For many survivors, seeking compensation can support with the financial, physical, psychological and emotional impacts of abuse. It can also help with past or future treatment costs.
This information explains your options for financial compensation. Each option has its own process, timeframe, and possible outcome.
Support is available to help you explore these options, when you feel ready.
Some things to remember
- Take your time. There’s no rush to make decisions. You can take time to think about what’s right for you.
- Every situation is different. There are lots of reasons why what works for one person might not be right for another.
- It’s your choice. Support services and lawyers should respect your choices and work at your pace.
- Consider support. Counselling or support services can help you process your experiences and think about what you might want to do.
Bringing a legal claim against the Department of Education
If you were a student at a Victorian government school and were sexually abused by an adult who worked there, you may be able to take legal action against the Department of Education to seek compensation for the harm you experienced.
Making a legal claim means taking civil action against the Department through the court system. This is sometimes called a civil claim, personal injury claim, or negligence claim. It is different from a criminal process, which involves reporting the abuse to the police.
You can still make a legal claim even if you have never reported to the police and even if the person who harmed you has died.
The process
Legal claims typically involve:
- seeking legal advice
- your lawyer gathering evidence -
- this is likely to include medical reports and an examination by an independent medical practitioner, financial documents (such as payslips, receipts for expenses) and your own written account of the abuse and the impact this has had on you. This evidence will help you and your lawyer work out how much compensation you will claim.
- your lawyer preparing the claim using the evidence
- the department gathering evidence and responding to the claim
- both sides preparing other formal legal documents
- negotiations between you or your lawyer and the department
- potentially going to court.
The Department of Education is committed to following the Victorian Government’s Common Guiding Principles that provide guidance on how departments should respond to civil claims involving allegations of child sexual abuse, and the Model Litigant Guidelines which set standards for how the state should behave when handling claims and legal proceedings.
Throughout this whole process, the department can pay for you to access counselling with a practitioner of your choice. This is fully-funded, at no cost to you. More information on counselling support options is available at Counselling support for victim-survivors.
At the end of your claim you can receive a personal acknowledgement and an apology from the Department of Education. This could be in the form of a letter or an in-person meeting with a senior representative of the department.
More information is available at Personal acknowledgement and apologies for victim-survivors.
Important to know: Bringing a legal claim can be emotionally challenging and may take time to resolve. It’s worth getting your own legal advice to understand whether this option is right for you. A lawyer can help you decide if making a legal claim would be more helpful than other pathways based on your situation.
You can find more information about the claims process, including the department manages civil claims, at Claims Process - survivors of sexual abuse in Victorian government schools.
Getting help
If you would like to make a claim, we encourage you to seek independent legal advice. An independent lawyer can give you information about your options.
There are a lot of law firms that specialise in institutional abuse claims.
The following organisations may also be able to help you:
- Victims Legal Service – Victorian government
- Knowmore – free independent legal advice and support for survivors of child abuse
- Law Institute of Victoria referral service
- Victoria Legal Aid.
National Redress Scheme
The National Redress Scheme is an option for people who experienced child sexual abuse in an institution before 1 July, 2018. It will run for 10 years, concluding on June 30, 2028 (applications must be lodged by 30 June 2027). It is designed to be simpler and more accessible than going through the courts.
What can you get through the National Redress Scheme
- Lump sum payment (up to $150,000)
- Free counselling and psychological care
- A direct personal response from the institution (if you want one). This could be an in-person meeting, a letter or both.
The process
The National Redress Scheme aims to make applying as simple as possible. You don't need to go through a court process to apply. But it can still take some time for your application to be assessed, and it may be emotionally challenging to describe your experience and how it has affected your life.
For more information and to apply, visit National Redress Scheme.
Important to know: If you accept a National Redress payment, you usually can't take legal action in court against the department for the same abuse. It's a good idea to get legal advice about this before deciding.
Getting help
Redress Support Services are free, confidential and independent. They offer:
- help with completing your application
- emotional and practical support throughout your engagement with the National Redress Scheme.
Specialist support services are available for:
- First Nations peoples
- people from diverse cultural or language backgrounds
- people with disability
- young people
- women
- men
- care leavers
- former child migrants.
A list of Redress support services for each state and territory is available on the National Redress Scheme website.
Victims of Crime Financial Assistance (FAS)
The Victims of Crime Financial Assistance Scheme (FAS) provides financial assistance for victims of violent crime and their family members. This can include money for:
- counselling
- medical expenses
- loss of income, past and future
- other recovery expenses.
Who can apply for FAS
- People who have been injured, either mentally or physically, by a violent crime in Victoria, including survivors of sexual abuse.
- Generally, you need to report the crime to police, unless there are special circumstances. But, the offender does not need to be charged or convicted.
- For sexual offences, usually you need to apply within 10 years of when the offending happened. But, there is no time limit if the victim was under 18 at the time of the sexual offending.
The process
For more information and to apply, see Financial Assistance Scheme.
Important: You can still bring a legal claim or National Redress Scheme application even if you have received support through FAS. The compensation you received from the scheme might be taken into account when calculating the amount of money you may be eligible for through a legal claim or redress application.
Getting help
The Victims Legal Service is available to help you make an application to FAS.
More information and the helpline phone number is available at Victims Legal Service.
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