HELP VICTIM SURVIVORS OF INSTITUTIONAL ABUSE GET JUSTICE
Victim survivors of institutional child abuse are being denied justice – simply because their perpetrator was not an employee.
The recent High Court decision in Bird v DP means that victim survivors of institutional child abuse cannot rely on the law of vicarious liability to sue an institution where their perpetrator was not an employee. This has created a second class of victim-survivors and given institutions like the church yet another loophole to avoid accountability for past wrongdoing.
This decision puts Australia at odds with other countries including the United Kingdom, New Zealand, Ireland and Canada. The High Court noted that changing these laws is the responsibility of government, prompting widespread calls for reform.
WHAT ARE WE DOING?
In May we introduced the Wrongs Amendment (Vicarious Liability) Bill 2025 into the Victorian Parliament.
This Bill would allow victim survivors to access justice as it ensures that the law applies equally and retrospectively – regardless of whether a perpetrator had the title of employee.
We stand with victim-survivors on the road to justice.
WHAT’ S THE LATEST?
The Victorian Government was not ready to support our Bill at the time but the Attorney-General promised to prioritise reform.
The Victorian Government has since introduced their own bill for retrospective vicarious liability laws. Importantly, this allows for settlements and judgements impacted by Bird v DP to be set aside.
We expect this Bill will be passed in early 2026.
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📰 LATEST NEWS
Wrongs Amendment (Vicarious Liability) Bill 2025 Debate speech
Rachel spoke on the Wrongs Amendment (Vicarious Liability) Bill 2025, which was debated on Wednesday the 14th of May. This bill was presented by Rachel on behalf of Legalise Cannabis Victoria, intending to close a legal loophole impacting victim-survivors of historical child sexual abuse.Wrongs Amendment (Vicarious Liability) Bill 2025 2nd Reading
Rachel presented the second reading of the Wrongs Amendment (Vicarious Liability) Bill 2025, on behalf of Legalise Cannabis Victoria. She initially introduced the bill to the Legislative Council on the 19th of February. Rachel also tabled a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006 prior to the second reading.
