Civil Liability (Holding Institutions Accountable for Child Abuse) Amendment Bill 2026

Overview

This bill closes a legal loophole that prevented survivors of institutional child abuse from holding institutions accountable when their abuser was not a formal employee. It responds to the High Court's 2024 decision in Bird v DP, which ruled that vicarious liability only applies to employment relationships, by extending it to persons in relationships akin to employment, such as religious clergy, volunteers, and contractors.

Who it affects

Survivors of institutional child abuse gain a new legal pathway to seek redress from institutions, even where their abuser was not a formal employee. Religious organisations and other institutions face broader accountability.

Key changes

• Institutions can be held vicariously liable for child abuse by persons in a relationship akin to employment, not just formal employees
• The law applies retrospectively to past abuse, with no limitation period for bringing a claim
• Claims settled before 13 November 2024 are not affected, but claims settled after that date can be reopened if a court considers it just and reasonable
• Courts can set aside previous settlement agreements and allow fresh claims to proceed
• This is an Opposition private member's bill — it has been referred to committee and has not passed