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

Introduced: 22/4/2026By: Hon M Scanlon MPStatus: Referred to Committee

This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

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

How this affects you

Justice & Rights

•Survivors of institutional child abuse can now pursue vicarious liability claims against institutions even if their abuser was not a formal employeeClause 4 (new section 33IC)Declares an institution is not prevented from being held vicariously liable only because the person was in a relationship akin to employment rather than formal employment.
•Previously settled claims can potentially be reopened if a court considers it just and reasonableClause 4 (new section 33IE)Applies to claims settled after 12 November 2024 but before commencement. The court may set aside the settlement agreement.
•No limitation period applies to abuse claims under the expanded vicarious liability provisionsClause 4 (new section 33ID)Confirms the Limitation of Actions Act 1974, section 11A applies, allowing claims to be brought at any time.

Children & Families

•Children abused by persons connected to institutions — such as priests, volunteers, or contractors — gain stronger legal protections for seeking accountabilityClause 4 (new section 33IB)A person in a relationship akin to employment with an institution is taken to be associated with the institution for abuse claims.
•The bill implements Royal Commission recommendations to ensure institutional accountability covers all persons associated with an institution, not just employeesExplanatory notes

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

▸Introduced22 Apr 2026View Hansard

▸1 procedural vote

Vote to grant leave

Opposition sought leave to move a motion to shorten the committee reporting timeframe for the Civil Liability (Holding Institutions Accountable for Child Abuse) Amendment Bill from the standard period to seven weeks, so survivors would not have to wait longer for the bill to be considered. The LNP government voted against granting leave.

Defeated36 ayes – 52 noes2026-04-22

Permission was refused.

A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.

▸Show individual votes

Ayes (36)

Bailey(Australian Labor Party)

Berkman(Queensland Greens)

Bourne(Australian Labor Party)

Boyd(Australian Labor Party)

Bush(Australian Labor Party)

Butcher(Australian Labor Party)

Dick(Australian Labor Party)

Enoch(Australian Labor Party)

Farmer(Australian Labor Party)

Furner(Australian Labor Party)

Grace(Australian Labor Party)

Healy(Australian Labor Party)

Howard(Australian Labor Party)

J. Kelly(Australian Labor Party)

Katter(Katter's Australian Party)

King(Australian Labor Party)

Knuth(Katter's Australian Party)

Linard(Australian Labor Party)

Martin(Australian Labor Party)

McCallum(Australian Labor Party)

McMahon(Australian Labor Party)

McMillan(Australian Labor Party)

Mellish(Australian Labor Party)

Miles(Australian Labor Party)

Mullen(Australian Labor Party)

Nightingale(Australian Labor Party)

O’Shea(Australian Labor Party)

Pease(Australian Labor Party)

Power(Australian Labor Party)

Pugh(Australian Labor Party)

Russo(Australian Labor Party)

Ryan(Australian Labor Party)

Scanlon(Australian Labor Party)

Smith(Australian Labor Party)

Whiting(Australian Labor Party)

de Brenni(Australian Labor Party)

Noes (52)

B. James(Liberal National Party)

Baillie(Liberal National Party)

Barounis(Liberal National Party)

Bates(Liberal National Party)

Bennett(Liberal National Party)

Bleijie(Liberal National Party)

Boothman(Liberal National Party)

Camm(Liberal National Party)

Chiesa(Liberal National Party)

Crandon(Liberal National Party)

Crisafulli(Liberal National Party)

Dalton(Liberal National Party)

Dillon(Liberal National Party)

Doolan(Liberal National Party)

Dooley(Liberal National Party)

Field(Liberal National Party)

Frecklington(Liberal National Party)

G. Kelly(Liberal National Party)

Gerber(Liberal National Party)

Hatcher(Liberal National Party)

Head(Liberal National Party)

Hunt(Liberal National Party)

Hutton(Liberal National Party)

Janetzki(Liberal National Party)

Kempton(Liberal National Party)

Kirkland(Liberal National Party)

Krause(Liberal National Party)

Langbroek(Liberal National Party)

Last(Liberal National Party)

Leahy(Liberal National Party)

Lee(Liberal National Party)

Lister(Liberal National Party)

Mander(Liberal National Party)

Marr(Liberal National Party)

McDonald(Liberal National Party)

Mickelberg(Liberal National Party)

Minnikin(Liberal National Party)

Molhoek(Liberal National Party)

Nicholls(Liberal National Party)

O’Connor(Liberal National Party)

Perrett(Liberal National Party)

Poole(Liberal National Party)

Powell(Liberal National Party)

Purdie(Liberal National Party)

Rowan(Liberal National Party)

Simpson(Liberal National Party)

Stevens(Liberal National Party)

Stoker(Liberal National Party)

T. James(Liberal National Party)

Vorster(Liberal National Party)

Watts(Liberal National Party)

Young(Liberal National Party)

First Reading22 Apr 2026View Hansard

▸Committee22 Apr 2026View Hansard

Referred to Justice, Integrity and Community Safety Committee

Justice, Integrity and Community Safety Committeeportfolio

6 members

Committee Findings

The bill was referred to the Justice, Integrity and Community Safety Committee on 22 April 2026 for examination. The committee's inquiry is still under way and it has not yet tabled a report. No findings, recommendations or dissenting views are available at this stage.

AI-generated summary — may contain errors