- Legislation to improve child sexual abuse victims' prospects in church compensation claims
- Bill addresses High Court ruling which found church not vicariously liable for priest's assaults
- Cook Government committed to implementing sensible and effective law reform to deliver on its priority to build safe communities
The Cook Government has introduced legislation to close a loophole that can allow churches to avoid liability in civil cases for child sexual abuse committed by their priests.
The legislation comes in response to a 2024 High Court ruling which found a Catholic diocese was not vicariously liable for a priest's sexual assaults because he was not an employee.
Vicarious liability is where an employer is held liable for the acts or omissions of an employee, despite the employer not being at fault.
The Civil Liability Amendment (Child Sexual Abuse Actions) Bill 2025 will deem religious practitioners to be employees of religious institutions for the purposes of any child sexual abuse civil actions.
Its introduction follows calls by victim-survivors and advocates for reforms to address the court ruling, known as Bird v DP.
The Bill applies to religious institutions exercising care, supervision or authority over children regarding the acts of religious practitioners of those institutions.
The new Bill extends coverage of existing laws in which employers, including government institutions, are potentially liable where abuse was committed by employees.
This Bill targets religious practitioners - those recognised by a religious institution as playing a distinct role in the religious or spiritual life of the institution - who are remunerated or receive a benefit.
The Bill is both retrospective and prospective in operation. It also allows for cases decided or settled since the DP v Bird decision on 13 November 2024 to be set aside and re-litigated with leave of the court.
As stated by Attorney General Dr Tony Buti:
"This Bill further demonstrates the Cook Labor Government's commitment to supporting victim-survivors of child sexual abuse and represents landmark legislation specifically addressing the Bird v DP court ruling.
"The Bird v DP decision left victim-survivors of child sexual abuse perpetrated by religious practitioners in a very difficult position, limiting their avenues to seek just compensation.
"This Bill seeks to specifically rectify that unacceptable situation and represents another step forward in our response to child sexual abuse in WA.
"Our government is committed to implementing sensible and effective law reform and we continue to work towards implementing a number of other recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse."
As stated by Minister for Child Protection Jessica Stojkovski:
"This legislation makes it clear that those who hold authority and power in institutions must also bear responsibility.
"The Cook Government's priority is to build safer communities and stronger safeguards around children.
"This reform reflects our government's deep respect for the courage of victim-survivors who have come forward, and our ongoing determination to ensure their voices lead to meaningful change."
