How psychological reports fit into institutional abuse claims

Deciding to seek redress or compensation for institutional abuse experienced as a child is a big step. Many survivors carry these experiences for decades before they feel ready.

This guide is for survivors, families and lawyers. It covers the main paths in Victoria, when a psychological report is needed, and what a trauma-informed assessment looks like.

The institutional abuse claim path at a glance

Many survivors follow one of two paths. If you accept a redress offer, you usually give up the right to sue that institution for the same abuse, so please get legal advice before you accept.

1. 1

   Deciding what you want

   In your own time

   What happens

   Some survivors want acknowledgement or an apology. Some want compensation, or support with counselling costs. Some want all of these. In any case, there is no right answer.

   What you can do

   Take the time you need. Talking with a support service first can also help.

2. 2

   Getting support and advice

   Before you apply or start a claim

   What happens

   Free services can explain your options. knowmore gives free legal advice about the National Redress Scheme. A personal injury lawyer can advise on a civil claim.

   What you can do

   Call Blue Knot on 1300 657 380, or knowmore on 1800 605 762.

3. 3

   Path A: National Redress Scheme

   Applications close 30 June 2027

   What happens

   You complete an application about the abuse and its impact. You do not need supporting documents, such as a psychological report, to apply.

   What you can do

   You can include a doctor’s report if you have one, but it is optional.

4. 4

   Path B: a civil claim

   No time limit in Victoria for most child abuse claims

   What happens

   Your lawyer gathers evidence. For a damages claim, this is likely to include medical reports and an examination by an independent practitioner.

   What you can do

   Ask your lawyer what reports are needed, and who will pay for them.

5. 5

   Referral to us

   Usually from your lawyer

   What happens

   Your lawyer sends us the questions the report should answer and relevant records. We explain the process to you before any appointment.

   What you can do

   Tell us what would help you feel safer, such as the time of day, breaks or a support person in the waiting room.

6. 6

   The assessment

   Often more than one appointment

   What happens

   Interviews about your life before and after the abuse, your health, work and relationships, and questionnaires about how you are feeling. We go at a pace that works for you.

   What you can do

   You can take a break at any time. Plan something calming for afterwards, and let a support person know.

7. 7

   The report

   Usually 2 to 3 weeks

   What happens

   The report answers the questions asked, with reasons. It goes to your lawyer, who will talk it through with you.

   What you can do

   Ask your lawyer any questions. Meanwhile, keep using the supports that help you.

The National Redress Scheme

The National Redress Scheme acknowledges that many children were sexually abused in Australian institutions. You may be able to apply if the sexual abuse happened when you were under 18, before 1 July 2018, while you were in an institution. Other eligibility rules apply. Applications can be made any time before 30 June 2027.

The Scheme says you do not need supporting documents to apply. You can include something like a doctor’s report, but it is optional. Free, confidential support services can help you before, during and after you apply, and knowmore offers free legal advice on 1800 605 762.

Institutional abuse civil claims in Victoria

Victorian law has changed a great deal over the past decade. In summary:

• No time limit: since 1 July 2015, there has been no limitation period for personal injury claims about physical or sexual abuse experienced as a child, including psychological abuse connected to it. Some claims that were previously out of time can now be brought, and in some cases earlier settlements can be set aside.
• Organisations’ duty of care: for abuse from 1 July 2017, organisations must take reasonable care to prevent the abuse of children in their care. If abuse happens, they are presumed to have breached that duty unless they prove they took reasonable precautions.
• Vicarious liability: since 25 February 2026, institutions can be held responsible for abuse by employees and people akin to employees in some circumstances, whether the abuse happened before or after that date. However, independent contractors are not covered.
• Organisations that use trusts: since 2018, survivors can sue some unincorporated organisations that hold their assets in trusts.

Other rules, such as damages thresholds, may apply. Your lawyer will advise.

Where a psychological report fits in an institutional abuse claim

In a civil claim, your lawyer needs evidence about how the abuse has affected you. The Victorian Government notes that this is likely to include medical reports and an examination by an independent practitioner.

Depending on the questions asked, a psychological report may describe:

• your mental health now, and any diagnosis
• how your life, health, relationships and work have been affected over time
• what is likely to be connected to the abuse, and what may have other causes
• treatment you have had, and what treatment could help
• your likely outlook, with and without treatment

In a medico-legal assessment, the psychologist’s main duty is to be fair and helpful to the court. They are independent, so they do not act as your therapist. That can feel different from counselling, so we explain it before we start.

What a trauma-informed assessment looks like after institutional abuse

The Royal Commission into Institutional Responses to Child Sexual Abuse recommended that services for survivors be trauma-informed. Blue Knot Foundation describes the core principles as safety, trustworthiness, choice, collaboration and empowerment. A UK inquiry heard that, for some survivors, the psychological assessment was one of the hardest parts of a claim.

In practice, a trauma-informed assessment should mean:

• you know what will happen, and why, before you arrive
• you have choices about timing, breaks and a support person in the waiting room
• we talk about support for after the appointment, before you leave
• you can say when a question is too hard right now, and we will find another way
• we respect your culture, faith, language and identity, and book an interpreter if you would like one

Invictus Health کیسے مدد کر سکتا ہے

Our psychologists provide medico-legal assessments, including psychological reports for institutional abuse claims. We are happy to explain the process to you before any appointment is booked, and to talk about what would help you feel safer. If you would like ongoing support, our counsellors and psychologists offer therapy in person and by telehealth. Our article on trauma and PTSD explains common reactions and treatments.

Fees depend on the questions asked, and your lawyer often arranges payment. Fees for medico-legal reports start from $3,300 including GST, and may be higher for complex matters. Medicare does not cover medico-legal reports. For lawyers, our referral guide explains how to send instructions and records securely.