Today is National Survivor’s Day and while we commend the Victorian Government’s recent announcement that they will introduce retrospective vicarious liability laws by the end of the year, we are concerned that loopholes will be left in place for other “volunteer” employees.
Now, most people accept that institutions complicit in abuse must be held responsible for it. Institutions cannot dodge, cover up, or facilitate the abuse of children. While this might seem like common sense, the 2024 Bird v DP High Court decision 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 effectively lets institutions off on a technicality.
There has been much reporting on the issue of vicarious liability recently, but far too little of it has focused on victim survivors. Today (and every day) we want them front and centre of compensation debates, and we vow to keep the pressure on the Victorian Government to do the right thing.
Vicarious liability is a passion area for Rachel Payne MP. Rachel introduced a Wrongs Amendment (Vicarious Liability) Bill in May of this year, and while the Government wasn’t ready to support it then, they have since announced that they will introduce retrospective laws by the end of the year. The pressure she – and tireless advocates – have applied has worked, but we are concerned at suggestions that there may be carve-outs for some perpetrators. These potentially include “volunteers” working in religious, cultural, community, and sporting institutions. Perpetrators actively seek cover in these settings, and the onus must be on the organisation to ensure abuse is prevented, detected and reported.
We call upon the Victorian Government to change our State’s Vicarious Liability laws as a matter of urgency and to include any institution that allows or perpetrates child abuse. Wrong is wrong and no exceptions should be made.
Quotes attributable to Rachel Payne:
“A child does not have control over whether their abuser is a volunteer or paid employee. They certainly don’t suffer any less. If we are serious about protecting kids and holding perpetrators to account, the institutions that turn a blind eye, move them around and even cover up for them must be held accountable.”
“We are completely out of step with comparable countries on this issue. There should not be limitations on what “kind” of survivor you are. No one seriously thinks a priest isn’t part of the Church or, that a Scout leader is just an individual volunteer. Organisations must be responsible for what happens in their name and do all they can to prevent the abuse of children.”
Related:
> Justice for Victim Survivors – Rachel Payne
> Wrongs Amendment (Vicarious Liability) Bill 2025 2nd Reading – Rachel Payne
> Wrongs Amendment (Vicarious Liability) Bill 2025 Debate speech – Rachel Payne
> Vicarious liability reform requires retroactive justice – Rachel Payne
> Vicarious liability laws must be comprehensive – Rachel Payne
> Vicarious liability law reform is a matter of urgency – Rachel Payne
> Legalise Cannabis MP demanded justice for child sexual abuse survivors, applauds pending law change – Rachel Payne
> South-east MP vows to fight for justice for child sexual abuse survivors – Rachel Payne
External:
> Wrongs Amendment (Vicarious Liability) Bill 2025 | legislation.vic.gov.au
> Statement From The Attorney-General | Premier
> Expand the law of vicarious liability – Petitions – Parliament of Victoria
