Abuse, whether sexual, physical or mental, profoundly
impacts victims and their families.
Where you, or someone you know, has been the survivor of abuse it is important that you receive
advice about when you have an entitlement to seek compensation for the injuries sustained.
We will guide you and give you the confidence to make things right.
Our team have represented clients in civil matters against schools, clergy and religious institutions,
Government bodies and departments, and police and corrections organisations.
What can you claim for?
There are a number of types of claims that can be made, that also vary in the amount and kind of compensation that you can receive.
For example; an application for compensation from the Victims of Crime Assistance Tribunal (or "VOCAT"); or where a criminal conviction has occurred compensation pursuant to Section 85b of the Sentencing Act; and/or a civil claim for damages for the injuries received; and/or an application for compensation pursuant to the National Redress Scheme. In addition, the Catholic Church and other organizations have a number of programs where Informal Settlement Conferences can be utilised to receive compensation without the need to file Court proceedings.
Generally, compensation can be sought for pain and suffering, loss of earning capacity and medical and like expenses.
Understanding time limits
This varies depending on the type of claim you can make, and can vary anywhere from 12 months from the date of a criminal conviction, to 12 years from reaching the age of 25 years, to no time limit at all.
It is possible to get an extension of time to bring proceedings in certain circumstances.
We offer no-win, no-fee
Generally Robinson Gill Lawyers act for survivors of abuse where they believe there is a reasonable prospect of success, on a "no win, no fee" basis. This does not include out of pocket expenses such as Court fees and expert fees, however, Robinson Gill supports the non-profit organisation Law Aid which may be willing to fund such out of pocket expenses depending on your financial situation.
A relevant consideration in any abuse case is the ability to recover compensation from the potential individual Defendant. This may be via their personal assets and/or income. Further, consideration is also given as to whether a claim may be able to be made against an institution if the abuse occurred in that context, as there then may be an insurer that would pay the compensation.
Speak with a lawyer.
Our team of Injury Law Accredited Specialists will work with you to ease the burden of making a claim and help you seek justice.
Jeremy King.
Principal.
- Injury Law & Police Misconduct
- 03 9890 3321
- Email Address: j.king@robinsongill.com.au
Additional online resources.
Often victims of institutional abuse crime and their families find online resources a good place to start understanding what they can claim for.
View OptionsNational Redress Scheme website
The Redress Scheme is in response to the Royal Commission into Institutional Responses to Child Sexual Abuse. The website includes information about the application process and available support services.
Visit National Redress Scheme websitePolice misconduct website
For police misconduct situations, we have a separate website which includes resources and an online, claim assessment tool.
Visit Robinson Gill's police misconduct websiteResources & FAQs
Answers to common questions in
relation to the expertise.
WorkCover: You cannot be serious!
John McEnroe’s famous edict can strike a shiver down the spine of any plaintiff personal injury lawyer. This is because proof of ‘serious injury’ is the threshold for making a common law claim for damages under either the WorkCover or TAC schemes.