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.

Write to the Attorney-General
Rachel speaks to media, accompanied by victim-survivors of historical child sexual abuse cases, and relevant stakeholders
Rachel speaks to media, accompanied by victim-survivors of historical child sexual abuse cases, and relevant stakeholders.

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.

The Victorian Attorney-General has assured us that they are undertaking consultation. But we cannot afford to wait. 

WHAT ARE WE DOING?


We stand with victim-survivors on the road to justice. 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.

WHAT’ S THE LATEST?


The Victorian Government was not ready to support our Bill but at the time, the Attorney-General promised to prioritise reforming the law.

The Victorian Government has since announced they will introduce retrospective vicarious liability laws by the end of 2025. We will hold them to account and reserve the right to bring our Bill back for debate.

HOW CAN I HELP?


You can help keep the pressure on by writing to the Premier and Attorney-General – let them know why it’s so important that these laws are urgently changed.

You can also help us by amplifying the stories of victim-survivors impacted by this High Court decision. We will be sharing a number of these stories through my social media.

🖊️ WRITE TO THE ATTORNEY-GENERAL

🤝 SUPPORT SERVICES

LIFELINE: 13 11 14

BRAVEHEARTS: 1800 272 831

1800 RESPECT: 1800 737 732

📰 LATEST NEWS

Judges desk with gavel and scales

Wrongs Amendment (Vicarious Liability) Bill 2025 2nd Reading

Posted in Parliament, Bills
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.

Vicarious liability law reform is a matter of urgency

Posted in Parliament, Questions to Parliament
Rachel asked the government to prioritise vicarious liability law reform as a matter of urgency. Rachel is advocating for reform to ensure that victim-survivors of historical child abuse can access justice for crimes of abuse perpetrated in non-employment settings. This includes such settings as churches, foster care, Scouts and sports clubs.

Legalise Cannabis MP demanded justice for child sexual abuse survivors, applauds pending law change

Posted in News, Media Releases
South-East MP Rachel Payne – who has been working for justice for survivors of child sexual abuse – has welcomed news that the law will be changed in Victoria, to make institutions accountable for past wrongdoings of clergy and volunteers. Ms Payne of the Legalise Cannabis Party introduced her own bill to hold institutions, such as the Catholic Church and community sporting clubs, answerable for child sexual abuse perpetrated by clergy and volunteers.
Close-up of a wooden gavel on a desk, symbolizing justice and legal authority.

Justice access for child sexual abuse victim-survivors

Posted in Parliament, Questions to Parliament
The recent High Court decision of Bird v. DP held that the Roman Catholic Diocese of Ballarat could not be held vicariously liable for known historical child sexual abuse because Father Coffey was not an employee. For many survivors of historical child sexual abuse committed in the church or other non-employment settings like foster care and Scouts, this decision limits their ability to access justice.