- Civil Liability Amendment Bill to help hold perpetrators accountable
- Legislation removes barrier that left many child abuse survivors unable to get compensation
- Separate regulations are being drafted to protect victims of abuse by Christian Brothers order
- More reforms to follow to improve protections for children in institutions
A Cook Labor Government bill that will allow more victims of clergy abuse to get justice is closer to becoming law.
Today marks National Survivors Day which recognises and commemorates the courage of survivors of sexual assault and institutional abuse in Australia, along with their supporters and whistleblowers.
The Civil Liability Amendment (Child Sexual Abuse Actions) Bill 2025 will provide justice for victim survivors who were abused by paid religious practitioners the issue that precipitated the Bird v DP High Court decision.
The High Court had found religious institutions could not be held vicariously liable for abuse committed by clergy because they are not legally considered employees.
The decision in 2024 left many survivors of child sex abuse without a legal pathway for redress, something the Cook Labor Government has been determined to fix.
The Western Australian Bill establishes that religious practitioners are employees of religious institutions for the purposes of child sexual abuse claims.
The High Court decision in Bird v DP didn't relate to government or other non-religious organisations.
Existing laws already allow survivors to bring claims against government bodies where abuse was committed by employees. The legislation is one of a number of ways the Cook Labor Government is supporting victim survivors.
Regulations are currently being drafted to ensure victims of historic abuse at the hands of Christian Brothers are better protected in compensation claims if the order argues it cannot afford to pay.
The regulations would ensure there is a relevant successor to the Christian Brothers that may be held liable and pay compensation to victims of sexual abuse.
The Government has been concerned the order gave away and sold substantial assets to the Trustees of Edmund Rice Education Australia (TEREA) which was named after the Christian Brothers' founder.
The Civil Liability Amendment Bill was first introduced to the Legislative Assembly late last year before it was referred to Committee.
The Government is planning to progress further reforms to the parliament before the end of this term that will implement more recommendations of the Royal Commission into Institutional Responses to Child Sex Abuse and the Community Development and Justice Standing Committee.
Consultation will be carried out with a view to introducing draft legislation to assist all victim-survivors of institutional child sexual abuse to access a pathway to justice.
As stated by Attorney General Tony Buti:
"This is an important legislative reform to help people who have been preyed on when they were young and extremely vulnerable and I look forward to it soon becoming law.
"Access to justice is a vital part of this government's reform agenda and it won't stop with this bill.
"We want victim survivors to be able to access justice urgently and for that to not be delayed while we work on other equally important reforms.
"We are committed to consulting ahead of the introduction of further legislation that will assist all victim survivors of institutional child sexual abuse having a pathway to access justice."
As stated by Child Protection Minister Jessica Stojkovski:
"Survivors of abuse show extraordinary courage in sharing their experiencesand seekingaccountability.
"I acknowledge the survivors and advocateswho have worked tirelessly to bring theseissues to light to ensure their voices are heard.
"The impact of abuse can be long lasting, affecting a person's health, wellbeingand sense of safety.
"These are vital reforms will help remove thosebarriers and help victim survivors in their pursuit for justice."
