UPDATE: LEGISLATIVE REFORM
reversing the decision of the High Court in Bird v DP
Victoria
On 25 February 2026, Victoria commenced the Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026. This Act has reversed the decision in the High Court from November 2024. The new legislation allows Catholic institutions to be held vicariously liable for the crimes of its offending clergy.
Read here.
Australian Capital Territory
On 30 October 2025, the ACT passed, unopposed, the Civil Law (Wrongs) (Organisational Child Abuse Liability) Amendment Act 2025.
Read here.
Western Australia
On 12 November 2025, WA tabled the Civil Liability Amendment (Child Sexual Abuse Actions) Bill 2025.
Read here.
Tasmania
In May 2026, the Tasmanian government announced it will soon release draft legislation for consultation to reverse the High Court decision in Bird v DP. The Attorney General hopes it will be ready to become legislation in the second half of 2026. It is critical that Tasmania adopts the same legislative provisions as the ACT and Victoria.
We are very disappointed with the Western Australian Bill, as it carves out/excludes sexual assaults against children by volunteers.
We need to apply pressure on the following jurisdictions to stand up and do the right thing by victims/survivors of institutional child abuse and push ahead with urgent legislative reform:
New South Wales, Queensland, South Australia, Tasmania, and the Northern Territory.
We also need to urge the Attorney-General of Western Australia to amend their Bill to include (not exclude) paedophiles who are volunteers.
Here’s how YOU can help!
>> eMail the Attorneys-General of the Northern Territory, Tasmania, South Australia, Queensland and New South Wales. Proforma letter here for these jurisdictions.
>> eMail the Western Australian Attorney-General. Proforma letter here for Western Australia.
>> eMail the Tasmanian Attorney-General urging him to adopt the critical provisions in the ACT and Victorian legislation.
eMail addresses:
Western Australia: Hon Tony Buti – eMail here.
Northern Territory: Hon Marie-Clare Boothby – eMail here
Tasmania: Hon Guy Barnett – eMail here.
South Australia: Hon Kyam Maher – eMail here.
Queensland: Hon Deb Frecklington – eMail here.
New South Wales: Hon Michael Daley – eMail here.