Civil Liability and Other Legislation Amendment Bill 2018
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Community Safety Committee
Vote on a motion
This division was for the Recreation Areas Management (Fees) Amendment Regulation disallowance motion, NOT the Civil Liability Bill. The LNP moved to disallow fee increases on North Stradbroke Island recreation areas. The motion was defeated (38 ayes, 49 noes).
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (38)
Noes (49)
▸25 members spoke22 support3 mixed
Supported the bill as implementing royal commission recommendations on redress for survivors of child abuse. Welcomed Labor's adoption of the LNP amendment to extend the definition of abuse to include physical abuse.
“The LNP will always fight for laws that ensure that the process is clear and consistent for survivors of child abuse to get their justice.”— 2019-10-23View Hansard
Spoke as chair of the Legal Affairs and Community Safety Committee, recommending the bill be passed to implement Royal Commission recommendations on institutional child sexual abuse.
“I rise in the House to support the passing of the Civil Liability and Other Legislation Amendment Bill. I will at the conclusion of my contribution to the debate be recommending that the House supports this bill and that the bill become legislation.”— 2019-10-22View Hansard
Moved the second reading as Attorney-General, explaining the bill implements recommendations 91-94 of the Royal Commission into Institutional Responses to Child Sexual Abuse by reversing the burden of proof for institutions and creating a framework for suing unincorporated organisations.
“My hope is that this bill provides a greater opportunity for survivors' voices to be heard and for justice to be done.”— 2019-06-12View Hansard
As Minister for Child Safety, spoke in strong support, announcing amendments to expand the definition of abuse to include serious physical and psychological abuse. Acknowledged survivors and advocates in the gallery.
“Today we are saying to victims and survivors of other forms of institutional child abuse: we see you, we believe you and we support you.”— 2019-10-23View Hansard
Supported the bill as implementing important Royal Commission recommendations, praising the reverse onus of proof and proper defendant provisions while paying tribute to survivors who contributed to the committee process.
“This is a good bill. I support it. I thank those who have been involved and I commend it to the House.”— 2019-10-22View Hansard
Announced LNP support for the bill but criticised the government for not going far enough, arguing the definition of abuse should include physical abuse and that strict non-delegable duty (strict liability) should be introduced as recommended by the Royal Commission. Foreshadowed amendments on both issues.
“I am staggered that the Labor government could be so dismissive of the royal commission recommendation, a royal commission that was the result of five years of detailed evidence and analysis.”— 2019-06-12View Hansard
Supported the bill while expressing concern that the government had not adopted recommendations 89 and 90 on non-delegable duty of institutions. Welcomed the expansion of the definition of abuse to include physical abuse.
“The passage of that legislation saw Queensland finally join the National Redress Scheme for Institutional Child Sexual Abuse, enabling survivors of institutional child sexual abuse to access the redress they so rightly deserve.”— 2019-10-23View Hansard
Supported the bill as delivering on Royal Commission recommendations 91 to 94, welcomed the government's announcement to extend the definition of abuse to include serious physical and psychological abuse.
“I am proud to be part of a Labor government that made and has come good on its commitment to participate in the National Redress Scheme.”— 2019-10-22View Hansard
Spoke passionately as a survivor of child sexual abuse and long-term board member of Bravehearts. Supported the bill and the extension of the definition of abuse to include physical abuse.
“I will never stop talking about child sexual assault and the amazing work that Bravehearts and so many other organisations do in this state.”— 2019-10-23View Hansard
Announced LNP would not oppose the bill while criticising it for lacking retrospectivity and failing to implement recommendations 89 and 90 on vicarious liability, calling it a 'half job'.
“The objectives of this bill are certainly noble and well-intentioned, which is why the LNP will not be opposing it. Unfortunately, good intentions do not always mean good legislation and this bill happens to fall short in that category.”— 2019-10-22View Hansard
Supported the bill and the amendments to include physical abuse in the definition. Expressed concern about institutions avoiding scrutiny through their structures.
“Let me say that I find nothing more abhorrent than the abuse of a child.”— 2019-10-23View Hansard
Supported the bill as implementing Royal Commission recommendations, emphasising the importance of the reverse onus of proof to relieve the burden on sexually abused children seeking justice.
“The Palaszczuk government absolutely desires to protect children from child sexual abuse.”— 2019-10-22View Hansard
As Attorney-General, replied in debate and moved government amendments to expand the bill to cover serious physical and psychological abuse. Explained why the government rejected a strict liability non-delegable duty approach, arguing it could have unintended consequences for survivors.
“This bill is not just about achieving justice for survivors. This bill is about engendering a cultural shift in the way our institutions and the individuals associated with them address the risk of child abuse.”— 2019-10-23View Hansard
Expressed concerns about the reverse onus of proof impacting small not-for-profit and community organisations, but ultimately supported the bill, sharing his father's experience of institutional physical abuse.
“My father grew up in an institution and was flogged every day—and that did not happen just for days; it happened for years... This is good legislation.”— 2019-10-22View Hansard
Spoke in support of the bill, highlighting the horrific abuse at St Joseph's Orphanage at Neerkol near Rockhampton and acknowledging the importance of this legislation for survivors' healing.
“Neerkol was a horror movie in real-life for the children who lived there. The Rockhampton region must never forget the awful, horrendous and appalling treatment of children.”— 2019-10-22View Hansard
Spoke in support of the bill on the anniversary of the national apology, welcoming the reforms to implement Royal Commission recommendations on reverse onus and proper defendant provisions.
“This time last year the Prime Minister, the Hon. Scott Morrison, delivered a national apology to victims and survivors of institutional child sexual abuse.”— 2019-10-22View Hansard
Strongly supported the bill, sharing a friend's harrowing story of institutional child sexual abuse and the importance of this legislation for survivors seeking justice.
“I rise in this House to support this bill. For many it has been a long time coming, and for so many it is simply too late.”— 2019-10-22View Hansard
Supported the bill as implementing Royal Commission recommendations, explaining how the reverse onus of proof addresses power imbalances and encourages higher compliance standards.
“The reverse onus is favourable because it addresses the power imbalances and ensures that a survivor does not have to prove the wrongdoing.”— 2019-10-22View Hansard
Gave full support to the bill, commending the Attorney-General's work and emphasising how the reforms give a voice to survivors by correcting the power imbalance with institutions.
“I rise today to give my full support to the Civil Liability and Other Legislation Amendment Bill.”— 2019-10-22View Hansard
Supported the bill while noting LNP concerns that recommendations 89 and 90 were not adopted, and raising stakeholder concerns about the broad definition of institutions affecting community organisations.
“The LNP is concerned that the government has not adopted recommendations 89 and 90 of the report.”— 2019-10-22View Hansard
Supported the bill, praising Julia Gillard for establishing the Royal Commission in 2012 and acknowledging the importance of implementing its recommendations for abuse survivors.
“I may not applaud Ms Gillard on many occasions, but when one considers what she put in train on that occasion and what has flowed from that royal commission, she deserves the praise of every Australian.”— 2019-10-22View Hansard
Spoke in support on the anniversary of the national apology, thanking the Attorney-General for the extensive work on the bill and reaffirming commitment to survivors.
“May I reaffirm that I am sorry and that we believe you, and what happened to you was not your fault.”— 2019-10-22View Hansard
Supported the bill while criticising the government for delays and failure to implement strict liability per recommendations 89 and 90, welcomed the inclusion of physical abuse consistent with his earlier private member's bill.
“I welcome the government's adoption of amendments to provide for the survivors of physical and associated psychological abuse consistent with clauses 3, 6 and 9 of my private member's bill.”— 2019-10-22View Hansard
As Minister, spoke in support of the reforms, emphasising how reversing the onus of proof and establishing proper defendants will prevent abuse and provide justice for survivors.
“Not only will these changes ensure victims can more effectively pursue civil litigation; they will go a long way to preventing institutional child sexual abuse.”— 2019-10-22View Hansard
Supported the bill, noting that Labor adopted the LNP's amendment to extend the definition of abuse to include physical abuse, and renewed calls for urgent action on youth sexual abuse in Indigenous communities.
“I note today that Labor has adopted our amendment to extend the definition of 'abuse' to include physical abuse and not just sexual abuse. This is good news.”— 2019-10-22View Hansard
That the amendment be agreed to
Vote on LNP amendment moved by Mr Janetzki to impose a non-delegable duty on certain institutions for child abuse, implementing recommendations 89 and 90 of the Royal Commission. The government opposed it, arguing strict liability could have unintended consequences for survivors. The amendment was defeated 37-46.
The motion was defeated.
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Ayes (37)
Noes (46)
As shadow Attorney-General, moved an amendment to impose a non-delegable duty on certain institutions (recommendations 89 and 90 of the royal commission). The amendment was defeated in a division 37-46.
“I too pay tribute to Mr Allan Allaway and to Kelvin Johnson, whom I have spent much time speaking with in relation to these matters.”— 2019-10-23View Hansard
Plain English Summary
Overview
This bill makes it easier for survivors of institutional child sexual abuse to sue for compensation. It implements recommendations from the Royal Commission by reversing the burden of proof and creating new rules for suing unincorporated organisations like churches.
Who it affects
Primarily benefits survivors of child sexual abuse in institutions such as churches, schools and youth organisations. Institutions now face stricter liability and must prove they took reasonable steps to prevent abuse.
Key changes
- Institutions must prove they took reasonable steps to prevent child sexual abuse, rather than survivors having to prove negligence
- Unincorporated organisations (like churches) can now be sued by nominating a proper defendant or using current office holders
- Courts can order that trust assets held by institutions be used to pay compensation to survivors
- Closes the 'Ellis defence' loophole that allowed some organisations to avoid liability because they had no legal identity
- Children awarded wrongful death damages can now recover trustee management fees