Labor introduces key victim laws after LNP fails to act

Queensland Labor will introduce laws to close a loophole that is blocking victims from holding their abusers to account after the LNP failed to act.

A 2024 High Court decision limited the rights of victims of child sexual abuse to sue institutions, such as churches, sporting clubs, or volunteer groups, after ruling they were not vicariously liable for their employees.

Labor’s laws, to be introduced to Queensland Parliament this week, will close this loophole by enabling institutions to be held vicariously liable for associated persons if their connection with the institution that is akin to employment.

The laws would also retrospectively allow a court to set aside any action settled from the date of the High Court decision, if appropriate.

The laws will give victims of institutional sexual abuse a voice and an opportunity to hold institutions accountable for the behaviour let to fester on their watch. 

The ACT and Victoria have already legislated to close the loophole to better protect victims.

Last year, Queensland Labor urged Queensland’s Attorney-General Deb Frecklington to follow suit, but instead she’s dragged her feet and turned her back on victims.

The Opposition has developed these laws in conjunction with legal experts and has listened to Queenslanders and victims – and would again encourage the government to support it.

Quotes attributable to Shadow Attorney-General Meaghan Scanlon:

“These laws will restore hope to victims of heinous abuse who have been forgotten and ignored.

“These laws will help address a legal loophole to ensure victims can have their day in court, to ensure their voices are heard, to ensure there is accountability, and to ensure what they went through is acknowledged and does not go unpunished.

“We will not stand by while organisations escape punishment because of a legal technicality.

“The Crisafulli Government say they put victims first and yet for over a year they have been on the side of paedophiles and offenders.

“We urge the Crisafulli Government to work with us, to put party politics aside and put victims first – to really put victims first – by urgently passing these laws to slam shut a loophole that should not exist.”

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