Your Legal Rights
Please note that CLAN does not recommend or refer any law firms or solicitors.
Victims of Crime compensation and support differs depending on each state.
Please click on the state most relevant to your time in “care” for more information:
- Western Australia
- New South Wales
- Victoria
- Queensland
- South Australia
- Tasmania
- Northern Territory
- ACT
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A CLAN member who is a lawyer has prepared the following advice for us:
For Care Leavers who want to approach the organisation which ran their institution to make a complaint about their time in “care”, please be aware of some important issues which could affect you.
You should seek legal advice before:
- having a discussion with; or
- signing any document for any organisation or agency concerned with your abuse.
If you do not seek and/or get legal advice, you may be compromising your rights by making statements or admissions about your time in “care”.
An abused person should not give details or dates about any of the following:
- Contacts with police in relation to abuse;
- Victims Compensation Tribunal claims;
- Visits to psychiatrists or psychologists; and
- Claims against governments or institutions or abusers.
Care Leavers should never sign statements for abusers or institutions nor meet with the institution’s appointed psychologists or psychiatrists or release any documents or information to such people without prior legal advice.
You should only take these actions after specific legal advice about the consequences of doing so. Taking these actions could affect your further rights to take action against abusers/institutions.
Many Care Leavers may not realise that they have legal rights. You therefore may not think that there could be any consequences for you in making any of the above revelations.