Through no fault of their own, victim survivors of institutional child abuse are being denied the justice they deserve – simply because their perpetrator was not technically an employee. 

The recent High Court decision in Bird v DP means that survivors of institutional child abuse cannot rely on the law of vicarious liability. This decision puts Australia at odds with other countries including the United Kingdom, New Zealand, Ireland and Canada. 

In their ruling the High Court noted that changing these laws is the responsibility of government, prompting widespread calls for reform. The Victorian Attorney-General has assured us that they are undertaking consultation. But we cannot afford to wait. 

In the meantime, institutions like the church are protected by yet another legal loophole and a second class of victim survivors are left in legal limbo. 

That’s why we have introduced the Wrongs Amendment (Vicarious Liability) Bill 2025, to ensure that the law applies equally and retrospectively – regardless of whether a perpetrator was technically an employee. 

This Bill will be debated on 14 May 2025.  

While the Victorian Government refuses to support private members’ bills, it is our hope that we can ensure they commit to reforming the law as a matter of urgency. 

You can help us by writing to the Attorney-General – let them know how important it is that these laws are urgently changed. You are welcome to use our template or make it your own.  

We stand with victim survivors on the road to justice. 

If you or someone you know needs support, you can call Lifeline on 13 11 14.

> Wrongs Amendment (Vicarious Liability) Bill 2025 2nd Reading

> Justice access for child sexual abuse victim-survivors

>Vicarious liability law reform is a matter of urgency

External:

> Wrongs Amendment (Vicarious Liability) Bill 2025 | legislation.vic.gov.au