SASVic is available to comment on the vicarious liability legislation that corrects a wrong that should never have happened.
Sexual Assault Services Victoria (SASVic) is available to media on Tuesday as the Justice Legislation Amendment (Vicarious Liability for Child Abuse) Bill 2025 is passed in the Parliament of Victoria.
Background
In November 2024, the High Court of Australia Bird v DP judgement ruled that the Catholic Church could not be held vicariously liable for sexual abuse committed by priests due to there being no formal employment contract. This decision had wide-ranging implications because it applied to all volunteer roles (for example, in scouts and sports clubs).
The decision was widely seen as a setback for survivor rights as some institutions — including churches — could potentially avoid liability for historical abuse committed by clergy. SASVic's members, specialist sexual assault services throughout Victoria, support survivors of sexual abuse every day. Counsellor Advocates see firsthand the additional stress this legal uncertainty has created. The ruling also created uncertainty for survivors seeking compensation.
A huge groundwell of effort was made in calling for the Victorian Attorney-General to urgently enact legislation to fix the injustices arising from the Bird v DP judgement. SASVic was proud to support the work of Legalise Cannabis Party MP Rachel Payne, and the advocacy effort led by Judy Courtin Legal and many survivors of sexual violence.
SASVic position
SASVic supports the intent of the Justice Legislation Amendment (Vicarious Liability for Child Abuse) Bill 2025 and its focus on strengthening pathways to justice for survivors. However, SASVic, along with many other organisations and experts, has raised the need for two minor amendments to the legislation and expect that these will be discussed today in parliament:
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a change of language from “integral activities” to “ordinary activities” to ensure that the appropriate range of volunteers are covered by the legislation
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removing considerations around the institution’s extent of control over the employee or person akin to the employee.
SASVic CEO, Kathleen Maltzahn says, “This legislation is good news for victim survivors who have been in a legal limbo since the High Court’s decision. We commend the government for enacting this critical reform.
However, two additional changes would make the legislation even stronger - we hope parliament will adopt these minor amendments."
About us:
Sexual Assault Services Victoria (SASVic) is the peak body for sexual assault and harmful sexual behaviour services in Victoria. We work to promote rights, recovery and respect for victim survivors and other people impacted by sexual violence and harm. We seek to achieve this by working collectively to change attitudes, systems and structures that enable sexual violence to occur.
Contact details:
Spokespeople available
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Kathleen Maltzahn, CEO, SASVic
Media contact
Brett de Hoedt
Media Relations, Hootville Communications
0414 713 802