25/06/2025

Law reform in the ACT is urgently needed to ensure justice for all victim survivors of institutional abuse, following last year’s High Court decision in Bird v DP (a pseudonym) [2024] HCA 41.

“We are deeply concerned about the real and ongoing impact of the High Court’s decision on victim survivors and their ability to access justice,” said Hassan Ehsan, ACT President, Australian Lawyers Alliance.

“We urge the ACT Parliament to support the Bill introduced today by ACT Greens Leader Shane Rattenbury to amend the Civil Law Wrongs Act.

“This is a national issue, but we believe the best and most expeditious way to achieve reform will be for states and territories to legislate changes in their respective jurisdictions. The ACT Parliament can take the lead on this issue nationally by supporting this Bill.”

In Bird v DP, the High Court decided that the Catholic Church cannot be held vicariously liable for the sexual abuse of a child committed by a priest because the Court held that the priest was not an employee of the Diocese in Ballarat, Victoria. The High Court chose to overrule the trial division and the Court of Appeal of the Victorian Supreme Court.

"The High Court’s decision has created another hurdle that victims now have to overcome because they were abused by someone who, despite having many of the responsibilities, was not an employee,” said Hassan.

“The decision means that there is a distinct two-tiered system of justice in Australia impacting victim survivors of child sexual abuse by non-employees depending on where they live and the date of their abuse.

“Until we reform this legislation, Australia is now at odds with decades of authority in the highest courts of Canada, the United Kingdom and New Zealand in regard to institutional abuse cases.”