Today, the Victorian Government introduced a bill to improve access to compensation for victim-survivors of institutional child abuse. It is our job as legislators to get the right outcome, and we commend the government for doing what we and countless have been calling for – the removal of absurd vicarious liability loopholes.
Institutions complicit in abuse must be held responsible for it. Full stop. While this might seem like common sense, in the 2024 Bird v DP High Court case it was held that the Catholic Diocese of Ballarat could not be held vicariously liable for historical child sexual abuse, because the perpetrator was a Priest and not an employee. This meant the church was not “vicariously liable” — effectively letting them off on a technicality. Rachel Payne MP introduced a Wrongs Amendment (Vicarious Liability) Bill to the Victorian Parliament in May 2025 to close this loophole.
The Victorian Government wasn’t ready to support our Bill then, but today we see movement.
The Allan Government has finally dusted our Bill off, popped a new title on it and put it up as their own – as they often do with private members’ bills. While there is a discussion to be had about how the automatic rejection of private members’ bills represents an unnecessary delay – and a significant waste of time and parliamentary resources – today we want to focus on the fact that this Bill is a win for survivors. Victim survivors can finally rest easier in the knowledge that the State’s Vicarious Liability laws will be in line with comparable laws in other jurisdictions.
In further pleasing news, despite suggestions in the media that there could be carve-outs for some religious, cultural, community and sporting institutions, those carve-outs have not eventuated. A child is no less harmed by a volunteer than a paid employee, and they are no less impacted if that abuse is enabled by a church, community group or other institution. Survivors can now rest assured that we will not have a two-tiered system, and that all institutions that fail to protect the children in their care can be held accountable.
Quote attributable to MP Rachel Payne:
“Today is a win for survivors, their loved ones and their advocates. We hope this goes some way to remind them that they are seen and heard. I stand with victim survivors, and I want to assure every survivor that I remain committed to being a voice for them in Parliament and elsewhere.”
Quote attributable to Karen Walker (Advocate for Survivors):
“Child sexual abuse is a huge betrayal of trust by the adults committing this serious crime. And also by the institutions responsible for the safety of the children in their care. But justice isn’t only an acknowledgement of the consequences of a serious crime, it is important to healing.”
Published on Wednesday the 19th of November 2025.
Related:
- Wrongs Amendment (Vicarious Liability) Bill 2025 2nd Reading – Rachel Payne
- Wrongs Amendment (Vicarious Liability) Bill 2025 Debate speech – Rachel Payne
- No Exceptions for Abusers: Putting Survivors first on National Survivor’s Day 2025 – Rachel Payne
- Vicarious liability law reform is a matter of urgency – Rachel Payne
- Vicarious liability laws must be comprehensive – Rachel Payne
- Vicarious liability reform requires retroactive justice – Rachel Payne
