[no bill text published] Organisations Can Be Held Liable for Child Abuse by Employees and Associates, Even in Past Cases
Civil Liability Amendment (Organisational Child Abuse Liability) Bill 2025
Private Member's BillLegislative Council
Legislative Assembly
Assent
Topics
child abuse child protection child safety civil liability court procedures criminal justice duty of care organizational liability vicarious liability victim rights
Introduced by: Jeremy Buckingham MLC (LCP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
The Debate
What different members said when this bill was debated:
Courtney Houssos ALP
“I commend the Hon. Jeremy Buckingham for his ongoing advocacy on behalf of victim-survivors of child sexual abuse, and in particular victim‑survivors of historical abuse. Our Government agrees with the overall intention of the Civil Liability Amendment (Organisational Child Abuse Liability) Bill 2025, which is to enable victim-survivors of historic child sexual abuse to seek justice.”
Susan Carter LIB
“On behalf of the Opposition, I speak in debate on the Civil Liability Amendment (Organisational Child Abuse Liability) Bill 2025. I thank the Hon. Jeremy Buckingham for bringing this bill, with its very important subject matter, to the attention of the House.”
Sue Higginson GRN
“I contribute to debate on the Civil Liability Amendment (Organisational Child Abuse Liability) Bill 2025 introduced by the Hon. Jeremy Buckingham.”
Stephen Lawrence ALP
“I make a brief contribution to debate on the Civil Liability Amendment (Organisational Child Abuse Liability) Bill 2025. It is an important bill and I commend the mover, the Hon. Jeremy Buckingham, even though it looks like it may not succeed this evening.”
Wes Fang NAT
“I contribute briefly to debate on the Civil Liability Amendment (Organisational Child Abuse Liability) Bill 2025. The last time the Hon. Jeremy Buckingham introduced this bill to the House, I indicated that I would not block it because it was very reasonable and necessary.”
“I say from the outset that it is not only the bill that will be defeated in the House; victim-survivors will be denied justice. I fully accept the arguments made by the Minister on behalf of the Attorney General, by the Hon. Susan Carter and by the Hon. Stephen Lawrence, who always makes thoughtful contributions.”
News articles and press releases
Civil Liability Amendment (Organisational Child Abuse Liability) Bill 2025
The Hon. JEREMY BUCKINGHAM — 2025-03-26
In 2018 the New South Wales Government amended the Civil Liability Act 2002 to prospectively extend the common law of vicarious liability so that it applies not only to employees but also to those akin to employees, such as priests and volunteers. The reforms further introduced a statutory duty on certain organisations to take reasonable steps to prevent child abuse, with a reverse onus of proof. There is now a distinct two-tiered system of justice impacting victims of child and sexual abuse by non-employees, depending on whether they were sexually abused before or after 2018. This bill extends the duty of care and vicarious liability to organisations for child abuse perpetrated before 26 October 2018.