Juliana ADDISON (Wendouree) (11:00): I am proud to be speaking in strong support of the Justice Legislation Amendment (Vicarious Liability for Child Abuse) Bill 2025. This is a critically important bill which improves the legal avenues available to survivors of historical child abuse in my community of Ballarat, across the Ballarat diocese and the whole of Victoria.

Firstly, and crucially, I wish to recognise the strong leadership of the Attorney-General and her commitment to addressing the impact of the High Court Bird v DP decision and restoring fairness for victims in Victoria.

This bill will ensure that institutions can be held liable for child abuse committed by individuals who are akin to employees, not just direct employees. I strongly support that the bill will be able to provide the ability to retrospectively set aside settlements or judgements made between the decision on the 13 November 2024 and the bill’s commencement.

I want to thank the Attorney-General’s office and the department for their efforts in bringing this bill before us before the end of the year. I would also like to acknowledge and deeply thank all those who contributed to this bill, and those who have advocated and spoken out to underline its importance, including Loud Fence members from Ballarat Dr Judy Courtin; the former member for Oakleigh Ann Barker; and loved ones of victim-survivors. Some of these people are here today and others are tuning in from Ballarat.

This legislation is significant for members of my communities whose lives have been irrevocably impacted by clerical sexual abuse and injustice for victim-survivors. Following the High Court decision in November 2024 and on 22 February, I attended a Loud Fence event in Ballarat to hear from lawyer Dr Judy Courtin about the impact of the Bird v DP decision on victim-survivors of institutional child sexual abuse and the need for a campaign for retrospective legislation to reverse the judgement. It was at this event that I committed to advocating to the Attorney-General for legislation.

As a part of this commitment, in March I organised for representatives from the Loud Fence advocacy group to meet with the Attorney-General in my electorate office and to hear directly from them about how the High Court decision was impacting victim-survivors, and the actions they were seeking. In the strongest terms, the Loud Fence advocacy group expressed that the High Court decision ended hope: a hope for justice, a hope for recourse and a hope for a better future. Thank you to Gary Sculley, Maureen Hatcher, Marg Camilleri, Katrina Bevelander and Caity Cox for your powerful advocacy.

In May I was contacted by the father of a victim, a constituent who had never contacted his MP before. He described the ramifications of the High Court decision as catastrophic. He shared with me that his son was frequently abused by a parish priest in the Ballarat diocese, and the abuse had started when his son was in early primary school. He explained to me that his son’s life had been irreversibly changed, and he continues to suffer from PTSD from the abuse. The impact on the family has been devastating.

The father explained that when his son learned of the High Court decision, he did not know if he could see his path for justice through. The father told me that the life had gone out of his son and that he was very concerned about him. The father could not be clearer in his views on the consequences of the High Court decision, telling me:

It will directly lead to the deaths and self-harm of people who have been abused by an institution that should be held accountable for actions of its so-called “representatives”.

That is why this legislation is so important, because of what it means to survivors and their loved ones. By introducing the bill we not only do not allow their hope to be taken away but we do not allow their access to justice to be taken away and we do not allow their voices to be silenced.

Our government’s commitment to victim-survivors of sexual abuse includes our $500,000 contribution towards a sexual assault memorial in Ballarat, in partnership with the federal Labor government and the City of Ballarat. The memorial will be constructed in Victoria Park and is intended to recognise the impacts of sexual abuse in our community, reflect the continuing lived experience of trauma and elevate the voices of victims. Once established, the memorial will create a place for deep reflection and remembrance. It will also be a physical reminder that there is still so much more we need to do to end violence that continues to inflict significant harm in the Ballarat community.

The legislation before us today is one further part of our efforts to better support survivors. I asked associate professor of criminology and criminal justice Marg Camilleri if she would provide me with some words to share about the legislation during my contribution to this debate, which I will read now:

The importance of this Bill to children of historic and future child sexual abuse, cannot be overstated. It responds to the High Court judgement in Bird vs DP (Nov. 2024), a case led by the Ballarat Diocese. A gesture toward survivors of clergy abuse which was simultaneously appalling as it was hypocritical and seen as yet another attempt to silence survivors and disrupt their attempts to seek justice.

Survivors have spent decades dealing with the devastating consequences of the abuse, being silenced and repeatedly betrayed by systems which purported to care for their welfare. Make no mistake, the effects of childhood sexual abuse are lifelong. The ripple effects of which are felt by families, communities and subsequent generations. Lives shattered will never ever be the same. For those who ended their lives, the struggle proved overwhelming.

This Bill and the promise of legislation it will become, ensures that:

• • survivors are not left behind, not ignored and not denied justice yet again.
  • the safety of children is prioritised, not at the expense of organisations who work directly with children, but ahead of predators who deliberately seek positions granting them access to children.

We now have an opportunity to put children’s safety first and to provide survivors with pathway to justice and a Just response.

I thank Associate Professor Marg Camilleri for sharing these words with me.

The Justice Legislation Amendment (Vicarious Liability for Child Abuse) Bill 2025 addresses the issue of vicarious liability and, by amending two current acts, will remove a key legal barrier faced by some victim-survivors of historical child abuse. Proposed amendments to the Wrongs Act 1958 will provide the basis for vicarious liability claims for actions by individuals akin to an employee in addition to formal employees.

In the Bird v DP case, which was a civil case against the diocese for historical child abuse committed by an assistant priest, it was the technicalities of employment that impeded the finding of vicarious liability. The court found that the abuse occurred and that it occurred during the broader course of the assistant priest’s duties. But while the first judgement and the first appeal were both satisfied that the assistant priest represented the diocese akin to an employee, the High Court found that it was not sufficient. He was not an employee in the strictest of senses, so the opportunity for justice was lost. Amending the Wrongs Act 1958 will set this right.

Improving the test for vicarious liability will reform the basis of court decisions going forward, but that still does not account for cases decided over the last year since the precedent set by the High Court decision. That is why we also propose amendments to the Limitations of Actions Act 1958. This bill will provide courts with the option to set aside judgements and previously settled causes of action. Claimants will also be able to bring actions in cases where judgements and settlements have already been made.

I want to acknowledge the contribution of the member for Brighton and the member for Frankston and thank the opposition for their strong support for this important legislation.

I support this legislation because it will restore justice for victims and provide retrospective application. I support victim-survivors today and every day and commend the bill to the house.

 

You can take a look at more of my contributions to Parliament here.