18/02/2026

The passing of the Justice Legislation Amendment (Vicarious Liability for Child Abuse) Bill 2025 in the Victorian Parliament yesterday marks a significant and united step forward for victim survivors.

The reform reflects what can be achieved when victim survivor advocates, the legal profession and government work together with a shared purpose, ensuring that the law serves the people it is meant to protect.

“This legislation is a product of collaboration and resolve,” said Susan Accary, Victorian State President of the Australian Lawyers Alliance. “Victim survivors, their advocates, members of the legal community, and the Victorian Government came together with a common goal, to restore access to justice for victim survivors.”

“This legislation will have a real and immediate impact for the people who have been blocked from holding institutions to account following last year’s High Court decision in Bird v DP (a pseudonym) [2024] HCA 41.

“It is a recognition that when institutions assume responsibility for children or vulnerable people, the law must be capable of responding when that trust is catastrophically breached.”

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 legislative response ensures the focus returns to where it belongs, on the victim survivor and on the responsibility of institutions that place individuals in positions of power over children,” said Susan.

“We welcome this law reform and commend the Victorian government for acting decisively and collaboratively to rectify this injustice.”

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