WA Presumption of Employment for Religious Practitioners in Child Sexual Abuse Claims

Civil Liability Amendment (Child Sexual Abuse Actions) Bill 2025

6 May 2026: The second house is finishing its own detailed examination of this bill, possibly in committee, before a final vote.

Legislative Assembly

Legislative Council

Assent

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Topics

child sexual abuse employment relationship legal liability religious institutions settlement agreements

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Religious practitioners are presumed to be employees of their religious institution for child sexual abuse claims
Religious institutions can rebut this presumption if they prove they provided no pay or benefits beyond expense reimbursements
The employment presumption applies to abuse regardless of when it happened
Courts can let victims restart child sexual abuse cases that were finalised between 13 November 2024 and the bill's start date
Courts can set aside previous judgments or settlement agreements to allow these new actions
Settlement agreements are void if a court allows a previously finalised child sexual abuse action to be restarted
Parties cannot recover money already paid under a voided settlement agreement

The Debate

What different members said when this bill was debated:

Dan Caddy ALP

“I move: That the bill be now read a second time. On 13 November 2024, the High Court of Australia decided in the case of Bird v DP, (a pseudonym) [2024] HCA 41, which I will refer to as Bird. Bird was concerned with the question of whether vicarious liability applies to non-employment relationships.”

Official source →

Dr Tony Buti ALP

“I move: That the bill be now read a second time. On 13 November 2024, the High Court of Australia decided the case of Bird v DP (a pseudonym) [2024] HCA 41, which I will refer to as Bird. Bird was concerned with the question of whether vicarious liability applies to non-employment relationships.”

Official source →

News articles and press releases

Bill Strengthens Civil Claims for Church Abuse Victims

Jessica Stojkovski, WA Minister for Child Protection — 2025-11-12

This legislation makes it clear that those who hold authority and power in institutions must also bear responsibility.