Sexual Abuse Compensation Lawyers Sydney & Nationwide
Compassionate Civil Lawyers for Survivors of Sexual Abuse
Trusted & Recommended by Clients. Let by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Three Pathways to Compensation
Not every survivor's situation is the same, and not every pathway is the right one. We advise across all three available routes - the NSW Victims Support Scheme, the National Redress Scheme (for institutional child sexual abuse, accepted Australia-wide), and civil claims against institutions or perpetrators. We assess which pathway or combination of pathways best fits your circumstances before recommending any course of action.
Trauma-Informed Expertise
Our lawyers are trained in trauma-informed practices, ensuring we handle your case with the sensitivity, respect, and understanding it requires. We possess deep knowledge of the complexities of sexual abuse law, allowing us to navigate your claim effectively.
Confidential & Compassionate Approach
Everything you tell us is protected by legal professional privilege and is completely confidential. We do not share information about your matter without your explicit consent. The initial consultation is free, without obligation, and does not commit you to proceeding with any claim. You may speak with us and decide to take no further action - and that is entirely your right.
No Win, No Fee*
We offer a no win, no fee arrangement for abuse claims, removing financial barriers to accessing expert legal representation. This means you will not pay our legal fees or any associated costs unless we win your case.
Sexual Abuse Compensation Claims We Handle
NSW Victims Support Scheme Applications
The NSW Victims Support Scheme provides financial assistance to victims of violent crime in NSW, including sexual assault. Eligible applicants may receive a recognition payment, funding for counselling, and support for economic loss. You do not need to have reported the assault to police, and no criminal conviction is required. We assist with the full application process, from eligibility assessment through to lodgement and review of decisions.
National Redress Scheme Applications
The National Redress Scheme provides compensation for survivors of institutional child sexual abuse – where a church, school, or other recognised institution was responsible and has joined the Scheme. The maximum payment available is $150,000 (published government figure). We assist applicants across Australia. The Scheme’s closing date is 30 June 2027 – do not wait if you are considering an application.
Civil Claims Against Institutions or Perpetrators
Where an institution or individual can be held legally responsible for sexual abuse, a civil claim for damages may be available alongside, or instead of, a scheme application. Some civil claims have been worth significantly more than scheme payments. Civil claims can be made against churches, schools, government bodies, employers, and individual perpetrators. There is no limitation period for civil claims involving child sexual abuse in NSW following legislative changes in 2016.
Institutional Abuse Claims
We hold institutions accountable for failing to protect individuals from sexual abuse. This includes pursuing claims against schools, churches, government bodies, sports clubs, and other organisations that have failed in their duty of care.
Survivors of childhood abuse – whether it occurred decades ago in a school, church, sporting club, or other institution – have specific legal rights in NSW. The removal of the limitation period for historical child sexual abuse civil claims means it is not too late to pursue compensation, regardless of when the abuse occurred or whether you have previously sought legal advice.
Image-Based Abuse Claims
The non-consensual sharing of intimate images – sometimes called revenge porn – is both a criminal offence and the basis for civil legal action. Survivors may be entitled to compensation for the harm caused, including distress, reputational damage, and economic impact. We advise on the civil remedies available and the evidence required to support a claim.
Pursuing the Full Compensation You're Entitled To
At O’Brien Criminal and Civil Solicitors, we are dedicated to empowering sexual abuse survivors through the legal system. Our primary goal is to secure justice on your terms, ensuring your voice is heard and respected throughout the process.
Before recommending a pathway, we assess all available options against your individual circumstances. We identify which schemes or civil claims apply, how the pathways interact, and - where both a scheme application and civil claim are available - we advise on the order in which they should be approached. Accepting a National Redress payment, for example, affects some civil claim rights. You need to know this before any application is made.
For Victims Support and National Redress applications, we manage the full preparation and lodgement, gather supporting documentation, and communicate with the administering body on your behalf. For civil claims, we prepare the matter for negotiation or litigation, identify the responsible institution, and engage their legal representatives. We brief senior counsel where the complexity of the matter requires it.
Where a matter cannot be resolved by negotiation, we represent survivors in court. Our civil lawyers have experience in institutional abuse litigation and can take a claim from initial advice through to a final hearing if that is what achieving the right outcome requires. Most matters resolve before reaching court, but we prepare every file as though it will not.
Meet Our Specialist Sexual Abuse Lawyers
Our civil law team at O’Brien Criminal & Civil Solicitors handles victim compensation, historical sexual abuse claims, National Redress Scheme applications, and civil actions against institutions and individuals across Australia.
Our team includes lawyers recognised by the Law Society of NSW as Accredited Specialists. This title is only awarded to solicitors who have demonstrated exceptional expertise in their field through a rigorous assessment of their legal knowledge, practical skills, and experience. It is your assurance of receiving representation of the highest standard.
The Sexual Abuse Claim Process
1. Free, Confidential Consultation
Contact us by phone, online, or by booking an appointment. We arrange a free, no-obligation conversation where we hear your situation, identify which compensation pathways may be available, and answer your questions. You are not committed to anything, and nothing you tell us is shared without your consent.
2. Investigating & Building Your Case
If the initial conversation indicates a viable claim, we conduct a full eligibility assessment - examining the nature of the abuse, the institution or person responsible, timing, and any prior proceedings or payments. We provide clear, honest advice on which pathways are open and what each involves before recommending any course of action.
3. Application or Claim Preparation
For scheme applications (Victims Support, National Redress), we prepare and lodge the application in full, managing communication with the administering body throughout. For civil claims, we prepare the matter for negotiation or litigation, gather supporting evidence, and engage the responsible institution or their insurer.
4. Pursuing Justice & Resolution
We represent your interests at every stage - negotiation, mediation, or court proceedings. We keep you informed throughout and pursue the best outcome available for your specific circumstances. Most matters resolve without a hearing, but we prepare every file as though one may be required.
Immediate Steps for Survivors of Sexual Abuse
If you have experienced sexual abuse, your safety and well-being are the top priorities. The following steps are suggestions for what you can do when you feel ready.
- 1. You do not need to decide right now
- Speaking with a lawyer is not a commitment to proceed. An initial consultation with our civil team is free, confidential, and without obligation. Many survivors find it useful simply to understand what options exist before making any decision.
- 2. Know that prior steps are not required
- You do not need to have reported to police, to have attended counselling, or to have previously approached the institution before making a compensation claim. These claims are designed to be available to survivors regardless of what steps they have or have not already taken.
- 3. Gather any documents you may have
- You do not need documentation to speak with us. However, if you have letters, prior legal advice, records of complaints, or any previous correspondence with an institution, bring these to your consultation if you can. We can help you identify what, if anything, may still be relevant.
- 4. Document Your Experience
- When you feel able, write down everything you remember about the incident, including dates, times, locations, and what was said or done. This record can be very helpful later.
- 5. If you need immediate support
- If you need crisis or counselling support right now, contact 1800RESPECT on 1800 737 732 - available 24 hours a day, 7 days a week. Legal claims and personal support are separate processes - accessing one does not affect your ability to pursue the other.
General Guidance for Abuse Claims
- Timing matters - but it may not be too late
- NSW law removed the limitation period for civil claims involving child sexual abuse in 2016. This means survivors of childhood abuse can make a civil claim regardless of how long ago the abuse occurred. Adult survivors may face different time limits under the Limitation Act 1969, though extensions are possible in certain circumstances. The National Redress Scheme closes on 30 June 2027. If you are unsure whether you are within time, contact us for an assessment before assuming your options are closed.
- You have rights regardless of what happened in the criminal system
- Civil compensation claims operate independently of the criminal justice system. A conviction is not required to make a civil claim. A not guilty verdict, a withdrawn charge, or a matter that was never reported to police does not prevent you from pursuing compensation through the Victims Support Scheme, the National Redress Scheme, or a civil claim. The legal standards are different, and the pathways remain open.
- Our civil litigation lawyers will guide you through the legal process, explain your options and advocate on your behalf, and provide the best court representation for your case.
- What strengthens a claim - and what does not affect it
-
Many survivors assume their claim will be weak because they have no physical evidence, the abuse happened long ago, or previous attempts to be heard went nowhere. None of these automatically prevents a compensation claim. What matters varies by pathway: for scheme applications, it is primarily the nature and circumstances of the abuse; for civil claims, it is whether the responsible institution or individual can be identified and their liability established.
Factors that can strengthen a civil claim include documented psychological treatment, records of prior complaints to the institution, evidence of the institution's knowledge or inaction, and consistent accounts over time. A lawyer experienced in these claims can assess what is available and advise on what, if anything, would help to build the matter before an application or claim is made.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Peter O'Brien (with his superb team) has been a phenomenal blessing to me. He believed me, supported me, and undertook extensive detective work and archive research in the preparation of my case culminating in a legal precedent that will be referred to by future court decisions. It has been a stressful 9 years from beginning to end and Peter was steadfast the entire time. Thank you Peter
Absolute best in the business, I had the pleasure of Peter running one of my civil cases and to say he and his team went above and beyond is an understatement, Peter and his team are both professional and friendly, can't thank you guys enough, one would say the Lamborghini of defence.
Used O'Brien solicitors for both my criminal law case which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
I contacted O’Brien Solicitors after an incident involving NSW Police. The matter was based around Police behaviour in a Domestic Violence situation involving myself and members of my family. After hearing the details, Peter agreed to represent us on a no-win no-fee basis. Although potentially extremely stressful, Peter and his team made the whole process a lot easier than I had anticipated. The whole team at O’Brien's were terrific. The matter was settled and we were very happy with the outcome and, as promised, there were no fees payable by us. I couldn’t recommend this firm highly enough.
I first got in touch with O'Brien's after I posted online about my family member's situation. Peter O'Brien messaged me personally and referred me to two amazing lawyers in his firm; Wilson and Sidnie. Outstanding attention to detail and empathy. Legal Aid was available, and the case was handled with a lot of care which led to a very positive outcome. Additional legal support was offered following the outcome, without having to ask. Highly recommended for both criminal and civil matters. Thank you!
They stick up for the little guy. Keep it up!
O'Brien solicitors represented me in very complicated civil proceedings. From day one, I was greatly impressed by the knowledge and professionalism of the entire team at O'Brien solicitors. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
O'Brien Solicitors are a highly capable and professional team who are very generous with their time and are willing to pursue justice against those powers that be. Peter and Sidnie agreed to represent the Refugee Action Coalition at short notice in court to defend the right to protest and prepared an excellent defence. They come up with legal avenues and solutions that many others have missed. Highly recommended. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
Ordinary people standing up against inhumanity, abuses of power and for a better world need to know someone has their back when their own rights are abused. Thank you.
As a victim of police brutality, I was dismayed by the total lack of concern and a refusal to investigate the complaint I made in writing to the NSW Police and NSW Ombudsman. Even before I contacted Peter O'Briens Solicitors, I was encouraged by the information and positive attitude shown on their website. Peter O'Brien and the team at O'Briens Solicitors have been wonderfully helpful and supportive in seeking legal redress through the Courts. I wholeheartedly recommend Peter O'Brien’s Solicitors to anyone who has experienced police misconduct and had their rights trammelled by heavy-handed police officers.
FAQs
It varies. There is no fixed answer and depends on the nature of the abuse, who was responsible, the pathway pursued, and your individual circumstances.
Under the National Redress Scheme, the maximum payment is $150,000 (published government figure). Payments under the NSW Victims Support Scheme depend on the category of act and the circumstances of the individual application.
Civil claims against institutions or perpetrators are not capped in the same way as scheme payments. Some civil claims have been worth significantly more than scheme outcomes, though the practical result depends on the strength of the liability case and the assets available from the defendant.
There is no limitation period. NSW removed the limitation period for these claims in 2016 under the Limitation Amendment (Child Abuse) Act 2016. Survivors of childhood abuse can bring a civil claim regardless of how long ago the abuse occurred.
For adult survivors, limitation periods generally apply, though extensions are possible in certain circumstances.
For the National Redress Scheme, the closing date for applications is 30 June 2027.
These are three separate pathways, each with different eligibility requirements, processes, and potential outcomes:
The NSW Victims Support Scheme* is a state-based scheme that provides financial assistance to victims of violent crime in NSW, including sexual assault. It does not require an institution to be involved - the abuse can have been carried out by an individual. Applications are made to Victims Services NSW.
The National Redress Scheme is a federal scheme specifically for survivors of institutional child sexual abuse where a recognised institution (a church, school, or government body) was responsible and has joined the Scheme. Available to applicants across Australia. Maximum payment $150,000 (published government figure). Closing date 30 June 2027.
A civil claim is a legal action against an institution or individual for damages, assessed independently of the scheme frameworks. Civil claims are not subject to the same payment caps, though outcomes depend on the individual matter. Civil claims take longer than scheme applications but may result in a larger outcome in appropriate cases.
These pathways can sometimes be pursued at the same time. Accepting a National Redress payment does affect some civil claim rights - we advise on this before any application is made.
No. None of the three pathways - Victims Support, National Redress, or civil claims - require a police report, an ongoing prosecution, or a criminal conviction for a
A criminal prosecution is brought by the state (the Crown) against a person accused of a crime. The standard of proof is "beyond reasonable doubt." The outcome is a verdict of guilty or not guilty, and any penalty is imposed by the court.
A civil claim is brought by the survivor, personally, to seek financial compensation. The standard of proof is "on the balance of probabilities" - a lower threshold than the criminal standard. The outcome of a successful civil claim is a damages payment, not a criminal penalty. Civil and criminal proceedings are independent of each other - they can run at the same time, in sequence, or separately.
Yes, in many cases. For institutional claims under both the civil law and the National Redress Scheme, liability attaches to the institution, not only to the individual perpetrator. The death of the perpetrator does not end the institution's legal responsibility for enabling or failing to prevent the abuse.
For claims against individual perpetrators, the position depends on the perpetrator's estate. We advise on this as part of every eligibility assessment.
Timeframes vary depending on the pathway:
NSW Victims Support Scheme applications are assessed by Victims Services NSW. Processing times vary - we advise on current expected timeframes at the outset.
National Redress Scheme applications are processed by the federal scheme administrator. The Scheme has a closing date of 30 June 2027; applying early allows more time for assessment and any internal review if required.
Civil claims against institutions involve negotiation, and sometimes litigation. Straightforward matters that settle in negotiation can resolve within months. Complex matters, particularly those involving large institutions with contested liability, can take longer. We provide realistic timeframe guidance specific to your matter at the outset.
You do not need formal evidence to speak with us or to begin an eligibility assessment. Different pathways have different evidentiary requirements, and we advise on what is needed for each one.
Most matters do not involve court proceedings at all.
For civil claims, the majority resolve through negotiation before reaching a formal hearing.
No Win, No Fee means that if your claim is unsuccessful, you will not be required to pay our legal costs in most cases.
Civil Law Case Studies
This case concerns the excessive force by police officers and an unlawful arrest of
This case concerns the unlawful arrest of a First Nations elder who was peacefully
This civil case study concerns the unlawful arrest of a young boy with Autism
False Imprisonment Claim: When an Aboriginal mother called her local police station asking for
This case study concerns the unlawful arrest of a young man outside a licensed
A former inmate at Dillwynia Correctional Centre successfully pursued civil action after being exploited
Get Expert Legal Advice - Free Initial Consultation
Speak directly with our experienced legal team about your case. We're here to protect your rights and guide you through every step.
Facing a similar legal challenge? Our experienced team has successfully handled cases like this. Contact us today for your free consultation.