State ward abuse lawyers

If you were a ward of the state and experienced abuse while in care, you are not alone, and you may be entitled to compensation.

Former wards of the state were placed under the legal guardianship of government authorities. That means the state had a duty of care to protect you, regardless of where you were placed or how long ago the abuse occurred.

Our experienced abuse lawyers help former state wards understand their legal rights and act in a way that is respectful, trauma‑informed and on your terms.

Were you a ward of the state?

A ward of the state (also known as a state ward or child under state care) is a child who was removed from their parents’ care and placed under the legal responsibility of a state or territory government.

This may have happened because:

• child protection authorities believed you were at risk of harm
• your parents were unable to care for you
• a court order placed you in state care

Many people who were wards of the state don’t remember the exact legal terminology at the time, you may simply remember being “in care”, “taken by the state”, or “moved between places.”

All of these experiences may fall under state wardship

Abuse in state care can happen in many settings

Former wards of the state were often moved between different placements. You may have experienced abuse in one or several of the following environments:

• foster care placements
• children’s homes or group homes
• residential care facilities
• youth detention centres or training schools
• supported or transitional accommodation

You do not need to know the exact name of every placement, remember dates, or identify a single institution to seek legal advice. We understand that memories can be fragmented, especially when trauma is involved.

Government responsibility for state ward abuse

When you were a ward of the state, the government assumed legal responsibility for your safety and well-being. This means:

• the State had a duty to protect you from harm
• government departments may be legally liable for abuse that occurred while you were in their care
• claims can often proceed even if the abuse happened in foster care, detention, or another facility

In many cases, liability does not rest solely with an individual or organisation; it rests with the state itself.

Are there time limits for former wards of the state?

In most cases, time limits for child abuse claims have been removed or significantly extended following the Royal Commission into Institutional Responses to Child Sexual Abuse.

What this means for former state wards:

• for child sexual abuse, no time limits in any Australian state or territory
• for serious physical abuse, no time limits in states other than WA
• for other forms of abuse, it may depend on the type of abuse and where it occurred

Even if the abuse happened decades ago, you may still be eligible to bring a claim. Many former wards only feel ready to come forward later in life. The law now recognises this.

Factors that may affect state ward abuse compensation

The compensation available will depend on your individual circumstances, including the type and impact of the abuse you experienced.

Factors that may be considered include:

• the nature and severity of the abuse
• physical injury, emotional harm and long‑term psychological effects
• the circumstances of your care and placement

When you were a ward of the state, the government had a legal duty to protect you. In some cases, other organisations involved in your care may also be legally responsible.

You don’t need complete records to make a claim. Evidence may include:

• medical or psychological assessments
• witness statements
• expert reports, including analysis of systemic failures

If the state was involved in your care, you may still have a claim

Not everyone who experienced abuse as a child was formally described as a “ward of the state.”

Over time, different laws and court orders were used, and the language changed from state to state. In some cases, the state did not take full guardianship, but it still had legal responsibility or oversight of a child’s care.

If there was state involvement in your upbringing and you were abused, you may still have legal options, even if you were never told you were a state ward. Examples of state involvement can include:

• guardianship orders
• family preservation or supervision orders (where a child remained at home but under state oversight)
• custody orders placing a child with a foster family or extended family, with government supervision
• permanent care orders
• temporary or interim care orders

You might remember this as being “monitored by child services,” “having a case worker,” or being moved between homes and placements.

You don’t need to know what type of order applied to you, or even whether there was a formal order at all. Our lawyers can help investigate what responsibility the state held at the time and whether that gives rise to a compensation claim.

If the state had a role in your care and failed to protect you from abuse, accountability may still rest with the government.