Making it easier for child abuse survivors to sue institutions

Published:

The Palaszczuk Government will introduce major reforms to make it easier for the survivors of all kinds of child abuse to sue the institutions where the offences occurred.

Speaking on the first anniversary of the National Apology to Victims and Survivors of Institutional Child Sexual Abuse, Attorney-General and Minister for Justice Yvette D’Ath said the proposed amendments to the Civil Liability and Other Legislation Amendment Act 2018would extend the definition of abuse to include serious physical and psychological abuse, as well as sexual abuse.

“Under these reforms it will be easier for child abuse survivors to claim for civil damages or personal injury, now and in the future,” Mrs D’Ath said.

“This will be achieved by removing some of the loopholes which institutions were using to avoid being sued.

“In particular, a defendant can now be appointed in claims against unincorporated institutions, and survivors can target the assets of associated trusts of the institution.

“We have also removed the limitation periods for survivors to commence a civil action against an institution.

“Survivors will also now be able to seek damages for serious physical abuse and psychological abuse as well as child sexual abuse.

“To try and prevent new abuses, there will now be a reverse onus duty on institutions.

“They will have to prove they took all reasonable steps to prevent the sexual abuse of children in their care to avoid legal liability.”

Minister for Child Safety, Youth and Women Di Farmer welcomed the reforms, which she said would provide another avenue for people who had experienced institutional child abuse to seek justice.

“These reforms are especially important to people who experienced physical or psychological abuse while in institutions in Queensland, as it will give them a way to seek compensation for the suffering they have experienced,” she said.

“The Royal Commission’s historic inquiry revealed widespread, systemic failings of institutions to protect children and respond appropriately to child sexual abuse.

“Although the Royal Commission was specifically looking at institutional child sexual abuse, we also heard from many victims and survivors of physical and psychological abuse who had also experienced lifelong trauma from their treatment at the hands of adults who were supposed to protect and care for them.

“Unfortunately the National Redress Scheme does not offer compensation to victims and survivors of physical or psychological abuse, which has meant some people who have experienced physical or psychological abuse have felt overlooked.

“Our message to everyone who has experienced institutional child abuse is we see you, we believe you, and we support you.”


Attorney-General and Minister for Justice
The Honourable Yvette D'Ath

 
Community Law & Safety Political Queensland Government
Social:   

Yvette D'Ath : Attorney-General and Minister for Justice :
GPO Box 149, Brisbane Qld 4001, Queensland Wide
07 3719 7400
Yvette D'Ath  :  Attorney-General and Minister for Justice
Showing 10+ recent articles for this business
Landmark reforms seek justice for child sex abuse victims 29 November 2019 | The Palaszczuk Government is pursuing landmark reforms in State Parliament to provide fairer and more effective responses to victims of child sexual abuse. More information...
Statement from the Attorney-General re South-East Queensland Flood Class Action 29 November 2019 | The government acknowledges the decision of the NSW Supreme court. More information...
No more need for multiple ID scans with new re-entry passes 27 November 2019 | Multiple ID scans for patrons visiting Safe Night Precincts will soon be a thing of the past thanks to new laws passed by the Palaszczuk Government in State Parliament today. More information...
Stay safe at Schoolies 2019: know your rights and obligations 14 November 2019 | School leavers and their parents and guardians are being urged to be aware of their rights and obligations this Schoolies (16 – 23 November 2019). More information...
Cute koalas encourage Queensland parents to register their babies 28 October 2019 | A koala joey and its parents will travel the state to encourage Queensland parents to have their babies #RegisteredAndReadyToGo. More information...
Sweeping electoral reforms welcomed by integrity experts 30 October 2019 | The Palaszczuk Government has welcomed the positive response of Australia’s leading integrity experts following the announcement of sweeping reforms to election donations and spending in Queensland. More information...
It's now easier for child abuse survivors to sue institutions 22 October 2019 | The Palaszczuk Government has passed major reforms to make it easier for the survivors of all kinds of child abuse to sue the institutions where the offences occurred. More information...
Queensland kids show they're too smart to be scammed 22 October 2019 | Queensland’s Office of Fair Trading (OFT) received an overwhelming response to its Buy Smart Competition this year with more than 1,000 students submitting entries in a bid to win the state’s top consumer... More information...
Making it easier for child abuse survivors to sue institutions 22 October 2019 | The Palaszczuk Government will introduce major reforms to make it easier for the survivors of all kinds of child abuse to sue the institutions where the offences occurred. More information...
Attorney-General appeals sentence of Sterling Free 24 October 2019 | Attorney-General Yvette D’Ath has decided to appeal the sentence of Sterling Free on the basis it is manifestly inadequate. More information...


comments powered by Disqus

All articles submitted by third parties or written by My Sunshine Coast come under our Disclaimer / Terms of Service