Issues paper released about changes to civil litigation involving child sexual abuse

by PeakCare Qld on 18th August 2016

Home -> Articles -> 2016 -> August -> Issues paper released about changes to civil litigation involving child sexual abuse

Latest News

Minister Fentiman delivers enthralling speech at PeakCare's AGM

by PeakCare Qld
on 12th December 2016

If you were unable to attend PeakCare’s AGM on Wednesday, 7th December 2016, make sure you read the enthralling speech delivered by the Honourable Shannon Fentiman MP, Minister for Communities, Women and Youth, Minister for Child Safety and Minister for the Prevention of Domestic and Family Violence.

PeakCare's Board for 2017

by PeakCare Qld
on 12th December 2016

Your candidates for PeakCare's Board for 2017

by PeakCare Qld
on 30th November 2016

New Family and Child Connect services (FaCC), Intensive Family Support services (IFS) and specialist Domestic and Family Violence services

by PeakCare Qld
on 18th August 2016

The Queensland Government Department of Communities, Child Safety and Disability Services (the department) wishes to advise of the release of an Expression of Interest (EOI) for Mount Isa / Gulf Family Support and Domestic and Family Violence Prevention and Support Services

More about the Royal Commission into the South Australian child protection system

by PeakCare Qld
on 18th August 2016

The South Australian Child Protection Systems Royal Commission Report, The life they deserve, was released in early August 2016. The report is presented in two volumes. The first volume sets out what the Royal Commission did to examine the adequacy of current laws and policies to protect children and young people, system deficits and 260 recommendations addressing a wide range of structural, system and practice aspects across the SA government and service system. The second volume contains 5 case studies that examine the operation of the system and practice quality in specific areas. Four focus on the individual circumstances of young children, intervening in high risk families, leaving care, and children with complex needs in out of home care.

View Archive

Following on from a paper by the Royal Commission into Institutional Responses to Child Sexual Abuse about how best to provide effective justice through redress and civil litigation, the Queensland Government has announced it will remove the statutory limitation period for child sexual abuse claims; released whole-of-Queensland Government guidelines for responding to civil litigation in relation to child sexual abuse; and released an issues paper seeking feedback about a range of civil litigation reforms. The issues paper canvasses the circumstances under which, if at all, the statutory limitation period should be removed for other forms of abuse such as physical or psychological abuse, and similarly whether consideration should be given to abuse that occurred in other settings such as the family home and foster care. Comments are sought about the sufficiency of imposing a non-delegable duty on institutions to prevent harm caused by child sexual abuse; the organisations in or out of scope, for example, including foster and kinship care or sporting groups; and the inclusion of other forms of abuse such as serious physical or psychological abuse. In respect to the Royal Commission’s recommendation that the burden of proof falls on the institution to take reasonable steps to prevent the abuse (i.e. a reverse onus of proof), feedback is sought about whether this should apply to all institutions (as the Royal Commission recommended), which categories of relationships should be included or excluded (eg. employees, office holders, volunteers), and whether liability for other forms of abuse should be in scope. Feedback is also sought about recommendations about identifying a ‘proper defendant’.
 
The purpose of the whole-of-Queensland Government guidelines for responding to civil litigation is to ensure the State of Queensland and all agencies respond compassionately and consistently to claimants who have been sexually abused as children and to make civil litigation less traumatic for victims.  
 
Comments and submissions are due to the Department of Justice and Attorney-General by Tuesday, 25th October 2016. Member agencies and Supporters interested in contributing to PeakCare’s submission should email Tracey Smith by 30th September 2016.

© 2012 PeakCare All Rights Reserved. | Legal Matters and Terms of Service
Yes, this is a Quetools Website! | Powered Simply™