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. In both groups, claims of unlawful discrimination on the basis of race or descent are made. It is also claimed the Department failed to adhere to the Child Placement Principles within the Child Protection Act 1999 (Qld). The Child Placement Principle was enacted to prioritise placement of Aboriginal and Torres Strait Islander children with their Aboriginal and Torres Strait Islander family, community, or other Aboriginal and Torres Strait Islander families, where such placement is safe for the child. 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.

The claim on behalf of First Nations children who went through the child protection system alleges that the Department breached its obligations and failed to assist families to reunite or restore their family relationship, impacting on internationally recognised human rights. It claims that the Department failed to assist children in the child protection system to learn about and practise their culture, language or connection to Country. It claims that the Department failed to investigate and locate family members who may be regarded as a parent in Aboriginal culture to care for a removed child or children, contrary to the Child Placement Principle.

For children, if you identify as Aboriginal and/or Torres Strait Islander, are at least 14 years old on 11 November 2023, were removed from your family by the Queensland Department of Child Safety on or after 4 March 1992 and before turning 18, you may be eligible to join the class action as an affected child.

The parents’ case claims that the Department breached its obligations and failed to reunite or restore family relationships between parents and removed children, although parents had complied wholly or substantially with the requirements imposed by the Department following removal of a child or children. 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. Again, this conduct is contrary to the legislated Child Placement Principle.

For parents, if you identify as Aboriginal and/or Torres Strait Islander, had a child or children removed from your care by the Department on or after 4 March 1992, and were given requirements by the Department to have contact or reunite with your removed child or children, you may be eligible to join the class action as an affected parent.

The DOCS Class Action seeks a number of financial and non-financial remedies from the Respondent including establishing a well-resourced consultation process designed to facilitate the restoration of family relationships for those impacted by the Department’s actions, training for staff to interact with First Nations families in a trauma-informed and culturally sensitive manner, a formal and public apology for the Department’s child removal practices, and financial compensation.

You can sign up for the DOCS Class Action by visiting the case website here, or by calling the Hotline on 1800 405 405.