Like what you've read?

On Line Opinion is the only Australian site where you get all sides of the story. We don't
charge, but we need your support. Here�s how you can help.

  • Advertise

    We have a monthly audience of 70,000 and advertising packages from $200 a month.

  • Volunteer

    We always need commissioning editors and sub-editors.

  • Contribute

    Got something to say? Submit an essay.


 The National Forum   Donate   Your Account   On Line Opinion   Forum   Blogs   Polling   About   
On Line Opinion logo ON LINE OPINION - Australia's e-journal of social and political debate

Subscribe!
Subscribe





On Line Opinion is a not-for-profit publication and relies on the generosity of its sponsors, editors and contributors. If you would like to help, contact us.
___________

Syndicate
RSS/XML


RSS 2.0

LNP and independents deliver child abuse justice in Queensland

By Amanda Gearing - posted Friday, 11 November 2016


The amendment extended the definition of child abuse to include children who were abused in non-institutional settings such as foster care or other domestic settings.

Attorney-general Yvette D’Ath opposed the re-opening of unfair deeds claiming it could lead to ‘unintended consequences’.

But shadow attorney-general Ian Walker introduced his amendment to allow unfair deeds to be re-opened saying ‘it is the right thing to do’ and ‘restores justice to the victims’.

Advertisement

Mr Walker said the amendments to the Government Bill provided ‘the same rights’ given to abuse survivors who had never sued in the past because their cases were statute barred.

He told the Parliament that two safety measures were built into the Bill to ensure fairness.

First, deeds can only be re-opened if a court finds it is ‘just and reasonable to do so’.

Secondly, documents associated with deeds will also be re-opened, so that insurers are brought back to the table to negotiate a fair settlement that is not affected by the time limits defence.

This provision means institutions will not be stranded without insurance cover to pay a re-opened claim.

The Opposition needed support from at least three of the independent members who hold the balance of power in the Queensland parliament to pass the amendments.

Advertisement

Independents Rob Pyne, Billy Gordon and the two Katter Australia Party members Robbie Katter and Shane Knuth all backed the amendment and the groundbreaking reform was carried on the voices.

The minority Labor government did not seek a division to challenge the amendment because it did not have the numbers to oppose them.

Independent member for Cairns Rob Pyne had championed even more progressive legislation that was supported almost unanimously via submissions from individuals and non-government organisations to a parliamentary inquiry.

The Pyne Bill was supported in the Parliament by the other independent members but neither major party supported his Bill.

Mr Pyne said he was deeply concerned that the government was putting the interest of offending institutions ahead of innocent children who were known to be in danger.

“This House should be holding offending institutions to account, not protecting them from the proper consequences of their misconduct,” he said.

  1. Pages:
  2. 1
  3. Page 2
  4. All

Declaration: A relative of the author was a party in a civil action for damages relating to child abuse. The offender was jailed in 2006.



Discuss in our Forums

See what other readers are saying about this article!

Click here to read & post comments.

5 posts so far.

Share this:
reddit this reddit thisbookmark with del.icio.us Del.icio.usdigg thisseed newsvineSeed NewsvineStumbleUpon StumbleUponsubmit to propellerkwoff it

About the Author

Dr Amanda Gearing graduated with a Masters' Degree from QUT in 2012 and a PhD in Global investigative journalism in 2016. Amanda was The Courier-Mail's reporter in Toowoomba for ten years until 2007 and received several awards for her work including Best news Report (All Media) in 2002. She has written in Australia and the UK for national and state newspapers and has produced documentaries for ABC Radio National. In 2012 she won a Walkley Award for Best radio documentary for The day that changed Grantham. She also won a Clarion Award for her radio documentary A living sacrifice in 2013. Her non-fiction book The Torrent was published in 2012 and an updated edition will be published in February 2017.

Other articles by this Author

All articles by Amanda Gearing

Creative Commons LicenseThis work is licensed under a Creative Commons License.

Photo of Amanda Gearing
Article Tools
Comment 5 comments
Print Printable version
Subscribe Subscribe
Email Email a friend
Advertisement

About Us Search Discuss Feedback Legals Privacy