Military & Institutional Abuse

You may be eligible for a National Redress payment if:

• You suffered sexual abuse
• The abuse happened before 1 July 2018
• An institution was responsible for bringing you into contact with the person who abused you.
• You were born before 30 June 2010.
• You are an Australian resident or citizen.

You may be eligible for Civil Action if:

• You suffered sexual abuse
• You were under the age of 18 when you were abused

In some states, you may be able to make a claim for other forms of abuse.

To find out whether you are eligible in these circumstances please contact us on 1800 838 481.

If an institution was not responsible for bringing you into contact with the person who abused you, please contact us to find out more about your rights.

Redress payments can range from less than $10,000 through to $150,000. Each claim is assessed on an individual basis.

The amount of damages you receive will vary depending on a number of factors including:

• Your age at the time of the abuse
• The type and frequency of abuse you suffered
• The extent of the injury caused by the abuse
• The extent the injury has impacted your life such as your pain and suffering, enjoyment of life and earning potential

If an institution was not responsible for bringing you into contact with the person who abused you, it can be difficult to receive a payment of damages from the person directly. If this applies to you, please contact us to speak to our expert legal team.

A claim for damages is usually subject to a limitation period applicable to the state where the abuse occurred.

If you were a child at the time of the abuse you may not have a time limit as most states have removed the time frame for making claims for historical childhood abuse.

We recommend contacting us to discuss the time limits applicable to your claim.

Claims for redress under the National Scheme must be made prior to 30 June 2027.

Here at LHD Lawyers, we understand the stress and trauma that comes from not only being in active service, but then having an injury or illness impact your standard of living. Your current financial position should not be a barrier to you receiving fair and impartial legal advice, which is why we are proud to offer our No Win No Fee arrangement for all of our compensation clients.

No Win No Fee ensures that only if your case is successful will you need to pay our legal fees (which will be agreed up-front). If your claim does not succeed and you do not receive compensation, then you will not be required to pay any legal fees.

Please note that you may incur additional costs during your case such as the cost to retrieve medical records or acquire expert reports. You will be fully notified and your approval required before we proceed with any of these.

You may contact us for an obligation free consultation to discuss your eligibility and potential entitlements.

Serious abuse means sexual abuse, serious physical abuse or serious bullying or harassment which occurred between two (or more) people who were employed in Defence at the time.

• Current or former serving member
• You were a minor at the time (i.e. under the age of 18 or 21 depending on the age of majority at the time of the abuse)
• You have suffered a permanent injury (physical or psychological)

To apply for a reparation payment under the Scheme, you must contact the Ombudsman’s Office (the Office) by 30 June 2022 and either:

• Submit a report of the abuse you experienced in Defence, or
• Provide a written notification that you intend to submit a report of abuse. If you notify us you intend to submit a report, you must submit the full report by 30 June 2023.

People who do not submit their report or intention to report to the Ombudsman’s Office by 30 June 2022, will not be eligible to receive a reparation payment under the Scheme.

• Non-consensual sexual acts such as rape, sexual contact and initiation ceremonies
• Serious physical abuse such as bashings, beatings and injury caused by bastardisation
• Psychological injury caused as a result of serious abuse

The amount of damages you receive will vary depending on a number of factors including:

• Your age at the time of the abuse
• The type and frequency of abuse you suffered
• The extent of the injury caused by the abuse
• The extent the injury has impacted your life such as your pain and suffering, enjoyment of life and earning potential.

There are two possible payments which the Ombudsman may recommend:

• A payment of up to $45,000 to acknowledge the most serious forms of abuse
• A payment of up to $20,000 to acknowledge other abuse involving unlawful interference accompanied by some element of indecency.

If the Ombudsman recommends one of these payments, an additional payment of $5,000 may also be recommended where the Ombudsman is satisfied that Defence did not respond appropriately to the incident of abuse

• A claim for damages is subject to a limitation period applicable to the state where the serious abuse occurred. We recommend contacting us to discuss the time limits applicable to your claim.
• If you were a child at the time of the serious abuse you may not have a time limit. Most states have removed the time frame for making claims for historical childhood abuse.
• An application for a reparation payment must be lodged with the Commonwealth Ombudsman prior to 30 June 2021.

Here at LHD Lawyers, we understand the stress and trauma that comes from not only being in active service, but then having an injury or illness impact your standard of living. Your current financial position should not be a barrier to you receiving fair and impartial legal advice, which is why we are proud to offer our No Win No Fee arrangement for all of our compensation clients.

What does this mean? No Win No Fee ensures that only if your case is successful will you need to pay our legal fees (which will be agreed up-front). If your claim does not succeed and you do not receive compensation, then you will not be required to pay any legal fees. Please note that you may incur additional costs during your case such as the cost to retrieve medical records or acquire expert reports. You will be fully notified and your approval required before we proceed with any of these.

You may contact us for an obligation free consultation to discuss your eligibility and potential entitlements.