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Foster care abuse lawyers – legal support for survivors

Maurice Blackburn Abuse lawyer Lily
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Australia’s #1 plaintiff law firm

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At Maurice Blackburn, we stand with survivors of institutional abuse. Whether the abuse happened years ago or more recently, you have the legal right to seek justice and compensation. Our role is to guide you through the legal process with empathy, clarity, and strength.

Institutional abuse refers to physical, sexual, psychological, or emotional harm or neglect, that occurs within organisations entrusted with care or authority. It often arises in environments  with significant power imbalances, where accountability is limited or entirely absent.

Unlike isolated incidents, institutional abuse tends to reflect deeper systemic failures, such as poor oversight, toxic cultures of silence, or wilful negligence. Recognising the institution’s role in enabling abuse is a crucial step towards healing and accountability.

Institutional abuse can happen anywhere a person is under the care, custody or supervision of an organisation. These environments often involve situations where individuals are vulnerable and protection is expected.

Common environments include:

  • schools: including public, private, and boarding schools.
  • religious institutions: churches and affiliated organisations.
  • foster care and out-of-home care: including state or private placements.
  • youth detention and correctional centres: where oversight may be limited.
  • aged care facilities: where mistreatment of elderly Australians may go unreported.
  • The Australian Defence Force (ADF): including military training environments and cadet programs.
  • state-run institutions: such as hospitals, prisons and state departments.
  • sporting clubs: includes any youth sporting environment, such as football, tennis or cricket.

You may be eligible to make a claim if:

  • You are a survivor of abuse- as a child or vulnerable adult at the time.
  • You are a family member of someone who has passed away or is unable to make a claim themselves.

There is no standard timeframe for healing, and for many survivors, it takes years to come forward. In many cases of historical abuse, particularly child sexual abuse, Australian legislation provides flexibility around timeframes.

Examples of eligible scenarios include:

  • Children abused in boarding schools or religious schools
  • Former wards of the state harmed in care
  • Adults abused during military training
  • Individuals subjected to abuse in group homes or sporting clubs

Survivors may be entitled to compensation for:

  • Pain and suffering
  • Loss of income and earning potential
  • Psychological support and medical costs
  • Ongoing care, counselling or therapy

Depending on your circumstances, compensation may be provided as a lump sum or through structured settlements. Both economic and non-economic losses are considered.

Legal pathways to justice

We understand that there’s no one size fits all solution to seeking justice. Our experienced institutional abuse lawyers can help you understand your options and choose the path that best suits your circumstances.

Your options may include:

  • civil claims - against the institution or responsible parties
  • criminal proceedings - handled separately from compensation claims
  • redress schemes - run by churches, schools, or government agencies
  • class actions or group litigation - where multiple survivors pursue justice claims together
  • public inquiries - or receiving formal institutional apologies

We’ll help guide you through each pathway and support you in choosing the option that best meets your needs.

Understanding the National Redress Scheme

The National Redress Scheme is a government program for survivors of institutional child sexual abuse. The scheme offers:

  • lump sum compensation of up to $150,000
  • access to counselling and psychological support
  • a direct personal response, such as a written or face-to-face apology

Eligibility depends on the institution’s participation and the type of abuse experienced. 

To learn more about the National Redress Scheme, click here.

Time limits for institutional abuse claims

Following the Royal Commission into Institutional Responses to Child Sexual Abuse, all Australian states and territories have removed time limits for child sexual abuse claims.

This means survivors can now make a claim regardless of when the abuse occurred, whether it was 10 or 50 years ago.

Similar reforms have removed time limits for serious physical abuse in every state and territory except Western Australia, whether restrictions still apply.

However, some limitations may still apply to other forms of abuse or adult cases. Even if your experience happened many years ago, it’s important to seek legal advice when you're ready. Taking action early can make it easier to gather evidence and strengthen your claim.

If you’re unsure of your options, our experienced lawyers can explain your rights and guide you through the process.

What are my next steps to make an abuse claim?

  1. 1. Talk to us

    Tell us your story. We will listen, and believe you. We work on cases like this all the time.

  2. 2. We'll review everything, together

    We will go through the details of your case, and explain your choices. You won't have to tell your story over and over.

  3. 3. Start your legal claim

    We will build the evidence and lodge the claim on your behalf.

  4. 4. Seek justice

    We're on your side, standing up for what's right. We'll fight to have your voice heard.

Our lawyers will work with you through every step of the process

Maurice Blackburn is one of Australia’s most trusted law firms in institutional abuse law. Our experienced lawyers provide compassionate, effective and trauma-informed representation ensuring our clients receive the justice they deserve. We also work on a No Win, No Fee basis and offer free initial consultations. 

searchTrauma-informed legal support

We understand how confronting and difficult this process can be. That’s why we use a trauma-informed approach, which means:

  • letting you lead the pace and style of communication
  • offering you choices throughout the legal process
  • working alongside your counsellors or support workers
  • ensuring that your voice and your wellbeing are prioritised
     

searchKey legal reforms and precedents

Australia has made significant legal reforms in response to institutional abuse. These include:

  • Abolition of the ‘Ellis Defence’ in Victoria, which had previously prevented claims against some religious institutions.
  • Royal Commission findings, which exposed widespread systemic failures and led to major legal reform.
  • Amendments to Civil Liability and Limitation Acts, allowing historical claims to be heard.

These reforms have empowered many survivors to finally come forward.

Frequently asked questions (FAQs)

Yes. Time limits have been removed for many cases, especially for child sexual abuse.

Not usually. Most matters are resolved through negotiations. But if court is necessary, we’ll support and advocate for you every step of the way.

Yes. We take your privacy seriously and will take steps to protect your identity throughout the process.

Most claims resolve within 12 to 24 months, depending on their complexity. We’ll give you realistic timelines and keep you informed with regular updates throughout the process.

Our lawyers will work with you through every step of the process

Take the first step towards justice and support. Our team of dedicated institutional abuse lawyers is here to listen to your story and provide expert legal assistance and support.

Contact us today for a confidential, no-obligation consultation.

Need to speak to us sooner? Call us on 1800 111 222.


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No Win, No Fee

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Client-focused support

Contact our expert insitutional abuse lawyers

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We have experts all over Australia to help you with your claim. 

Danielle De Paoli

Danielle De Paoli

Special Counsel, Childhood abuse, Public place injury, Road injury, Work injury

  • Sydney, NSW
  • (02) 9806 7210
John Rule

John Rule

Principal Lawyer, Childhood abuse

  • Melbourne, VIC
  • (03) 8102 2043
Heather Kerley

Heather Kerley

State Team Leader, Senior Associate, Childhood abuse

  • Sunshine Coast, QLD
    Darwin, NT
  • (07) 5430 8713
Hugo Seymour

Hugo Seymour

Associate, Childhood abuse

  • Perth, WA
  • (08) 6220 4306

Office locations

We’re here to help. Get in touch with your local office.

Select your state below

We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.