Vicarious liability and legislative reform
post-Bird v DP (a pseudonym) [2024] HCA 41
31 January 2025
ALA members across Australia remain deeply concerned about the real and ongoing impact of the High Court’s decision in Bird v DP (a pseudonym) [2024] HCA 41 on victim survivors’ access to justice.
As the High Court determined, any changes to the approach to vicarious liability in Australia will now need to be addressed through the legislature. ALA members have been meeting with Attorneys-General and Shadow Attorneys-General across Australia to share our concerns about the ramifications of the High Court’s decision, as well as providing our legislative solutions to ensure that all victim survivors of historical child sexual abuse are treated fairly before the law with equal and proper access to justice.
The ALA also understands that Victoria’s Attorney-General was tasked with leading discussion on this matter at February’s Standing Council of Attorneys-General meeting. The ALA has (by invitation) sent Attorney-General Kilkenny this written submission on the matter, including 10 de-identified client case studies and the legislative proposal for Victoria supported by the ALA.
ALA submission