On Tuesday the 17th of February, a Bill to introduce retrospective vicarious liability laws for victim-survivors of institutional abuse is expected to pass with bipartisan support. This is a rare and welcome win in this space, and it will deliver justice to some of our most vulnerable Victorians.
In May 2025, LCV MP Rachel Payne introduced the Wrongs Amendment (Vicarious Liability) Bill 2025 in an attempt to access justice for the many victim-survivors of institutional abuse left reeling and broken after the High Court Bird v DP 2024 decision. While the Victorian Government wasn’t ready to support our Bill then, it has essentially repurposed it, and it is now set to pass. Some minor amendments will be proposed (to bring the Bill into line with other states and ensure that all workers are covered whether paid or volunteer), but we welcome the substantive portion of the proposed Bill. Today (and every day) we want victim-survivors front and centre of debates and discussions about abuse, and we are overwhelmed with relief that the Victorian Government is set to do the right thing.
This has been a long, hard road.
The pressure Rachel – and tireless community advocates and orgs – have applied, has worked.
We have stood with Sexual Assault Service Victoria, The Australian Lawyers Alliance, In Good Faith Foundation, The Federation of Community Legal Centres, Fitzroy Legal Centre, Victoria Legal Aid, The Victorian Aboriginal Legal Service, WESTJustice and more – we thank them for their brilliance, dedication and kindness.
Summary of what will happen on Tuesday:
Perpetrators will no longer be able to seek cover in settings like churches or community organisations under the guise that they are “not employees.” The onus will be on the organisation to ensure abuse by any adult in a position of power and authority is prevented, detected, and reported. This Bill will be retrospective and will enable a person to apply to the court to set aside a settlement or judgment that occurred between the date of the Bird v DP decision, and the commencement of the Bill.
Brief Background:
In November 2024, the High Court ruled that the Catholic Church was not liable for child abuse by a Ballarat priest because the priest was not an “employee.” While the finding was a blow for survivors, the High Court also noted that the reforming of this law was the job of parliament – and that is what we have done.”
Quotes attributable to Rachel Payne:
“Through no fault of their own, victim survivors have been denied justice because of a loophole that would never pass the water-cooler test. These people experienced horrendous abuse as children, but their suffering has not been properly acknowledged or recompensed. I have fought for them because I want victims to know that they are not alone.”
“This is an historic day for victim-survivors. We will stand with them next Tuesday and hope that the passing of this Bill (with some minor adjustments) brings them some sense of justice. We have worked with several survivors over many years, and I will be so proud to have them in the Chamber to see their hard work and determination result in changes – not only for themselves, but all victim-survivors from the past, present, and future.”
“One of the amendments to be proposed to the Bill next Tuesday relates to removing the word ‘integral’ as it applies to institutional activities. This will bring the legislation into line with the ACT and ensure there are no further loopholes. Whether a child is sexually abused by a paid employee or a volunteer, and whether that employee’s activities are ‘integral’ to the activities of the institution, should be irrelevant. It should be enough that they are part of the ordinary activities of the institution. We simply can’t let technicalities deny victim-survivors justice any longer.”
Published on Wednesday the 11th of February 2026.
Related:
- Justice for Victim Survivors – Rachel Payne
- Wrongs Amendment (Vicarious Liability) Bill 2025 Debate speech – Rachel Payne
- Wrongs Amendment (Vicarious Liability) Bill 2025 2nd Reading – Rachel Payne
- Vicarious liability law reform is a matter of urgency – Rachel Payne
- Vicarious liability laws must be comprehensive – Rachel Payne
- Vicarious liability reform requires retroactive justice – Rachel Payne
- A Day of Reckoning for Institutions that Enable the Abuse of Children – Rachel Payne
- Vicarious liability: protect legislation from evasive tactics – Rachel Payne
- No Exceptions for Abusers: Putting Survivors first on National Survivor’s Day 2025 – Rachel Payne
- Legalise Cannabis MP demanded justice for child sexual abuse survivors, applauds pending law change – Rachel Payne
- South-east MP vows to fight for justice for child sexual abuse survivors – Rachel Payne
