Victoria’s upper house has passed the Vicarious Liability Bill unopposed, reversing a High Court decision that found the Catholic Church could not be sued for the actions of a priest. Source: ABC News.
Lawyer Judy Courtin stood outside Victorian Parliament with about 50 victim-survivors of clergy abuse on Tuesday as the state’s upper house passed the bill.
Dr Courtin, a lawyer specialising in justice and accountability for victims of institutional child abuse, said the new law meant a priest, Christian brother and possibly a volunteer could now be defined as “akin” or similar to an employee.
The High Court decision of DP vs Bird in November 2024 meant priests were not considered employees of churches, and therefore churches could not be sued for a priest’s actions.
Dr Courtin said about a third of her clients were impacted by that decision, and could no longer proceed with civil claims for compensation in Victoria.
She said new legislation allowed victim-survivors who had previously settled as a result of the now over-turned High Court ruling to “have another crack”.
In October last year, after the ACT became the first jurisdiction in Australia to pass legislation expanding the liability of churches, sporting groups and other organisations to include the actions of paedophiles.
Ballarat Bishop Paul Bird said he would examine this legislation carefully and consider what it may mean for future legal proceedings in Victoria.
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‘Thunderous applause’ as vicarious liability laws pass Victoria’s upper house (By Eden Hynninen, ABC News)
