Posted on 15 Sept 2026
Justice for survivors of institutional child abuse in New South Wales
By Slater and Gordon
A recent High Court ruling, together with changes to legislation in New South Wales, has fundamentally changed the legal landscape for survivors of institutional child abuse. Victim-survivors who were abused in institutions now have clearer, stronger pathways to seek justice and compensation.
What does this change mean?
Institutions are now much more likely to be held liable for abuse perpetrated by people acting in positions of authority and care. The Court clarified that when an institution places a child in someone’s care, it has a legal responsibility to ensure reasonable care is taken. This means that institutions can no longer hide behind arguments that the abuse was purely the criminal act of an individual.
Legal background
For years, courts held that an institution could not be found to have breached a non‑delegable duty of care if the harm was caused by a third party’s intentional criminal act. This approach was based on the 2003 High Court decision known as New South Wales v Lepore, which limited direct institutional liability for deliberate abuse.
The 2026 decision in AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland‑Newcastle reopened and overturned the approach taken in Lepore.
As Stephanie Brown, our Head of Abuse Law, explains:
“What the High Court has done is to ensure that institutions who have children in their care, control or supervision aren’t able to escape liability on a technical legal point.”
What is non-delegable duty of care?
A “non-delegable duty of care” is when a person or institution is held legally responsible for harm caused by another person, even if that person is not technically an employee. This means that duty of care can’t be shifted to someone else, even if you’ve hired them to do the work.
Seeking justice for victim-survivors
For many survivors, compensation is a small facet of their pathway to justice. It’s about recognition and the acknowledgment of harm that was caused. By holding institutions accountable, survivors are finally able to have their stories heard and believed.
What institutions can be held liable for abuse in Australia?
Claims can be made against a wide range of institutions that have had children in their care, including:
- Government and private schools
- Churches and religious organisations
- Foster care and out‑of‑home care providers
- Hospitals and health services
- Sporting clubs and community organisations
- Government departments and agencies
If an institution placed you in the care of someone who abused you, it may be legally responsible, regardless of when the abuse occurred. Limitation rules and specific pathways can vary, so tailored advice is important.
Do I need to have reported the abuse at the time to make a claim?
No. Most survivors never reported what happened, and that will not prevent you from making a claim. Our team takes a trauma-informed approach and understands how difficult it can be to come forward. You will be listened to and supported throughout the process.
What compensation can survivors of institutional abuse claim?
Every case is assessed individually, but compensation can generally cover:
The physical and psychological impact of the abuse, and loss of enjoyment of life.
Conditions such as anxiety, depression or post traumatic stress, including treatment costs.
Past and future loss of earnings where the abuse has affected education, career opportunities or ability to work.
Cost of counselling, psychiatric care, medication, and other ongoing support services.
How we can help
At Slater and Gordon, we believe that institutions should be held accountable for abuse perpetrated against children. Survivors of institutional child abuse across Australia may have options to seek justice. If you’re a survivor of abuse, you’re not alone. If you want to start exploring your pathways to justice, we’re here when you’re ready. We have experienced abuse lawyers and social workers to help support you on your journey.
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.