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.
In November 2024, the High Court ruled that the Catholic Church was not liable for child abuse by a Ballarat priest because the priest was not an ‘employee’, so the church was not ‘vicariously liable’, and the court said it was the job of parliament to rectify this.
Ms Payne said her bill would have removed the legal barrier, and was debated on May 14, but not put to the vote as there was not enough support to pass the legislation.
Attorney-General commits to drafting legislation
Victorian Attorney-General Sonya Kilkenny told the ABC on June 16 that her department will begin drafting legislation that prevents victim survivors from securing justice. The Attorney-General also acknowledged many victim-survivors felt ignored.
“I welcome that news,” Ms Payne said. “These people are already up against a legal system that has historically made it unnecessarily difficult to recover compensation from organisations for the child abuse they suffered.
“The High Court decision put victim survivors in limbo – with many cases indefinitely halted, unless reforms are made.”
Ms Payne said people abused and exploited as children are deeply injured because their pain was not acknowledged or recompensed but if Victoria introduces retrospective laws removing this legal obstacle, they will finally feel seen, respected and cared for.
“Because of the High Courts reluctance to establish vicarious liability outside of the strict employee-employer relationship, there is now a second class of victim survivors who will struggle to access justice” she said during the bill debate.
Rachel urges all MPs to support law reform
Ms Payne said she introduced her bill to show victim survivors that they were not alone, and she stood with them.
“I welcome news that the attorney-general is acting to address this injustice,” she said. “And I can’t wait for the legislation to arrive in Parliament. I’m sure many victim survivors will want to be in parliament when the bill is read. They will feel that their day has finally come.
“The wait is finally over. Too many people were living in limbo, in anguish and pain. I wish all victim survivors healing and peace, and I urge all MPs from every party to support legislation that remove this legal barrier preventing victims of historical child sexual abuse from accessing justice.
“I can’t wait to see the government’s legislation. The Australian Lawyers Alliance and the In Good Faith Foundation (IGFF), which supports victim survivors, have long been calling for action in this space as soon as possible.”
Friday the 27th of June, 2025
Related:
> Justice for Victim Survivors – Rachel Payne
> Justice access for child sexual abuse victim-survivors – Rachel Payne
> Vicarious liability law reform is a matter of urgency – Rachel Payne
> Wrongs Amendment (Vicarious Liability) Bill 2025 2nd Reading – Rachel Payne
> Wrongs Amendment (Vicarious Liability) Bill 2025 Debate speech – Rachel Payne
> South-east MP vows to fight on for justice for child sexual abuse survivors – Rachel Payne
External:
> Wrongs Amendment (Vicarious Liability) Bill 2025 | legislation.vic.gov.au
> Expand the law of vicarious liability – Petitions – Parliament of Victoria
