The By Lawyers  Victorian Personal Injuries Commentary has been updated by our author, barrister Nawaar Hussan, to assist practitioners who might be instructed to bring organisational child abuse claims for personal injury, or wrongful death.

Under Part XIII Wrongs Act 1958, organisations are required to take reasonable care to prevent the abuse of children under their care, supervision or authority. Victoria was the first state to introduce such legislation following the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse.

Our commentary discusses the mechanisms for establishing a breach of duty under section 91 of the Act as well as the absence of any limitations period for personal injury claims arising from organisational child abuse, which reflects the Royal Commission’s finding that the average period for disclosure by victims of child abuse is 23.9 years. The limitation period for wrongful death claims is 3 years from when the plaintiff learned of the deceased person’s death.

With trademark By Lawyers practicality, the commentary also covers the type of evidence that is useful in supporting a claim for organisational child abuse.

After the work of the Royal Commission, organisational child abuse claims have been increasing. The By Lawyers Personal Injuries Guide assists practitioners to act for clients who may have such a claim.