Slater & Gordon Backs QLD Move to Close Legal Loophole

Slater and Gordon has welcomed the introduction of a Private Members Bill in the Queensland Parliament aimed at strengthening access to justice for victim-survivors of institutional abuse.

The proposed reform put forward by Shadow Attorney-General Meaghan Scanlon will close the legal loophole preventing victim-survivors from having their day in court, created by the High Court's decision in Bird v DP.

This decision narrowed the scope of vicarious liability and restricted victim-survivors pursuing claims against institutions.

The Bill represents an important step in continuing to push for reform in Queensland to ensure institutions can be held to account.

Slater and Gordon Lawyers Head of Abuse Law Steph Brown said the introduction of the Bill highlights the need for legislative change.

"The High Court's decision in Bird v DP has left many victim-survivors of childhood sexual abuse without a clear pathway to justice," Ms Brown said.

"This Bill will close the legal loophole denying victim-survivors of childhood sexual abuse their day in court, allowing them to seek justice before the court. "It is critical that any reform applies retrospectively, so that victim-survivors who have already been denied justice are not left behind." Slater and Gordon urged the Queensland Government to support and progress the reform.

"This is ultimately a question of political will," Ms Brown said. "The Queensland Government has an opportunity to act and make sure victim-survivors are not locked out of justice because of a technical legal limitation." Ms Brown noted that momentum for reform is building across states and territories, following legislative action in Victoria.

"There is a clear move nationally toward recognising the realities of institutional abuse and the responsibility of organisations," Ms Brown said.

"While there has been some progress, there remains inconsistency across states. We continue to encourage governments, including New South Wales, to consider reforms that ensure fair and consistent access to justice."

Slater and Gordon continue to advocate for reforms that prioritise accountability and support for victim-survivors.

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