VIC Big Oil and Power Companies Can Be Sued for Climate Damage; Courts Can Order Companies to Pay Victims; Courts Can Shut Down Power Stations

Liability for Climate Change Damage (Make Polluters Pay) Bill 2026

Private Member's Bill

23 Sep 2026: MPs in the first house are debating whether this bill is a good idea in principle.

Legislative Council

Legislative Assembly

Assent

Introduced by: Sarah Mansfield (GRN)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Major fossil fuel companies and power station operators must take reasonable care to stop people from suffering climate change damage.
This duty of care applies retrospectively to any actions taken on or after 1 September 1990.
People who suffer climate change damage, or the Attorney-General acting for them, can sue major emitters for negligence.
There are no time limits for starting a legal action for climate change damage.
The court can order a major emitter to pay money to victims or the state if they are found negligent. This applies even if the company had a legal permit to produce fossil fuels.
The court can order a major emitter to stop producing fossil fuels, shut down a power station, or cut its emissions if state emissions targets are likely to be missed by 500,000 tonnes or more.
When deciding how much a company must pay, the court can assume the company is responsible for a share of the damage based on its share of global greenhouse gas emissions.
The court can use scientific models, historical data from community groups, and other studies to decide if climate change caused a specific harm.

Topics

carbon emissions civil liberties climate change environmental protection fossil fuels