Vicarious Liability Laws Pass Victoria's Upper House

'Thunderous Applause' as Vicarious Liability Laws Pass Victoria's Upper House

Victoria has taken a historic step by passing the Vicarious Liability Bill unopposed, overturning a High Court decision that previously prevented the Catholic Church from being sued for the actions of its priests. This landmark legislation opens the door for thousands of victim-survivors of institutional child sexual abuse to seek justice.

What Changed?

The High Court ruling in November 2024 in the case of Bird v DP [2024] HCA 41 had found that priests were not employees of the church, meaning the church could not be held vicariously liable for their actions. This decision left many survivors without a legal path to compensation.

The new Victorian law now defines priests, Christian brothers, and possibly volunteers as "akin to employees," allowing institutions to be held responsible for abuse committed by these individuals.

Voices of Survivors and Advocates

Judy Courtin, a lawyer specializing in institutional abuse cases, described the passing of the bill as a "very moving day" and emphasized the unity across political lines to support survivors.

One survivor, John, who was abused by notorious paedophile priest Brian Coffey, expressed relief and emotion, saying, "The High Court decision took my voice away. I'm able to find a voice again."

What’s Next?

The legislation now moves to other states and territories, with the ACT and Western Australia already introducing similar reforms. Advocates urge all jurisdictions to follow suit and make these laws retrospective to cover historical abuse cases.

Bishop Paul Bird of the Diocese of Ballarat has stated he will carefully consider the implications of the new law for future legal proceedings.

Why It Matters

This reform represents a critical step toward accountability and healing for survivors of child sexual abuse within institutions. It challenges legal loopholes that have historically protected organizations from responsibility and empowers survivors to seek justice.

The campaign led by advocates like Grace Tame and legal experts continues to push for consistent, nationwide reforms to ensure no survivor is left without recourse.

Source: ABC News