'Landmark' child safety racial discrimination class actions to be discontinued

Racial discrimination class actions targeting child safety departments in Queensland have been halted due to a lack of funding, leaving First Nations families without resolution. The Queensland actions were discontinued in the Federal Court, while similar cases in other states continue. A grandmother who signed up to the class action expressed disappointment and anger, stating that the system failed her and her family during a traumatic period.

Queensland's Child Safety Department is accused of removing Indigenous children from their care and placing them with predominantly white families, stripping the children of their cultural identity. The lawsuits sought an apology and compensation for the discrimination and loss of cultural identity. The case, initially handled by Bottoms English Lawyers, changed hands when the solicitor moved firms last year.

The current firm, WGC Lawyers, made significant attempts to secure alternative funding but failed. Courts have ordered the parties to draft a notice explaining the discontinuance, which has the potential to raise concerns of institutional neglect. Similar actions led by Shine Lawyers remain ongoing in Western Australia, New South Wales, South Australia, and Victoria, aiming for accountability and reform.

Advocates emphasize the need for addressing the over-representation of Aboriginal and Torres Strait Islander children in the child protection system, which is nine times higher than non-Indigenous children. The Queensland Department of Child Safety has committed to improving outcomes for Indigenous families and reducing their over-representation, accepting recommendations to strengthen support for community-controlled organizations and work towards Closing the Gap commitments.