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About the Bill

On 31 October 2018, Mr Michael Berkman MP, Member for Maiwar, introduced the Civil Liability (Institutional Child Abuse) Amendment Bill 2018.  The Bill was referred to the Legal Affairs and Community Safety Committee for detailed consideration.  The committee tabled its report on 30 April 2019. 

The objective of the Bill is to implement Recommendations 89-94 of the 2015 Redress and Civil Litigation Report  (the Report) of the Royal Commission into Institutional Responses to Child Sexual Abuse (the Royal Commission).

Implementation of these recommendations before the National Redress Scheme comes into effect is imperative to remove barriers to civil litigation and ensure survivors of child abuse are not denied any potential avenues for redress.

Recommendation 46 of the Royal Commission makes clear that the National Redress Scheme should not commence until after the Parliament legislates the reforms relating to time limits and the duty of institutions.

In 2016 time limits were removed, but the duty of institutions remains unaddressed in Queensland. The Bill seeks to address this as soon as possible in light of the imminent commencement of the National Redress Scheme.

SPEAKER’S RULING—APPLICATION OF SAME QUESTION RULE TO INSTITUTIONALISED CHILD SEXUAL ABUSE BILLS  (Transcript, Tuesday 18 February 2020, pp 327-328)

 On 31 October 2018, the Member for Maiwar introduced the Civil Liability (Institutional Child Abuse) Amendment Bill 2018 (the private member’s bill).  On 15 November 2018, the Attorney-General and Minister for Justice introduced the Civil Liability and Other Legislation Amendment Bill (the government bill). The bill was passed on 23 October 2019 and received Royal Assent on 30 October 2019.

Standing Order 87(1) provides that, unless the Standing Orders otherwise provide, a question or amendment shall not be proposed which is the same as any question which, during the same session, has been resolved in the affirmative or negative.

(In order to be out of order under Standing Order 87 a bill does not have to be identical to another bill, merely the same in substance as the previous bill).

On 18 February 2020 the Speaker ruled that: ”The Civil Liability (Institutional Child Abuse) Amendment Bill 2018 contains provisions which are substantially the same as those contained in the Civil Liability and Other Legislation Amendment Bill 2018, which the House has passed.  Therefore, under Standing Order 87, the Civil Liability (Institutional Child Abuse) Amendment Bill 2018 cannot proceed and is discharged from the Notice Paper.”

Committee Report

The committee tabled its Report No. 37, 56th Parliament - Civil Liability (Institutional Child Abuse) Amendment Bill 2018 on 30 April 2019.

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