Slater and Gordon welcomes yesterday’s announcement by the Victorian Attorney General to introduce legislation that will strengthen the rights of abuse victim-survivors to access compensation.
The proposed reform follows the High Court’s decision in Bird v DP, which declined to extend vicarious liability beyond a strict employment relationship, effectively preventing access to justice for many victim-survivors of institutional abuse.
Slater and Gordon Practice Leader in Abuse, Sam Carroll, said the legislative proposal represents a vital step towards restoring fairness and accountability.
“The High Court ruling in Bird v DP, which declined to recognise that vicarious liability extends beyond a strict employment relationship, has prevented access to justice to many abuse victim-survivors.
“We welcome the Victorian Government’s approach; it will ensure the law applies retrospectively and allows victim-survivors to pursue claims against churches or other organisations where the perpetrator’s involvement with an institution was ‘akin to employment’.
“Importantly, if the legislation is passed, any settlement deeds entered after the High Court’s decision in Bird v DP may now be set aside and renegotiated. This will provide the opportunity for victim-survivors to seek the justice they deserve,” Mr Carroll said.
Mr Carroll noted that this development will bring Victoria’s legal position in line with other progressive jurisdictions, including the United Kingdom, Canada, Singapore, and Ireland.
“The High Court’s decision in Bird v DP was a step away from what are widely recognised and accepted approaches to institutional abuse claims internationally. The Government’s action restores a fair and compassionate balance, and ensures victim-survivors are heard,” Mr Carroll said.
Slater and Gordon has long advocated for legislative reform to ensure abuse victim-survivors have access to justice and accountability.
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