THE state government is reportedly set to introduce new laws to hold churches vicariously liable for sexual abuse that occurs under their watch. The new law will override last year’s High Court decision that the Catholic Diocese of Ballarat was not vicariously liable for the sexual abuse of a young boy because the offender was not an employee. The High Court overturned the Victorian Supreme Court’s ruling that the church was vicariously liable – the man who sued the diocese was originally awarded $230,000 damages.
After a vocal campaign by victim-survivors of sexual abuse, the state government is preparing changes to the law. Victorian Attorney-General Sonya Kilkenny told the ABC “we are listening, this government is listening, and we will develop legislation that will be before the parliament as soon as possible.”
Frankston MP Paul Edbrooke was among the critics of the High Court’s ruling. He told Parliament in April “this recent High Court ruling, which declined to recognise that vicarious liability extends beyond a strict employment relationship, is a profound blow to the ability of victims of child sex crimes by clergy and others to recover compensation.” (“Abuse survivor calls for change” The News 26/5/2025).
Legalise Cannabis Party MP Rachel Payne has been pushing for change in Parliament this year. She said “these people are already up against a legal system that has historically made it unnecessarily difficult to recover compensation from organisations for the child abuse they suffered. “The High Court decision put victim survivors in limbo – with many cases indefinitely halted, unless reforms are made,” Payne said. “I welcome news that the Attorney-General is acting to address this injustice, and I can’t wait for the legislation to arrive in Parliament. I’m sure many victim survivors will want to be in parliament when the bill is read. They will feel that their day has finally come.
“The wait is finally over. Too many people were living in limbo, in anguish and pain. I wish all victim survivors healing and peace, and I urge all MPs from every party to support legislation that remove this legal barrier preventing victims of historical child sexual abuse from accessing justice.”
First published in the Frankston Times – 1 July 2025