Sexual Abuse Injury Claims

• There is no cap on compensation payments in a civil claim. The amount of compensation will be based on the severity of the injury and the impact it has had on the survivor’s life. The process is more complex and requires consideration of whether the claim can be successful against the perpetrator or institution.
• The National Redress scheme seeks to provide survivors recognition of institutional childhood sexual abuse.  The scheme remains open until 30 June 2027.  The amount paid out by the scheme is based upon the abuse and the maximum payment is $150,000.  A personal response or apology from the institution can be sought.  Counselling and psychological support can be obtained through the scheme.  There is no court process.  A decision will be made within 6-12 months, although can take longer depending on whether the institution is part of the scheme, or if serious criminal convictions are involved.

There is no time limit for bringing a civil claim for childhood sexual abuse.

It usually takes between 12 months to 24 months to negotiate a settlement but can take longer if court proceedings are required.

Your lawyer will help you tell your story in a trauma informed way in your own time. You will be required to obtain medical evidence to set out details of your injury so that the value of your claim can be assessed.

We encourage you to have others to support you through the claim process and can discuss that with you to provide the best approach tailored to your needs.

Yes you can.  Some special procedures can apply involving the public trustee but that does not prevent you from bringing a claim.

It can still be possible to bring a claim. This is a complex area where consideration has to be given as to whether the respondent could seek to apply for a ‘Stay’ of proceedings, which is where it is argued that the claim cannot be fairly defended because the perpetrator is deceased or incapacitated.

Claims can be brought against individuals. Consideration is given to whether the individual has assets to pay out compensation.

It is common for survivors to have gaps in memory. This does not mean that a successful claim cannot be made. There may be other evidence available.

Yes. In Queensland the law has also been changed so that claims for serious physical abuse may be brought at any time.

1. The conduct is sexual in nature
2. The conduct is unwelcome
3. The conduct is done either:
   1. With the intention of offending, humiliating or intimidating the target.
   2. In circumstances where a reasonable person would have anticipated the possibility that the target would be offended, humiliated or intimidated.

It includes uninvited physical intimacy such as touching in a sexual way, uninvited sexual propositions, and remarks with sexual connotations. Examples are sexual or suggestive comments, jokes or innuendo, intrusive questions about a person’s private life or body, staring or leering, sex-based insults or taunts.  We can discuss with you whether the conduct would be considered to be sexual harassment.

Sexual harassment does not have to be repeated it can be a single act.

Yes, if the harassment causes an injury (which includes psychiatric injury) to a worker and employment is a significant contributing factor to the injury then a claim may be made under the Workers’ Compensation and Rehabilitation Act 2003. Claims for statutory benefits need to be made to the workplace insurer within 6 months of the date of injury. Civil claims are to be brought within 3 years of the date of the injury.

A claim can be made to the Queensland Human Rights Commission. You have 12 months from the date the harassment started to make a claim.  There can be some exceptions so please discuss with a lawyer further if you are outside this timeframe.