Queensland may allow child sex abuse victims to revive previously settled claims

By Joshua Robertson
Guardian
August 15, 2016

https://www.theguardian.com/australia-news/2016/aug/16/queensland-may-allow-child-sex-abuse-victims-to-revive-previously-settled-claims

Queensland’s Liberal National party, Tim Nicholls, and his deputy, Deb Frecklington. Nicholls says Labor’s bill fails to ‘recognise and empower all survivors of child sexual abuse’. Photo by Glenn Hunt

Queensland could be the first Australian jurisdiction to enable victims of child sex abuse to revive previously settled claims against churches and schools under a state opposition proposal to broaden their legal rights.

With the Palaszczuk government tabling its bill scrapping age limits on abuse claims on Tuesday, the Liberal National party announced it would move amendments to allow victims to have a court strike down settlements made lower because they fell outside the statute of limitations.

Lawyers and advocates for victims have argued the ability to revive such claims is the key to fair redress and in line with recommendations by the ongoing royal commission.

The Queensland government, like the New South Wales and Victorian governments when they previously scrapped age limits on civil claims, declined to include scope for setting aside past settlements in its bill.

While the government announced it would not oppose the revival of previous claims against the state, the attorney general, Yvette D’Ath, has cited the “unintended consequences” of removing what are also known as “past deeds” struck between victims and private institutions.

However, the leader of the state opposition, Tim Nicholls, said on Tuesday that while Labor’s bill was “a step in the right direction, it failed to recognise and empower all survivors of child sexual abuse”.

“In some cases, survivors were pressured into accepting inadequate settlements for physical or psychological injuries sustained from the abuse, because of previous time limitations,” he said.

“We will put forward amendments that provide the opportunity for settlement agreements to be voided by the court, where appropriate, to allow survivors to have their proper day in court.”

The LNP proposal, which also broadens the scope of claims to include victims of child sex abuse outside institutions, mirrors a separate private member’s bill to be tabled in parliament on Wednesday by the independent MP Rob Pyne.

Pyne’s bill, which, like the government’s, proposes scrapping the need for victims to file civil claims by age 21, was drafted with input from a key victim and advocate and has the backing of groups including Bravehearts and the Indigenous Lawyers Association.

If the MP swung his support behind the LNP’s proposed amendments to the government bill, the opposition would then need only the support of the two Katter party crossbenchers to ensure their passage.

The government planned to put off legislating the removal of past deeds by including it as an item in a discussion paper with a view to future amendments.

Under the government’s current bill, age limits would still apply to victims of child sex abuse outside institutional settings.

Nicholls said this meant that “those who suffered at the hands of family members or strangers would still be powerless due to existing limitations”.

“By dictating who can and can’t have their day in court, Labor is effectively creating two classes of victims, which is plainly unfair,” he said.

Hetty Johnston, the head of child protection group Bravehearts, said Pyne’s was a stronger and fairer bill for victims than the government’s, and the LNP’s proposed amendments were a welcome development.

“What we hope is that the premier will look at the Pyne bill, adopt it and take it to the parliament herself and bring it into law,” she said.

Johnston said this appeared more likely to happen in view of the LNP proposal.

“What I pray is that we don’t finish up with a political football here and that it is just simply a bipartisan approach by [members of parliament] who all want what’s best for victims,” she said.

“These are children who have been assaulted and harmed and to give to them fair, just and equitable access to the law. That’s it.

“I can’t imagine there would be any argy-bargy around that. The premier is well known for her consideration and concern for the wellbeing of children.

“I feel we’ll have the premier on board, we’ll have the opposition on board and the crossbenchers as well, and it just is a beautiful thing.”