Forced adoption Qld: Redress considered, without legal recourse

The Queensland Government will consider a redress scheme for victims of forced adoption, but has stopped short on one point.

A redress scheme for victims of forced adoptions is being considered by the State Government, but it has stopped short of committing to changes that would allow legal action for compensation claims.

This year the Victorian Government announced a redress scheme for mothers who had their babies forcibly removed, however the redress does not recognise the children.

In 2018, all Australian states and territories committed to the National Redress Scheme in response to the Royal Commission into Institutional Responses to Child Sexual Abuse. 

Shine Lawyers’ Kimberly Allen said the 2018 scheme, and the removal of the limitation, had set a precedent.

“(States) removed limitation periods in relation to child sexual abuse and in some states, physical abuse, if it occurred when (the victim was) under the age of 18,” Ms Allen said. “This meant their right to justice was restored and they could pursue those actions because there was no longer a limitation period in place.”

Ms Allen said that, in cases of an “illegal adoption or an alleged illegality in an adoption process … the accountability by those responsible shouldn’t be hindered by the statute of limitations”.

“These impacts that we’re seeing on the women that suffered is truly horrifying, (and it’s) universal,” she said.

“Those institutions and those responsible need to be held accountable for those horrendous acts.

Victim of forced adoption Jan Benson with the strap used to restrain her to the bed. Picture: Patrick Woods.

“To continue to deny (mothers and children) that, just compounds the heartache they’ve carried for many years.

“Action is needed and governments around Australia need to take steps to address this, to amend legislation to remove the statute of limitations for these claims.”

In 2012 then premier Campbell Newman publicly apologised to victims. Then prime minister Julia Gillard made a national apology in 2013.

“You were denied knowledge of your rights … you were forced to endure the coercion and brutality of practices that were unethical, dishonest and in many cases illegal,” Ms Gillard said.

“For the loss, the grief, the disempowerment, the stigmatisation and the guilt, we say sorry.”

For Kerri Saint, “sorry” will never be enough.

“It impacts my whole life,” Ms Saint said.

“It affects my sense of belonging, my children and grandchildren. My medical history, my sense of identity. It just follows us the whole of our lives. We need more from the government, not just an apology.”

The Department of Children, Youth Justice and Multicultural Affairs said changes to the statute of limitations were not being considered.

“At this time, no decision has been made regarding a redress scheme similar to what has been announced in Victoria,” a spokesman said.

“(The Department) encourage any member of the community affected by forced adoption to come forward and contact the Department of Children, Youth Justice, and Multicultural Affairs.”