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AAP
AAP
Laine Clark

Govt faces class action over First Nations claims

A class action alleges Queensland's failure of First Nations families. (Lukas Coch/AAP PHOTOS)

A major class action has been launched against the Queensland government for a "systemic failure" to reunite First Nations families.

The state's child safety department has been accused of breaches including failing to restore families affected by child protection laws.

Bottoms English Lawyers' Jerry Tucker leads the action which covers First Nations parents and children from across the state.

They have accused the child safety department of not only refusing or failing to reunite families but also not supporting children within the system to learn and practice their culture, language or connection to Country.

They also allege the department failed to place children with other Indigenous family members.

Ms Tucker said the Child Protection Act required them to place Indigenous children removed from their parents with family or First Nations carers if possible. 

The action alleges in some cases the department failed or refused to provide information about the families of removed children.

"The cases do not make allegations about departmental decisions to remove a child but instead focus on their actions once a child is removed," Ms Tucker said.

"Specifically the actions taken when placing a child in the care of others and actions taken when families attempt to reunite with removed children."

The department is also accused of failing to reunite families even after parents had complied with its conditions.

"Systemic failure to adhere to the child placement principles breaches internationally recognised human rights and has resulted in fractured family units as well as severing connections to culture and community," Ms Tucker said.

The lead applicant for the parents' case is Brett Gunning who said he had spent more than a decade trying to reunite with his three children. 

"I kept reaching their (child safety's) milestones and then once I did, they kept moving the bar higher and higher," he said.

Lead applicant for the children's case is Madison Burns who said she was taken into the department's care when she was born. 

Until the age of 18 she was placed in foster homes, residential group homes and motels.

"I know nothing about my culture. I have dark skin and I know I'm Aboriginal and that's it," she said.

Ms Tucker said they would be seeking financial compensation and an apology from the government.

They would also be seeking a consultation process to help restore families impacted by the department.

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