Rachel asked when the Attorney-General will implement recommendation 24, as stated in the “2022 Government Response to the Recommendations of the Inquiry into responses to historical forced adoption in Victoria.”
Recommendation 24 proposed that “The Victorian Government investigate removing the requirement to prove a significant injury has been suffered as a result of the separation of mother and baby in relation to personal injury claims made under the Wrongs Act 1958 (Vic).” This recommendation is yet to be implemented.
Rachel Payne (South-Eastern Metropolitan):
My constituency question is for the Attorney-General. My constituent is a proud mother and grandmother from Dandenong. She was 18 when her first child was born, in 1967. Before she could hold her newborn, the baby was taken and put up for adoption without her consent. For decades my constituent has been fighting for justice, alongside an estimated 250,000 Australians impacted by forced separation and closed adoption.
At its height, from the 1950s through to the early 1980s, these mothers endured abhorrent treatment. Recommendation 24 of the inquiry into responses to historical forced adoptions in Victoria called for changes to the Wrongs Act 1958 to give these mothers greater access to justice. Despite the Victorian government committing to exploring reform, nothing has actually changed.
My constituent asks: when will the Attorney-General implement recommendation 24?
Written response received, 13th of August 2025:
I thank the Member for their question and acknowledge the courage of their constituent in sharing her story—a story that reflects the deep and lasting harm experienced by many women subjected to historical forced adoption practices in Victoria.
The Victorian Government has committed more than $138 million for an Australian-first historical forced adoptions redress scheme and to improve post-adoption services.
The Inquiry into responses to historical forced adoptions in Victoria recommended that the Victorian Government investigate removing the requirement to prove significant injury in cases of forced adoption. This would involve complex amendments to the Wrongs Act 1958. The government is considering the feasibility of, and benefits and risks associated with, this recommendation.
The Hon. Sonya Kilkenny MP
Attorney-General
Related:
> Inquiry into Workplace Drug Testing in Victoria – Rachel Payne
> Inquiry into the State Education System in Victoria – Rachel Payne
> Motion to refer inquiry – Royal Commission into Victoria’s Mental Health – Rachel Payne
External:
> Victorian Government’s response to the Inquiry | vic.gov.au
