What is Military abuse?
Military abuse refers to any form of mistreatment or harm inflicted on individuals by members of a military organization. This can include physical violence, sexual assault, emotional abuse, or any other behavior that violates a person’s basic human rights and dignity.
Examples of military abuse may include hazing rituals or initiation ceremonies that involve physical or psychological harm, discrimination or harassment based on gender, race, or sexual orientation, and the use of excessive force or torture during interrogations or prisoner interrogations.
Military abuse can have serious and long-lasting effects on victims, including physical injuries, psychological trauma, and a loss of trust in military institutions. It is important for military organisations to have strong policies and procedures in place to prevent and address instances of abuse, and for victims to have access to support and resources to help them heal and recover.
Damages may be sought by commencing a claim against the Australian Defence Force for pain and suffering, financial losses and medical expenses caused as a result of serious abuse.
A reparation payment may be sought first by lodging a complaint of serious abuse with the Commonwealth Ombudsman. Once lodged, the Ombudsman may then decide to make an award of financial reparation.
What is institutional abuse?
Institutional abuse is a form of mistreatment or harm that occurs within an organisation or institution, such as a care home, hospital, or prison. It involves the abuse of power and a failure to protect individuals from harm or neglect within the institution’s care.
If you experienced sexual abuse as a child, you may be entitled to compensation through the National Redress Scheme or a Civil Action.
Examples of institutional abuse may include neglect of basic needs, such as food, water, and hygiene, physical or emotional abuse by staff members, or a lack of appropriate medical care. It can also include the failure to investigate or address reports of abuse or neglect, or the creation of a culture within the institution that tolerates or even encourages abusive behaviour.
Institutional abuse can have serious and long-lasting effects on individuals, including physical injuries, psychological trauma, and a loss of trust in institutions. It is important for institutions to have strong policies and procedures in place to prevent and address instances of abuse, and for victims to have access to support and resources to help them heal and recover.
*Due to local restrictions, we can’t show certain information about our legal services in Queensland. For QLD specific information please visit our page on military compensation law to access relevant information.
What is the National Redress Scheme?
The National Redress Scheme is an Australian government initiative to provide support and compensation to survivors of institutional child sexual abuse. The scheme was established in response to the findings of the Royal Commission into Institutional Responses to Child Sexual Abuse, which exposed widespread abuse and cover-ups in institutions such as schools, churches, and government agencies.
Under the National Redress Scheme, survivors who were abused while in the care of an institution can apply for redress, which can include a monetary payment, access to counselling and psychological support, and a direct response from the institution responsible for the abuse. The scheme is intended to provide a more streamlined and consistent approach to redress, and to avoid the need for survivors to go through lengthy and traumatic legal proceedings to seek compensation.
To be eligible for redress under the scheme, survivors must have experienced sexual abuse before turning 18 years old while in the care of an institution that has joined the scheme. Institutions can choose to opt-in to the scheme, and once they do so, they are required to meet their obligations under the scheme, including providing a response to survivors’ claims and contributing to any compensation payments.
The National Redress Scheme is a significant step towards acknowledging and addressing the harm caused by institutional child sexual abuse in Australia and provides an important avenue for survivors to seek support and redress for the trauma they have experienced.
What can you claim for?
If you have suffered abuse in Australia, you may be able to claim compensation for a range of losses and damages that you have suffered as a result of the abuse. The types of compensation you can claim for abuse can vary depending on the type of abuse, the circumstances of the abuse, and the laws of the state or territory where the abuse occurred.
In general, you may be able to claim for the following types of compensation:
- Pain and suffering: This includes compensation for physical and emotional pain and suffering you have experienced as a result of the abuse.
- Medical and counselling expenses: This includes compensation for the cost of medical treatment and counselling you have required as a result of the abuse.
- Loss of income: If you have been unable to work as a result of the abuse, you may be able to claim compensation for the income you have lost.
- Care and assistance: If you require ongoing care and assistance as a result of the abuse, you may be able to claim compensation for the cost of this care.
- Legal costs: You may be able to claim for the legal costs associated with your claim for compensation.
The amount of compensation you can claim will depend on the individual circumstances of your case, including the severity of the abuse and the losses you have suffered as a result. It is recommended that you seek legal advice from a specialist abuse compensation lawyer to determine your eligibility for compensation and to assist with your claim. They can guide you through the process and help you to maximise the amount of compensation you are entitled to.
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FAQs
How do I make an institutional or military abuse claim?
If you believe that you have experienced institutional or military abuse and wish to make a claim through LHD Lawyers, you can follow these steps:
- Contact LHD Lawyers: You can contact LHD Lawyers by phone or email to discuss your situation and determine whether you have a valid claim for institutional or military abuse. LHD Lawyers has a team of experienced lawyers who specialize in these types of cases and can guide you through the process.
- Provide information: To support your claim, you will need to provide LHD Lawyers with information about the abuse you experienced, including the institution or military organization where it occurred and any details about the abuser. It is also helpful to provide any medical or psychological reports related to the abuse.
- Begin the legal process: Once LHD Lawyers has reviewed your information and determined that you have a valid claim, they will begin the legal process of pursuing compensation on your behalf. This may involve gathering evidence, negotiating with the institution or military organisation responsible for the abuse, and possibly commence legal proceedings if necessary.
- Receive compensation: If your claim is successful, you may receive compensation for any physical, emotional, or financial harm you have suffered as a result of the abuse. This may include payments for medical expenses, lost income, and pain and suffering.
It is important to note that making a claim for institutional or military abuse can be a complex and emotional process, and it is crucial to seek support and guidance from experienced lawyers like those at LHD Lawyers. We can provide you with the legal expertise and emotional support you need to navigate the process and achieve the best possible outcome for your case.
What are some examples of the institutional abuse I can claim?
Victims of institutional abuse may be able to claim compensation for a range of losses and damages they have suffered as a result of the abuse. Institutional abuse refers to abuse or neglect that occurs within an institution, such as a school, church, or care facility.
The types of institutional abuse that victims may be able to claim compensation for include:
- Physical abuse: This includes any form of physical harm, such as hitting, punching, or restraint.
- Sexual abuse: This includes any form of unwanted sexual contact, such as rape, fondling, or indecent exposure.
- Emotional or psychological abuse: This includes any behaviour that causes emotional or psychological harm, such as bullying, verbal abuse, or intimidation.
- Neglect: This includes the failure to provide adequate care, such as food, shelter, or medical attention.
Victims of institutional abuse may be able to claim compensation for a range of losses and expenses, such as medical and counselling expenses, lost wages, pain and suffering, and loss of enjoyment of life. The amount of compensation will depend on the individual circumstances of the case, including the severity of the abuse and the losses suffered.
It is recommended that victims of institutional abuse seek legal advice from a specialist abuse compensation lawyer to determine their eligibility for compensation and to assist with their claim. They can guide victims through the process and help them to maximise the amount of compensation they are entitled to.
Examples of where abuse can occur?
Abuse can occur in various settings. Some examples of where abuse can occur include:
- Care facilities: Abuse may occur in aged care facilities, disability care facilities, or mental health facilities. This can include physical, sexual, emotional or psychological abuse, as well as neglect.
- Schools and educational institutions: Abuse may occur in schools, boarding schools, or residential colleges. This can include bullying, sexual abuse, physical abuse, emotional or psychological abuse, or neglect.
- Religious institutions: Abuse may occur within religious institutions, such as churches, synagogues, or mosques. This can include sexual abuse, physical abuse, emotional or psychological abuse, or neglect.
- Sporting organisations: Abuse may occur within sporting organisations, such as clubs or teams. This can include physical abuse, emotional or psychological abuse, or neglect.
- Youth detention centres: Abuse may occur within youth detention centres or other juvenile justice facilities. This can include physical, sexual, emotional or psychological abuse, as well as neglect.
It is important to note that abuse can occur in any setting, and victims of abuse should seek legal advice if they believe they have been mistreated. A specialist abuse compensation lawyer can assist victims in understanding their legal rights and options for seeking compensation.
Am I eligible for a National Redress payment?
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.
Am I eligible for Civil Action?
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.
How much compensation will I receive?
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.
How much will it cost to submit my institutional abuse claim?
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.
What is serious abuse?
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.
Am I eligible for a damages payment?
- 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)
What do I need to do to apply for a reparation payment?
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.
How much in damages will I receive?
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.
How much in reparation will I receive?
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
How long do I have to make a military abuse claim?
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.
How much will it cost to submit my military abuse claim?
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.
Why Use LHD Lawyers?
If you have experienced institutional or military abuse in Australia, we understand that it can be a traumatic and difficult experience to navigate. At LHD Lawyers, we are committed to providing support and assistance to survivors of institutional and military abuse, and helping them to obtain the justice and compensation they deserve.
Our experienced and compassionate lawyers have a deep understanding of the complex legal issues surrounding institutional and military abuse cases and are dedicated to fighting for the rights of survivors. We are here to help you every step of the way, from providing a safe and supportive environment in which to share your story, to guiding you through the legal process and ensuring that you receive the maximum compensation available.
If you have suffered abuse in a care facility, school, religious institution, sporting organisation, youth detention centre and any other institutional setting or in a military organisation we encourage you to contact us today to discuss your options for seeking justice and compensation. Our initial consultations are free of charge, and we operate on a no-win, no-fee basis, meaning that you do not pay any legal fees unless we win your case.
Don’t suffer in silence any longer. Contact LHD Lawyers today and let us help you to obtain the justice and compensation you deserve.
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