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. 

Wrongs Amendment (Vicarious Liability) Bill 2025

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

While the Victorian Government was not ready to support our Bill when it was debated in May, we have spoken with the Attorney-General who promised to prioritise work on reforming the law and lobbying for a national approach.

We adjourned debate on our Bill to give the government a chance to do the right thing. Should they fail, we will hold them to account and reserve the right to bring our Bill back for debate.

We stand with victim survivors on the road to justice. 

Help Make Change

You can help us by sharing our message on social media and 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.  

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