Statutory amendment rejects court decision on liability of institutions for child abuse by workers
Victorian Parliament has passed legislation that overturns the High Court’s decision in Bird v DP, expanding the definition of vicarious liability for child abuse to cover relationships “akin to employment.”
The High Court determined in the decision of Bird v DP that vicarious liability did not extend beyond relationships of employment to relationships “akin to employment.”
Victorian Parliament has now introduced the Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026 (the Act) to address the decision in Bird and expand the scope of vicarious liability to include relationships between organisations and individuals that occupy roles “akin to employment.”
Critically, the amendments to the vicarious liability regime will apply to claims founded on or arising from child abuse that occurred both before and after the Act’s commencement.
The Act amends:
The Act inserts a new Part XIIA – Statutory vicarious liability for child abuse, consisting of four sections. The amendments to the Wrongs Act apply to any proceeding in which a claim is founded on or arising from child abuse, regardless of...
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