Queensland survivors demand closure of 'loophole' protecting abusers

Survivors of institutional abuse in Queensland are demanding the state government close a legal loophole that has denied them justice. The loophole, highlighted by a 2024 High Court decision, found the Catholic Church not vicariously liable for abuse perpetrated by a priest because he was not considered an 'employee.' This ruling has left many victims without recourse, a situation that has prompted swift legislative action in other Australian states like the ACT and Victoria, with Western Australia also considering similar measures.

“

Queensland's Labor opposition will introduce a private member's bill to parliament seeking to close a "loophole" that it says is "protecting paedophiles and the institutions that gave them power".

Queensland's Labor opposition is set to introduce a private member's bill this week, aiming to rectify this injustice. Shadow attorney-general Meaghan Scanlon has accused the current government of inaction, stating that survivors "deserve their day in court." The bill seeks to hold institutions accountable for the actions of those they empowered, whether they were employees, priests, or volunteers. The core argument is that the trauma and pain experienced by survivors are the same, irrespective of the offender's formal status.

“

It's been over a year since this High Court decision and yet the Crisafulli government has failed to do anything.

Victims like Diane Carpenter, who suffered abuse as a ward of the state, and Val Cooper, who described her childhood as a period of survival rather than play, are pleading for the government to "stand with victims." They emphasize that the legal technicality of employment status should not be a barrier to justice. Cooper poignantly stated, "When legislation comes along and says 'no,' do you know what that does to survivors? It just kills you." The push for this legislation underscores a broader societal reckoning with historical abuse and the legal frameworks that have, in some cases, protected institutions over victims.

“

For all survivors, this is what we want. What this means to us is that everybody deserves a pathway to justice.

This issue resonates deeply within Queensland, where the state government's response is under scrutiny. While Western media might focus on the legal intricacies of vicarious liability, for survivors and their advocates in Queensland, this is a deeply personal fight for recognition and accountability. The proposed bill represents a critical step towards ensuring that no survivor is denied justice due to a technicality, reflecting a growing demand for systemic change and institutional responsibility.

“

I was busy surviving while others were laughing and playing. I carried fear, sadness and responsibilities that were never meant for a child, and that part of me is still there and [it's] tired.