Guidance Note 10 – Guiding Principles for Commonwealth entities responding to civil claims involving allegations of institutional child sexual abuse

This guidance note sets out the principles for Commonwealth entities when responding to civil claims involving institutional child sexual abuse.¹

The key topics covered are:

• the purpose of the guiding principles
• principles about the handling of claims, and
• principles about the management and resolution of any claim (litigated or non-litigated).

Purpose of the guiding principles

The purpose of these guiding principles is to ensure that Commonwealth entities:

• adopt a consistent approach when responding to civil claims involving institutional child sexual abuse, and
• instruct their lawyers to consider the sensitivities involved in handling claims by survivors of institutional child sexual abuse.

These principles are built around the fundamental principle that:

Commonwealth entities are to be mindful of the significant potential for additional trauma that survivors of institutional child sexual abuse may experience during the claims and/or litigation process. 

The principles apply to all Commonwealth entities. They are complemented by the Commonwealth’s general obligation to act as a model litigant as required by Part 5, Division 2 of the Legal Services Directions 2025 (Directions).

The model litigant obligation requires that the Commonwealth and its entities act honestly and fairly in handling claims and litigation brought by or against the Commonwealth or a Commonwealth entity (see section 41 of the Directions).

Principles

Handling of claims

In the handling of claims concerning allegations of institutional child sexual abuse, Commonwealth entities should:

1. acknowledge and consider claims without delay and aim to resolve them as quickly as possible, including paying legitimate claims without recourse to formal litigation²
2. be mindful of any cultural sensitivities and communicate regularly with claimants and/or their legal representatives about how their claim will be managed and the progress of their claim
3. provide information regarding access to services and support for claimants, including access to counsellors³
4. where possible, and in accordance with relevant laws, facilitate access for claimants and their legal representatives to records and information relating to the claim and the allegations made by the claimant, and
5. acknowledge and act upon existing obligations to report claims of any serious indictable offences to the relevant law enforcement agency.⁴

Management and resolution of claims

In the approach taken to the management and resolution of any claim (litigated or non-litigated) concerning allegations of institutional child sexual abuse, Commonwealth entities should:

6. where possible and appropriate, consider resolving matters without requiring claimants to make a formal statement of claim or, in the case of more than one claimant, a separate statement of claim
7. not dispute claimed facts which the Commonwealth considers are likely to be correct, or which are not considered necessary to have proven to properly resolve the claim
8. assist claimants and their legal representatives to identify the proper defendant/s if they have not already been identified
9. consider the most appropriate Alternative Dispute Resolution (ADR) processes in the circumstances of each claim and facilitate an early settlement, where possible
10. consider claimants’ requests for apology, acknowledgement or redress including by offering a written apology in appropriate circumstances
11. consider the use of confidentiality clauses on a case-by-case basis, having regard to the nature of the claim, the preferences of the claimant/s and section 47 of the Directions relating to disclosure of terms of settlement, and
12. pursue a contribution to the settlement amount from the alleged abuser/s or other liable defendant/s, where practical and appropriate.

The above principles are intended to guide Commonwealth entities and be applied flexibly with regard to the circumstances of each particular claim.

The principles do not prevent action to protect the proper and legitimate interests of the Commonwealth or its entities. They do not preclude all legitimate steps being taken to defend claims, including where a claim is vexatious, unmeritorious or an abuse of process.

Further information

For further information about compliance with the model litigant obligation under the Directions see Guidance note 18: Compliance with the Legal Services Directions 2025.

For further information about ADR processes see Guidance note 8: Use of Alternative Dispute Resolution by Commonwealth entities.

For information about Commonwealth entities’ child safety obligations, see the Commonwealth Child Safe Framework policy document.

Office of Legal Services Coordination
Phone: 02 6141 3642
Email: olsc@ag.gov.au
Issued: March 2026

This guidance material is of a general nature only and does not convey or contain legal advice. 

Endnotes

1. These principles were developed in response to recommendations made by the Royal Commission into Institutional Responses to Child Sexual Abuse in its report: Redress and Civil Litigation Report (2015).
2. See Part 5, Division 2 of the Legal Services Directions 2025.
3. A list of services and supports for victims and survivors of child sexual abuse can be found on the National Office for Child Safety website , including for counselling, legal services, and engaging with the National Redress Scheme. Free legal assistance for victims and survivors of child sexual abuse is also available through Knowmore Legal Service .
4. The Commonwealth Criminal Code 1995 (Cth) contains offences for certain Commonwealth officials who fail to protect a child at risk from a child sexual abuse offence (section 273B.4) and fail to report a child sexual abuse offence (section 273B.5). Many states and territories, including the Australian Capital Territory, also have offences for adults who fail to report a child sexual abuse offence (for example, see section 66AA of the Crimes Act 1900 (ACT)).