A landmark retrospective bill to increase justice for victims and survivors of institutional abuse is expected to pass in Victoria’s Parliament next week with bipartisan support, following strong advocacy from a local MP.
The new bill would see reforms to vicarious liability laws, removing legal loopholes which inhibit access to compensation and reparations for victims and survivors.
South-Eastern Metro MP, Rachel Payne, first introduced a similar bill in May last year, that went unsupported.
The Legalise Cannabis Victoria (LCV) MP says that this will be a “historic day for victim-survivors”.
“We will stand with them next Tuesday and hope that the passing of this Bill (with some minor adjustments) brings them some sense of justice,” she said.
“We have worked with several survivors over many years, and I will be so proud to have them in the Chamber to see their hard work and determination result in changes, not only for themselves, but all victim-survivors from the past, present, and future.”
The bill was debated at the end of 2025 after being introduced by Attorney General, Sonya Kilkenny.
The topic has long been discussed over the last few years following a decision by the High Court to overturn a ruling made by the Victorian Supreme Court.
It argued that the Roman Catholic Diocese of Ballarat was not vicariously liable for the alleged abuse of plaintiff, DP (pseudonym).
Commonly known as the Bird v DP case, in November of 2024, the High Court unanimously ruled that vicarious liability cannot be imposed without a genuine employer and employee relationship.
Under the current Act, churches could not be held vicariously liable for abuse committed by priests, who in the eyes of the current law, are not considered employees but office holders or ministers of religion.
The new bill would see alleged perpetrators as ‘akin to an employee’ if their work is central to the institution’s activities, placing the onus on the organisation in ensuring alleged abuse by any adult in a position of power and authority is prevented, detected, and reported.
This Bill will be retrospective and will enable a person to apply to the court to set aside a settlement or judgment that occurred between the date of the Bird v DP decision and the commencement of the Bill.
Ms Payne says that while LCV supports a substantial portion of the introduced bill, the party will propose minor amendments that aims to ensure there are no clauses to justice or legal loopholes.
“One of the amendments to be proposed to the Bill next Tuesday relates to removing the word ‘integral’ as it applies to institutional activities,” Ms Payne said.
“This will bring the legislation into line with the ACT and ensure there are no further loopholes.
“Whether a child is sexually abused by a paid employee or a volunteer, and whether that employee’s activities are ‘integral’ to the activities of the institution, should be irrelevant.
“It should be enough that they are part of the ordinary activities of the institution. We simply can’t let technicalities deny victim-survivors justice any longer.”
The new reforms will go to a vote on Tuesday 17 February at Parliament House.
