28/10/2025

A significant legal barrier faced by victims of institutional child sexual abuse is one step closer to being removed with the announcement today from the Victorian Attorney-General that legislation will be introduced into Victorian Parliament this year to address the implications of the Bird v DP decision.

“We welcome this announcement and congratulate the Victorian Government for acting to rectify this injustice,” said Susan Accary, State President, Australian Lawyers Alliance. “It is reassuring news for all abuse victim survivors.

“When introduced, this legislation will have a real and immediate impact for the many victim survivors of childhood abuse who have been blocked from holding institutions to account following last year’s High Court decision in Bird v DP.”

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 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 Susan. “Without this change to the law, institutions that have had children abused in their care have been able to avoid responsibility for the actions of those they effectively employed.

“The trauma of the original abuse has been compounded by the trauma of a system that allows technicalities to override accountability.”

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