On Tuesday, 28 October 2025, the Victorian Government issued a long-awaited statement in response to the High Court’s decision in Bird v DP, announcing its intention to introduce landmark legislation to support survivors of historical child sexual abuse.
By Thursday, 30 October 2025, the Australian Capital Territory became the first place within Australia to pass laws that expand the definition of vicarious liability.
Since the High Court decision, many survivors have been left uncertain about the future of their claims, particularly in the absence of legislation that would give full effect to the Court’s findings.
Vicarious liability is a critical legal principle in abuse claims, as it enables survivors to seek compensation from institutions where abuse occurred, on the basis that those institutions had a duty of care and were ultimately responsible for their employees’ conduct.
Prior to this week there was no legislation in Australia enforcing this legal principle for historical child sexual abuse claims. Jurisdictions, such as New South Wales, South Australia, Tasmania, and the Northern Territory, have legislation extending vicarious liability to relationships akin to employment, but these laws do not apply retrospectively to historical child sexual abuse claims.
The decision in Bird v DP was not one that abuse survivors had hoped for as the Court found that institutions such as churches cannot be held vicariously liable for the actions of priests or clergy members as they are not considered employees but rather in relationships akin to employment.
This has led to many survivors not getting the compensation or justice they deserve because the institutions where the abuse occurred are using the defence that the perpetrator of abuse was not an employee and therefore they are not vicariously liable for their actions.
Earlier this week the Victorian Government addressed these concerns by confirming that it will introduce legislation later this year to ensure that vicarious liability will also extend to the relationships that are classified as akin to employment.
“The legislation will apply retrospectively. It will also allow victim-survivors to apply to the court to have a settlement or judgment that occurred between the High Court decision and the commencement of our legislation set aside.”
The Australian Capital Territory Government pushed even further, with the passing of their new legislation for vicarious liability for relationships akin to employment occurring on 30 October 2025.
This is a crucial development for many survivors whose claims have been challenged by institutions, such as churches or government institutions on the basis that the perpetrators of abuse were not technically “employees.”
Over the years leading up to this decision, numerous claims were either permanently stayed or resolved for significantly reduced amounts due to legal uncertainty. The new legislation will allow survivors whose matters were stayed or settled between the High Court ruling and the commencement of the legislation to apply to have those outcomes set aside.
This will provide survivors with a renewed opportunity to seek fair and just compensation for the psychological injuries they have endured, and to hold institutions accountable for their actions.
While Australian Capital Territory is the currently the only state to pass such legislation and Victoria to commit to such legislation, there is hope that other jurisdictions will follow suit in recognising and supporting the rights of abuse survivors.
Supporting Survivors to Seek Justice – Evolve Legal
The recent legislative changes bring new hope for survivors of institutional abuse. At Evolve Legal, we are dedicated to helping survivors understand their rights and take action to pursue fair compensation. Contact Evolve Legal today for a confidential conversation and compassionate support from our experienced team.
Posted in: Latest News, Personal Injury
November 05 2025
