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.
Thursday the 31st of July 2025
Victorian Legislative Council
Rachel Payne (South-Eastern Metropolitan):
My constituency question is for the Attorney-General. My constituent is a resident of Frankston and one of many victim-survivors affected by a recent High Court decision limiting vicarious liability to employment settings.
Victim-survivors of institutional child sexual abuse will now struggle to access justice where their perpetrator was not an employee. Earlier this year when we introduced a private members bill to address this issue, we drew no distinction on the types of institutions it applied to, because child abuse can and does occur anywhere. While it was pleasing to see the Victorian government commit to changing the law by the end of the year, my constituent is concerned that the government’s legislation may not include sporting organisations or some volunteers.
So my constituent asks: will the government ensure that changes to vicarious liability laws apply to all institutions?
Written Response Received, 21st of August 2025:
I thank the Member for raising this matter and I also thank her constituent for their courage in coming forward to share their story and concerns.
The Victorian Government remains committed to supporting and protecting victim-survivors of child abuse. The Government is currently looking at options, including the introduction of legislation, to address the issues arising from the High Court’s decision.
I have on multiple occasions raised the impacts of the High Court decision with my colleagues across Australia at the Standing Council of Attorneys-General. While I continue to advocate for a nationally consistent approach, I recognise and acknowledge the urgency of this matter for many victim-survivors.
I can assure you that this work is a priority for the Government and we will be taking further steps as soon as possible.
The Hon. Sonya Kilkenny MP
Attorney-General
Related:
> Justice for Victim Survivors – Rachel Payne
> Wrongs Amendment (Vicarious Liability) Bill 2025 Debate speech – Rachel Payne
> Wrongs Amendment (Vicarious Liability) Bill 2025 2nd Reading – Rachel Payne
> Vicarious liability law reform is a matter of urgency – Rachel Payne
> Working with children check system needs national reform – Rachel Payne
> Protect Victorians’ rights to peacefully protest – 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
