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Abuse law

Abuse law.

If you have suffered from sexual or physical abuse, no amount of financial redress can take away the pain caused

Abuse law2022-02-16T08:30:53+00:00

Abuse can be sexual, physical and institutional. We understand that in situations of sexual or physical abuse, the injuries are serious and long term, and survivors often live with them for the rest of their lives and no amount of money will be able to compensate the suffering. One may, however, be qualified to compensation to help them get by. There are legal options for survivors of institutional abuse.These are the alternatives:

  • Claim under the National Redress Scheme

  • Damages claim.

It’s vital to understand that if you accept a payment from the National Redress Scheme, you’ll never be able to file a damages claim – even if the damages payment was larger. Hence, it’s a good idea to conduct your homework to ensure you make the greatest selection possible for your situation.Here we explain more about the two avenues for compensation and explore the significant differences.

Abuse claim lawyers.

Our expert abuse claims lawyers can help you get the compensation you deserve. Our dedicated team understand the difficulties you are facing, and will make sure the process is as simple as possible.

Specially trained in trauma-informed practice, our lawyers and support staff will approach your personal injury claim in a respectful, discreet manner to ensure your specific needs are met.

Taxcellent Consulting Services has experience managing claims for clients who were subjected to abuse within organisations including churches, church- and state-run institutions, public and private schools, youth and sporting clubs, foster homes, reformatory schools and prisons.

This blog will help you understand your legal options.

We offer ‘no win, no fee’* arrangements for these types of cases, which means that you don’t have to pay for our legal services if we don’t win.

Taxcellent Consulting Services Lawyers has offices in Melbourne, Sydney, Brisbane, Perth, Adelaide, Darwin and throughout Australia. Contact Taxcellent Consulting Services for more information. Contact us today to find out more about the redress scheme and how we can help.

The National Redress Scheme

A crucial proposal of the Royal Commission was the creation of a National Redress Scheme. It seeks to recognise the harm that has been done to survivors of sexual assault. If the institution where you were abused has signed up to participate, you may be eligible for compensation, but the amount you get may be limited and, in many situations, will be less than a legal claim.

The Scheme assists survivors of institutional abuse in obtaining the following:

  • A monetary compensation that is determined by the type of abuse and the type of institution where the abuse occurred – the maximum sum given is $150,000. (For most serious cases)
  • Alessextra charge to get psychological counselling
  • A demand for a personal reaction from the institution that perpetrated the abuse. This could be an apology from a senior member of the institution, or an explanation of the actions taken by the institution to protect children.

Damages claim

The Royal Commission also recommended that governments across Australia pass legislation allowing survivors to file legal claims even if the abuse occurred years ago.The procedure for filing a claim varies depending on where you reside, but the basics remain the same. In most cases, you can:

  • Make a claim for the actual impact of the abuse on your life, including past and future loss of income.
  • Make a claim for the hardship and agony you’ve undergone.
  • Obtain compensation for treatments you’ve already paid for, or seek a lump payment to help you get treatment in the future.
  • Seek a personal retort, including an apology, from the accountable institution.

The Important Differences

Compensation:

One of the main advantages of a judicial claim for damages is that they are not limited to $150,000, as they are under the redress plan, and are usually worth much more.The highest payment you can get under the National Redress Scheme is $150,000.

All that isexcluded:

The National Redress Scheme is not available to everyone. The organization where a survivor endured abuse cannot be forced to join the scheme if it has not signed up willingly. Therefore, anyone who has been abused in that facility is ineligible. You’re also ineligible if you:

  • You do not hold citizenship or are not a permanent resident of Australia.
  • You are in prison
  • You have ever been convicted to a jailduration of five years or above.
  • Anyone, on the other hand, can file a damages claim unless they’ve already accepted a payout through the Redress Scheme.

Time restrictions:

With the National Redress Scheme claim processing times aren’t clear.

As far as a damages claims is concerned, with the new legislation active, there is no longer a time limit on bringing a damages claim. You will be allowed to file a damages claim after the Redress Scheme closes, but not if you have previously accepted a Redress payout.

Also as per the changes made in the legislation in June 2019 by the Victorian Government abuse survivors Institutions that have previously handed out meagre sums will be able to go back and collect proper recompense.

FAQ’s

How do I make a claim for abuse compensation?2022-01-12T06:43:13+00:00

It doesn’t cost you anything to know where you stand. Your first consultation with Lawtax360’s abuse lawyers is free, and we will provide expert legal advice as to whether you have a case.

What is the legal process for claiming abuse compensation?2022-01-12T06:43:52+00:00

Laws in states and territories differ across Australia, so the claim process will be different depending on the situation and location of your case. Seeking legal advice as soon as you feel able to is recommended so that you know where you stand. Our expert and trauma informed practice trained lawyers will guide you through the steps needed, making the process as simple and stress free as possible.

Do time limits apply for abuse claims?2022-01-12T06:44:31+00:00

The laws have recently changed in some states so that time limits no longer apply. In other states, a time limit will apply in most cases. Speak to one of our expert abuse lawyers to find out where you stand.

No win, no fee*

Our abuse lawyers are experienced in winning fair compensation for our clients on a no win, no fee basis.

It doesn’t cost you anything to know where you stand

We take calls 24/7 (02) 8000 8666.

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Awards & Accreditations.

Taxcellent Consulting Services Services’ small business accountants are proudly recognised by the following accreditations and awards

“lawtax360 AS has been outstanding to work with and has been instrumental in our business growth in the last 3 years. We have worked with other accountants and advisers in the past that will complete our accounting work but no more and do not understand our business and industry. lawtax360 AS, on the other hand, understand our goals and map out strategies for growth. They go above and beyond and come up with key issues we would never have known about.”

Hong – General Manager at Fitness Republic Group

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Rob – Director at TwoSpace

“We first engaged Lawtax360 AS for advice on the business acquisition and liaising with financiers, solicitors and the vendor. The team at Lawtax360 AS is highly professional, knowledgeable, committed and hard-working. We were really happy with the initial service that we decided to continue our engagement with a month to month accounting service.”

Linda – Director at Tattoo Removal Institute Australia