act claims: Must generally be made within 12 months of the abuser’s conviction or guilty plea.
We encourage you to seek legal advice as soon as you’re ready, particularly if you’re considering the Redress Scheme or a Sentencing Act application.
Addressing Common Fears and Misunderstandings
It’s normal to feel anxious or uncertain about starting a legal claim. These are some of the most common concerns we hear, and what you should know:
- “I don’t remember everything.” That’s okay. We’ll help you piece things together and investigate based on what you do remember.
- “Will I have to go to court?” Not usually. Most claims settle outside of court, and you will always be in control of how far your case goes.
- “What if the perpetrator has died?” You may still be able to bring a claim against an institution or organisation responsible for allowing the abuse to occur.
- “Can I start and then change my mind?” Yes. Starting a claim doesn’t lock you into anything. You’re always in control of the process.
- “I feel ashamed or afraid.” That is completely understandable. Our approach is trauma-informed, confidential, and supportive. You will never be rushed or pressured.
How Carbone Lawyers Supports You Through It All
Carbone Lawyers understand that pursuing compensation after childhood abuse is more than just a legal case, it’s a deeply personal journey. That’s why we take a trauma-informed approach from the start. And we explain everything clearly so you’re never left wondering what comes next. We offer:
- Free initial consultations
- No win, no fee on most personal injury claims
- Complete confidentiality and respect
Whether you’re ready to begin or just want to know where you stand, we’re here to help.
Take the First Step Towards Justice
You don’t need to be ready to take action today. But you deserve to understand your rights and options.
If you’re unsure whether you’re eligible, or just need someone to talk to who understands the legal and emotional landscape of childhood abuse claims, reach out. We’re here when you’re ready.Contact Carbone Lawyers today.
