Survivors of institutional child sexual abuse deserve more than acknowledgment – they deserve justice, accountability, and access to the full compensation they are legally entitled to.
While the National Redress Scheme (NRS) was established to provide recognition and support, it is not the only path available – and often not the one that provides adequate redress. Survivors who accept NRS payments permanently give up their right to pursue a civil claim, even when their case may be worth significantly more.
If you experienced child sexual abuse in an institution, it is never too late to seek justice.
In 2016, NSW removed all time limits on child abuse claims. Survivors can now bring civil claims at any time – even decades later.
- There is no statute of limitations
- Claims are fully retrospective, no matter when the abuse occurred
- Civil action can be taken against churches, schools, state-run homes, care providers, and other institutions
You do not need a police report or criminal conviction to pursue a civil claim.
Institutional abuse involves sexual exploitation, grooming, or assault by individuals in positions of trust within organisations where children were meant to be safe. These institutions include:
- Religious bodies (e.g. churches, dioceses, faith-based schools)
- Boarding schools and private educational institutions
- Foster care and residential care facilities
- Juvenile justice centres
- Government-run institutions and homes
- Sports clubs, youth organisations, and community groups
- Hospitals and disability care facilities
In many cases, institutions failed not just to protect children, but actively concealed or enabled abuse. Civil claims allow survivors to seek accountability – and compensation – for that failure.
Institutional child sexual abuse can have profound and ongoing effects, including:
- Psychological injuries such as PTSD, depression, and anxiety
- Relationship and trust issues, affecting personal and family life
- Disrupted education and career paths, leading to long-term financial harm
- Substance abuse, self-harm, and chronic health conditions
Compensation cannot undo harm, but it can provide resources for care, security, and rebuilding a life with dignity and independence.
While the NRS may seem like an accessible option, it comes with significant restrictions:
- Payments are capped at $150,000 (with average payments around $80,000)
- No compensation for lost income or superannuation
- Counselling is limited to 22 hours, regardless of need
- Not all institutions participate, meaning some survivors are excluded
- Accepting payment ends your right to make a civil claim, even if your case is worth more
We encourage survivors to speak to a lawyer before accepting an NRS payment to fully understand the alternatives.
Civil claims are based on the individual impact of the abuse – not a fixed cap. Through a civil claim, you may be entitled to:
For pain, suffering, and the psychological impact of abuse. These damages are not capped and often exceed $1 million.
For past and future income loss, including superannuation and disrupted career progression.
For counselling, psychiatric support, medication, and long-term therapy needs.
Including relocation, home modifications, legal fees, and care-related expenses.
Where applicable, for misconduct or deliberate concealment of abuse by the institution.
Unlike the NRS, a civil claim provides a more complete reflection of what you’ve experienced and what support you need moving forward.
Institutions and insurers are unlikely to offer fair settlements without legal pressure. Survivors without legal advice often settle for significantly less than they are entitled to.
At Fern Lawyers, we:
- Build strong claims based on medical and historical evidence
- Ensure institutions are held accountable
- Help you receive recognition for the full impact of abuse
- Work on a No Win, No Fee basis – you only pay if we succeed
We have helped many survivors achieve meaningful outcomes that restore a sense of justice and stability.
We listen without judgment and help you understand your options.
We gather medical records, institutional documents, and any available evidence to build your case.
Most cases resolve through confidential settlement negotiations. We only go to court when necessary.
We ensure your compensation is paid in full and provide guidance for ongoing care and financial security.
Free, Confidential Consultation
Phone: (02) 9098 4778
Email: contact@fernlawyers.com.au
Website: www.fernlawyers.com.au
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No matter where you are in the state, we can help.
You are not alone. If you’re considering legal action or unsure about your options, we’re here to help.
Disclaimer
This page contains general information only and does not constitute legal advice. Every case is different and outcomes will depend on your personal circumstances and the specific facts of the matter.
Please speak with a solicitor before making decisions regarding a National Redress Scheme payment or civil claim.
