20/06/2025

The Victorian Government’s commitment to review options to make the state’s vicarious liability laws fairer has been welcomed by lawyers who advocate for victim survivors of childhood sexual abuse.

Law reform has been 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. We are very pleased that the Victorian Attorney-General this week confirmed plans to develop options, including the introduction of legislation, to address the issues identified by the Court,” said Susan Accary, Victorian President, Australian Lawyers Alliance.

“However, we urge the Victorian Government to act swiftly to correct this injustice which has left victim survivors uncertain and distressed.

 “We believe the best and most expeditious reform avenue in this space is for states and territories to legislate changes in their respective jurisdictions and we welcome the Victorian Attorney-General’s decision to prioritise this matter.”

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 Australian Lawyers Alliance is urging all state and territory governments to follow the lead taken in Victoria.

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