20/02/2026

WA Parliament must focus on achieving the best outcome for victim survivors of abuse as it debates the Civil Liability Amendment (Child Sexual Abuse Actions) Bill 2025 next week, say lawyers who represent victim survivors of childhood sexual abuse.

“We acknowledge the swift action that was taken by the Attorney General to rectify the injustice created by the High Court’s decision in Bird v DP and we commend the Opposition for proposing amendments that will improve the Bill,” said Eleanor Scarff, WA President, Australian Lawyers Alliance (ALA).

“The priority for all Members of Parliament now must be to work together to effectively restore access to justice for victim survivors of abuse.

“It may be that the creation of a broad statutory duty of care in separate legislation would work effectively, and we urge the Attorney General to announce whether this is a solution under consideration.

“It is traumatic for victim survivors to find that technical details block their ability to hold an institution to account for their abuse. We must have legislation in place to ensure that the law serves the people it is meant to protect.”

In Bird v DP (a pseudonym) [2024] HCA 41, the High Court decided that the Catholic Church cannot be held vicariously liable for the sexual abuse of a child committed by a priest without an employment relationship between the priest and the Diocese of Ballarat in Victoria. The High Court chose to overturn the decisions of the Supreme Court of Victoria and the Victorian Court of Appeal.

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

“Without law reform, institutions that have had children abused in their care can avoid responsibility for the actions of those they effectively employed.”

The ALA is not for profit member association of legal professionals many of whom represent victim survivors of institutional child sexual abuse.