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.
Wednesday the 30th of July 2025
Victorian Legislative Council
Rachel Payne (South-Eastern Metropolitan):
My adjournment matter is for the Attorney-General, and the action I seek is clarity on how changes to vicarious liability laws will impact those whose cases are decided before these laws are passed.
I would like to begin by thanking the Attorney-General for her commitment to introducing retrospective vicarious liability laws to the Victorian Parliament by the end of 2025. While I appreciate that she is taking the time to consult further and get these changes right, I will say that the bill I tabled earlier this year has been endorsed by survivors and members of the legal community alike. This bill could be passed tomorrow. It would allow victim-survivors access to justice, as it ensures that the law applies equally and retrospectively, regardless of whether a perpetrator held the title of employee.
The recent High Court decision in Bird v DP 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 created a second class of victim-survivors and gave institutions like the church yet another loophole to avoid accountability for past wrongdoings.
While I commend the Victorian government on their commitment to reform vicarious liability laws, by the time these laws are planned to be introduced a year will have passed since the High Court’s decision. Unfortunately, courts will not adjourn cases because of a promise of a change to the law. Many victim-survivors are being left to face having their case thrown out, even though they may have been successful after changes to the law are made later this year. Understandably this creates uncertainty and fear for many victim-survivors and compounds the trauma they are already experiencing when coming into contact with the criminal justice system. The harsh reality is that continued delays risk lives. I urge this government to bring forward reforms to vicarious liability as a matter of urgency so court dates are not unnecessarily jeopardised. At a minimum, victim-survivors need an assurance from government about what will happen to them.
So I ask: will the Attorney-General clarify how changes to vicarious liability laws will impact those whose cases are decided before these laws are passed?
Written Response Received, 25th of August 2025:
I thank the Member for raising this matter and for her ongoing advocacy on this issue.
I recognise the urgency and acknowledge the impact of this decision on many victim-survivors of institutional child abuse. This is why I have directed my department to develop options, including the introduction of legislation, to address issues arising from the High Court’s decision.
This work is a priority for the Victorian Government, and we will be taking further steps as soon as possible.
The Hon. Sonya Kilkenny MP
Attorney-General
Related:
> Vicarious liability laws must be comprehensive – 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
> Wrongs Amendment (Vicarious Liability) Bill 2025 2nd Reading – Rachel Payne
> Wrongs Amendment (Vicarious Liability) Bill 2025 Debate speech – Rachel Payne
> Vicarious liability law reform is a matter of urgency – Rachel Payne
External:
> Wrongs Amendment (Vicarious Liability) Bill 2025 | legislation.vic.gov.au
