On 24 February 2026, the Justice Legislation Amendment (Vicarious Liability for Child Abuse) Bill 2025 commenced and amended the Wrongs Act 1958 in relation to vicarious liability and the Limitation of Actions Act 1958 in relation to setting aside certain settlements or judgments.
The Bill strengthens the ability of child abuse survivors to sue institutions for abuse committed within those institutions.
Bird v DP
In 2024, the High Court decision of Bird v DP (a pseudonym) [2024] HCA 41 (‘Bird’) confirmed that vicarious liability did not extend beyond relationships of employment to relationships “akin to employment” (i.e. volunteers).
The primary effect of the decision was that institutions could only be held liable for abuse by employees in circumstances where the Plaintiff could prove the employer was vicariously liable for the abuse, or if the institution breached the duty of care owed in circumstances where it knew or ought to have known the employee was a risk to children.
