Child Abuse Lawyers

If you are an abuse survivor, our lawyers are here to provide you with the support you need. We will ensure your matter is handled with care and respect.

Supporting Child Sexual Abuse Survivors  

Our personal injury lawyers are experienced in representing people who have suffered physical and psychological trauma as a result of institutional child sexual abuse.

We approach every case with empathy, compassion, and sensitivity from the moment they pick up the phone. When you contact the Abuse Team at Bradley Bayly Legal, all new enquires are handled by our dedicated team member, Kirsty Pratt.

Kirsty is a survivor and long-term advocate for survivors. She has a personal understanding of the complex emotions you may experience on your first phone call to seek justice.

At Bradley Bayly Legal, we understand you are contacting us during a difficult time. Every member of our team has undertaken extensive training on trauma-informed practice and is dedicated to ensuring you feel comfortable and supported throughout the entire process.

If you would like to discuss your case with us, contact our office to arrange an obligation-free consultation.

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Child Abuse Claimsexpand content

If you are able to establish that you have suffered as a result of wrongful acts or negligence, you may be entitled to compensation for the following.  

  • Pain and suffering  

  • Loss of enjoyment of life 

  • Treatment expenses, chemist expenses and travel expenses 

  • Future treatment expenses, chemist expenses and travel expenses 

  • Past and future loss of earning capacity and of superannuation  

 From 1 July 2018, changes in the law have removed statutory time limits for child sexual abuse cases.  

Sexual Abuse Compensationexpand content

Our senior lawyers will take the time to understand your personal situation, ensuring we can properly advise you on your options and potential entitlements. Depending on your individual circumstances, you may have the following options available to you to claim compensation.   

  • Common law civil claim 

  • National Redress Scheme application  

  • Internal Redress Scheme application  

  • Criminal Injuries Compensation  

The National Redress Scheme (NRS) was created to provide support to institutional child sex abuse survivors. Under the scheme, you may be entitled to compensation of up to $150,000, a payment for counselling services of up to $5,000 and/or an apology from the institution.  

 Some, but not all, institutions have their own separate redress schemes to compensate survivors who suffered historical child sexual abuse while under their care. 

Supporting Survivors

Common Questions

What is the National Redress Scheme for Institutional Child Sexual Abuse?expand content

The National Redress Scheme is run by the Commonwealth Government for survivors of institutional child sexual abuse and provides survivors with an alternative to a common law compensation claim.

If you make an application to the National Redress Scheme they will assess:

  • whether you are eligible under the National Redress Scheme;

  • how your life has been impacted as a result of the childhood sexual abuse;

  • if there is an institution they can hold accountable for the childhood sexual abuse under the National Redress Scheme;

  • whether you require counselling, or a direct personal response from the institution responsible; and

If all the above is satisfied, what monetary amount is appropriate to compensate you in the circumstances.

Is a National Redress Scheme payment the only compensation option available to me?expand content

No, if you are a survivor of childhood sexual abuse, there is likely to be other compensation options available to you.

One of those options is to make common law claim for compensation. Most common law claims settle through negotiations between the parties, before having to go to trial.

Some of the benefits of pursuing a common law claim as opposed to making an application through the National Redress Scheme are:

  • Unlike National Redress compensation payments which are capped at a maximum of $150,000.00, common law claims do not have a limit on the amount of money a person might receive as a result of injuries they have sustained from the childhood sexual abuse.

  • Unlike the National Redress Scheme, there is no time limit on when a person can pursue a common law claim in Western Australia for injury arising as a consequence of childhood sexual abuse, whereas the National Redress Scheme ends on 30 June 2027.

  • There may be an option to request a face to face or written apology from the institution(s) responsible.

I have already received a payment in relation to the sexual abuse, is it possible for me to get a further payment?expand content

If you are a survivor of childhood sexual abuse, you may be able to seek compensation for physical and psychological trauma resulting from the sexual abuse, even if you have previously received a payment or entered into a settlement agreement.

Some factors that will be considered when determining whether a survivor can still make a claim if they have previously received a payment, or entered into a settlement agreement, are:

  • Whether there was a time limit that prevented survivors from being able to make a common law claim for compensation at the time the payment was made, or settlement agreement was entered into;

  • Whether the amount of the payment was unreasonable in the circumstances; and

  • Whether the survivor was legally represented at the time of the previous payment or settlement agreement.

If you have previously received a sum of money as part of a settlement agreement for childhood sexual abuse and want to find out if the settlement can be set aside to allow you to make a common law claim for compensation, we may be able to help.

Bradley Bayly Legal will be able to advise if you are eligible to make an application to have your settlement agreement set aside, what further payment you may be entitled to, and guide you through the next steps.

Contact us today to find out more.

Preparing Your Case 

 If you decide to engage our services, we will start to prepare your case. Our dedicated legal team will open investigations by requesting documentation from a range of parties. Once we have collected and reviewed the necessary evidence, we will be able to provide you with preliminary advice.  

In the event you ask us to proceed with your claim, we will arrange for you to be examined by an independent medical expert to help support your case. When all of the independent medical evidence has been obtained, our team will arrange a conference to discuss whether a settlement can be negotiated. If a settlement cannot be reached, you may be able to progress an action in court where we can continue to represent you. 

Our Legal Fees  

During your initial consultation, we will thoroughly explain our legal fee structure. In many cases, there are no upfront costs to be paid and we will endeavour to negotiate a settlement that will cover most of your out-of-pocket expenses and legal fees.  

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Bradley Bayly Office

Contact Bradley Bayly Legal 

If you would like to discuss your serious injury claim and determine your next steps, contact us to arrange an obligation-free consultation. We will take the time to understand your personal situation and provide you with preliminary advice. While we are based in Perth, we are able to assist with state, national and international cases.

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