Ex gratia payments
For ex gratia payments for former residents in state care who experienced sexual abuse as children
The Government is helping former residents in State care who experienced sexual abuse as children. The Government is giving former residents in State care the opportunity, as an alternative to legal action, to apply for some money to acknowledge their pain and suffering and to help their recovery.
The money for which former residents in State care can apply is called an "ex gratia payment".
To make an application for an ex gratia payment under the Victims of Crime Act 2001 (link to Legislation SA website) , download all the relevant forms and documents outlined below. Please read the Application Guidelines provided, before completing your application.
You may approach the Post Care Support Services Relationships Australia SA (link to website), or the Commissioner for Victims' Rights (link to website) for assistance in understanding the process or for help in filling out your application. For contact details of these support services, please refer to the ‘Where to Get Assistance’ section on Page 7 of the Application Guidelines (PDF).
Application and Guidelines
- Ex Gratia Application Form (Former Residents in State Care Sexually Abused) - Form 1 (Section 31 of the Victims of Crime Act 2001) (PDF 145.5KB)
- Application Guidelines for Ex Gratia (Former Residents in State Care Sexually Abused) (PDF 125.5KB)
- Deed of Discharge and Release Form Template (PDF 35.5KB) - Please note, this is provided as an example only, please do not fill this out or sign it. A completed Deed of Discharge and Release will be posted to you if you are made an ex gratia payment offer.)
If you have problems accessing or downloading the forms, please contact the Attorney-General’s Department on (08) 8207 1771.
List of institutions
A list of homes and institutions issued in 2005 by the Children in State Care Commission of Inquiry as part of its Interim Report, is attached for reference only. Please note, this is not an exhaustive list.
For further information, you may also visit the Commonwealth Government’s ‘Find and Connect’ website at:
Find & connect - history and information about Australian orphanages, children's homes & other institutions - link to findandconnect.gov.au/sa website
This website is a useful resource which may provide you with updated and detailed information about the place/s of care in which you may have spent time in.
Police checks and statutory declaration forms
- National Police Check - information, checklist and application - link to South Australia Police - police checks webpage
- Statutory Declaration (PDF 23.5KB)
Application for copy of transcript of evidence - children in state care commission of inquiry
- Application form for Copy of Transcript of Evidence - Children in State Care Commission of Inquiry (PDF 106.4KB)
Who can receive an ex gratia payment?
- You must be over 18 years of age.
- You must have suffered sexual abuse as a child.
- You must have been in State care at the time of the sexual abuse.
How to lodge your application
Once you have completed your application and copied the relevant documents, you can deliver or post your application to the Crown Solicitor. You should address your application as follows: