A South-east Melbourne crossbencher has vowed to keep pushing the government to make institutions accountable for the historic child sexual abuse, but she was unable to secure a law change this week.
LCV MP Rachel Payne introduced a private members bill to state parliament that would have removed a legal barrier preventing victim survivors from accessing justice, but it did not secure the support to pass.
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’, so the church was not ‘vicariously liable’.
“Right now, victim survivors can’t seek financial compensation from many institutions such as churches and sporting clubs, because their perpetrator was not legally an ‘employee’, but instead classified as a volunteer or spiritual counsellor,” Ms Payne said.
“The High Court said loud and clear that it was the job of parliament to fix the law and hold these institutions to account
“It’s a shame that neither the Government or Opposition backed this bill, but rather again said they want Australia’s attorney generals to come up with a national approach and move forward in unison.
“However other states are resisting change and don’t see this as a priority, it’s time Victoria found the courage to go it alone and do the right thing by victim survivors.
“We’re talking about justice for people who as children and teens were subjected to the most heinous abuse, and now their hurt and injury are not being fairly acknowledged or recompensed. This is re-traumatising people.
“We have even heard of people taking their own lives while they wait for justice.”
The Australian Lawyers Alliance, a national association of lawyers and academics, is also urging the Victorian Government to change the law.
“Legalise Cannabis put up a private members’ bill because we wanted to show victim survivors that they were not alone – we are standing with you.”
“We are deeply concerned about the real and ongoing impact of the High Court’s decision on victim survivors and their ability to access justice,” said Susan Accary, Victorian President, Australian Lawyers Alliance.
“We welcome the Victorian Government’s interest in this issue and urge the Government to engage with the debate on the Bill proposed by Rachel Payne of Legalise Cannabis Victoria.”
The In Good Faith Foundation (IGFF), which supports victim survivors, is also backing the bill.
“Now is the time for governments across Australia to step up and legislate to enshrine vicarious responsibility laws for sexual abuse committed, and to assign responsibility to the organisation that housed this offending – whether directly or through a volunteer or contractor working on their behalf,” said Clare Leaney, CEO of IGFF and Co-Founder National Survivors’ Day.
“A failure to do so would once again open the doors for offending to flourish in the community. Simply, if a community organisation cannot responsibly guarantee safe services for our children, they have no business providing them.”
Ms Payne said she wanted to keep working with the Allan government to fix this wrong.
Friday the 16th of May, 2025
Related:
> 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
> Support Services – Rachel Payne
External:
> Wrongs Amendment (Vicarious Liability) Bill 2025 | legislation.vic.gov.au
