Victoria’s new vicarious liability laws will ensure justice for survivors of child abuse

18 February 2026

The Justice Legislation Amendment (Vicarious Liability for Child Abuse) Bill 2025 was passed in Parliament last night with bipartisan support.

The new Victorian laws expand the definition of vicarious liability for child abuse, effectively overturning the precedent set by the High Court in Bird v DP in late 2024.

In that case, the High Court found the church could not be held responsible for the abuse of a child by a priest because the concept of ‘vicarious liability’ was confined to employment relationships, and the priest was not formally employed by the church.

Maurice Blackburn principal lawyer, John Rule, said:

“This is a long‑awaited breakthrough for survivors here in Victoria seeking justice and accountability.

“This reform closes a legal loophole that meant institutions could avoid responsibility for abuse that occurred under their watch if the perpetrator was not a formal employee.

“Institutions like churches can now be held responsible not only for the actions of formal employees, but also for those in roles ‘akin to employment’.

“Importantly, the laws are retrospective to ensure that no survivor in Victoria will be left worse off because of the Bird v DP High Court decision.

“We commend the Victorian Government for taking action to uphold the legal rights of survivors of child abuse.

“These reforms are a commonsense and compassionate response to narrow legal interpretations that have limited the ability of survivors to seek redress for the harm they have experienced.

“We urge other states and territories to follow Victoria’s lead to enshrine the legal principle of vicarious liability to meet the scourge of child abuse.”