Greens introduce a bill to implement urgent Royal Commission recommendations including reversing the Ellis Defence

31 October 2018

The Greens will today introduce a Bill to implement urgent recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse to make sure survivors can hold institutions liable in court.

“This Bill will finally overturn the infamous “Ellis defence” and make sure all institutions can be held liable, as recommended by the Royal Commission and following similar moves for reform in NSW, Victoria and ACT.  

“Queenslanders will not accept institutions hiding behind complex legal structures to avoid justice.

“The Royal Commission explicitly recommended that these changes should be made before the National Redress Scheme commences, otherwise survivors are left to make decisions about redress payments under the Scheme without all options on the table.

“The Queensland government component of the National Redress Scheme will commence in the next few months, but disappointingly Queensland Labor is yet to commit to these crucial changes.

“This Bill is now urgent. These changes need to be made immediately after two years of inaction since the most recent Government issues paper.

“Our Bill will overturn the Ellis defence by making unincorporated institutions and trusts liable, but importantly it will also include incorporated institutions.

“It will align Queensland legislation with NSW and Victorian law to provide redress for more victims of child abuse, by including sexual abuse, serious physical abuse and other related abuse.

“Justice for survivors of abuse is above politics, and I’d encourage the Government and Opposition to do the right thing and work with me on these amendments.

Media contact: Abe O’Neill 0439 758 860

Note:

 

  • The Royal Commission’s recommendation 46 in the Redress and Civil Litigation Report called for these changes to be made before the National Redress Scheme commences.
  • These changes implement the Royal Commission’s recommendations 89-94 in that Report.

 

 

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