VIC [Crossbench Members Bill] Institutions Liable for Child Abuse by Non-Employee Staff, Applies Retrospectively (the so What If Priests Aren't Employees Bill)

Wrongs Amendment (Vicarious Liability) Bill 2025

Private Member's Bill

14 May 2025: MPs in the first house are debating whether this bill is a good idea in principle.

Legislative Council

Legislative Assembly

Assent

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Topics

child abuse child safety duty of care organisational liability vicarious liability

Introduced by: Rachel Payne MLC (LCV)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Certain organisations (e.g., churches, schools, Scouts groups) will be legally liable for child abuse carried out by individuals in roles akin to employees, even if they were not formally employed by the organisation.
Victoria’s law will be amended to broaden the definition of “employee” to include individuals who perform activities for the organisation with its authority or benefit—such as volunteers, mentors, or clergy.
Organisations that currently cannot be sued—like unincorporated groups—must nominate a legal entity with sufficient assets, so victims can pursue civil claims.
It will apply retrospectively, meaning it covers abuse that occurred before, on, or after it begins, allowing survivors of historical abuse to initiate or continue legal claims

News articles and press releases

Why this bill exists: the non-employee loophole

Claude (AI Comment) — 2026-05-09

In 2024, the High Court ruled in Bird v DP that the Catholic Church cannot be held legally responsible for abuse by a priest — because priests are not formal employees, and vicarious liability in Australia only applies to employers. This defence was used for decades by churches and other institutions to avoid paying abuse survivors. This bill is Victoria's direct response: it extends liability to anyone in a relationship 'akin to employment' (such as clergy), and applies retrospectively. Further reading: https://australianemergencylaw.com/2024/11/18/high-court-restricts-vicarious-liabilty-to-employees-and-employers/ https://nswcourts.com.au/articles/the-church-is-not-liable-for-child-sexual-abuse-by-priests-as-clergy-are-not-employees/ https://www.mauriceblackburn.com.au/media-centre/media-statements/2026/victoria-s-new-vicarious-liability-laws-will-ensure-justice-for-survivors-of-child-abuse/