Historic Win for Victim Survivors of Institutional Abuse in Victoria
On Tuesday the 17th of February, a Bill to introduce retrospective vicarious liability laws for victim-survivors of institutional abuse is expected to pass with bipartisan support.
Vicarious liability reform requires retroactive justice
Rachel asked the Attorney-General a question on victim-survivors of institutional child sexual abuse, whose cases will be decided before vicarious liability laws are reformed. In lieu of passing Rachel’s private member’s bill to effect change to vicarious liability laws, the Victorian government have committed to amending the Wrongs Act 1958. These changes would allow institutions to be held liable for crimes of child sexual abuse perpetrated by “non-employees”. However, victim-survivors who are already engaged in the judicial process could have their cases decided before these changes are passed. Rachel sought clarity on how the changes will affect these individuals.
Transparency on initial review of Victoria’s working with children scheme
Rachel requested the immediate tabling of documents relating to the Department of Government Services 2025 initial review of Victoria’s working with children scheme.
Recent news has called attention to child abuse cases within the childcare sector, perpetrated by workers who held valid working with children checks. This has emphasised the overdue need for reform of the Victorian working with children check system.
Vicarious liability laws must be comprehensive
Rachel asked a constituency question about proposed changes to the Wrongs Act 1958. Earlier this year, Rachel submitted a private member’s bill to the Victorian Legislative Council, which would hold institutions vicariously liable for child abuse committed by ‘non-employees’.
While this bill did not pass, the Government have agreed to reform the law so that victim-survivors can access justice. After concerns from community members that the reform will be limited to crimes of abuse perpetrated within the church, Rachel sought confirmation that the law reform will be inclusive of all relevant settings.
Working with children check system needs national reform
In February, Rachel called on the Premier for greater safeguards to be implemented through the working with children check system, on a national level. This call was not responded to. Meanwhile, reports of serial child predators within the childcare system have horrified the nation.
Rachel again asked for a cohesive, nationally harmonised approach to ensure that working with children checks are serving their intended purpose.