Legal engagement

Survivors of abuse may be entitled to claim compensation against responsible institutions by making a civil claim for damages, where the survivor has suffered from a personal injury (psychological or other harm) as a result of abuse suffered in connection with an institution.

Civil claims, however, may involve a costly, uncertain and lengthy process, often taking over 18 months to resolve. They are usually only pursued in circumstances where the survivor would achieve a more favourable financial outcome than under the National Redress Scheme or the institution’s internal redress scheme.

The Salvation Army is mindful of different ways in which lawyers charge their clients and wants survivors to only be charged what is fair and reasonable for any legal support they might seek.

To avoid being overcharged, please be aware of the following:

• Clients have a right to have the basis of how their legal costs are calculated disclosed to them in advance of any work being done.
• Clients have a right to negotiate the terms of any cost agreement with their lawyers.
• Clients have a right to receive an itemised account setting out each aspect of the work that was done and the cost applicable to that item of work.

It is not normal for lawyers to charge a percentage of the amount of redress a survivor might receive. If a lawyer proposes to do this, The Salvation Army encourages the survivor to speak with Knowmore, a free legal service for survivors of abuse, funded by the Commonwealth Government.

You can visit the Knowmore website to find information on advice, assistance and independent referrals to lawyers who specialise in historical abuse matters.

The Head of the Centre for Restoration attends each settlement conference for survivors who have chosen to seek financial redress through legal engagement. This is in a pastoral capacity only, for the purpose of offering to meet with the survivor for an informal Restorative Justice Meeting. Many survivors take this opportunity to share their story and receive an in-person apology. They have found it to be of significant value in helping them to have closure and move forward.