A class action alleging racist child removals could have wider ripples

There was a significant, but quiet, development in Queensland this month likely to have far-reaching implications beyond the two traumatic and personal stories of child removals and hidden family histories driving it.

“Child protection class action launched alleging racial discrimination,” the headline of a post on the Cairns-based Bottoms English Lawyers website read two weeks ago.

Two traumatic stories will spearhead a class action against alleged racist child removals.Credit: Meredith O’Shea

The fledgling case hinges on two elements: the treatment of First Nations children, and their parents, within the Queensland system.

“The DOCS Class Action involves claims for breaches of the Racial Discrimination Act 1975 (Cth) by the Queensland Department of Child Safety, towards both children who were removed from their families, and parents who had children removed,” the statement said.

The action also claims the department failed to adhere to placement principles in the Child Protection Act 1999 meant to prioritise placement of Aboriginal and Torres Strait Islander children with their family where this was safe.

“It also involves ensuring that Aboriginal and Torres Strait Islander children in out-of-home care are supported to maintain connection to their family, community and culture, especially children placed with non-Indigenous carers.”

First Nations children who went through the system are alleged to have been failed by the department, which breached obligations to help families reunite or restore relationships, “impacting on internationally recognised human rights”.

Parents are also alleged to have been failed through a departmental breach of its obligations to reunite and restore relationships with removed children despite meeting the requirements imposed on them for this to happen.

“It also claims that the Department failed to assist parents by making no or no adequate attempts to investigate and locate family members who may be regarded as a parent in Aboriginal culture to care for a removed child or children.”

The claim is not historical, either. First Nations parents with departmental requirements for contact or reuniting with children removed on or after March 4, 1992, are also included.

As are First Nations children at least 14 years old as of November 11 this year who were removed from their family by the department since that 1992 date.

The class action is seeking many things. A well-resourced consultation process to help restore families affected by the department’s actions is one.

As is trauma-informed and cultural sensitivity training for staff on how to deal with First Nations families, along with a formal public apology for the department’s child removal practices, and financial compensation.

The class action’s official website describes it as a “landmark” case based on hundreds of family complaints. The reasons for this flow beyond even just the visceral and long-lasting trauma for children, parents and families.

Queensland’s youth justice reform committee, tasked with shaping a new approach to what has long been described a “race to the bottom” by major political parties, held its first hearings last week.

Boneta-Marie Mabo, a Munbarra, Meriam and Nywaigi woman who manages the state youth program at support and advocacy organisation Sisters Inside, drew the connection clearly.

“Criminalisation is usually the outcome of repeated and intergenerational experiences of racism, violence, poverty, homelessness, child removal and unemployment resulting in complex health issues and substance use,” she told MPs sitting across the room.

“Criminalised children are victims and they are victims because of the failures of government policies.”

The committee will hear from key government departments next week before regional hearings in February, chair Sandy Bolton said in a statement on Monday.

“[And] asking government officials some pointed questions about what is being done to address these problems in both the short and long term, and their thoughts on the recommendations made by submitters and witnesses so far.”

A department spokesperson said: “We are aware of this matter which is before the Federal Courts and it would be inappropriate for us to comment at this stage.”

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