The good news that media is yet to report on, is Rachel Payne MP introduced the Wrongs Amendment (Vicarious Liability) Bill 2025 in Victorian Parliament on the 19th of February. Ms Payne also tabled a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006 prior to the second reading on Wednesday the 2nd of April, 2025.
Why is this important?
This High Court decision adversely impacts the many victim/survivors of institutional child sexual abuse by employees who didn't have a formal employment status or contract, such as volunteers working as coaches, scoutmasters etc. This includes numerous Beaumaris community victim/survivors abused by former St Kilda Little League paedophile Darrell Ray, who was also at teacher at Beaumaaris Primary School.
Notorious paedophile school teacher and football coach Darrell Ray dies with court date looming
"The High Court late last year up-ended some victim-survivors' chances of receiving compensation through the courts for historical abuse. In its decision, the High Court found a priest was not an "employee" of the church, therefore the church cannot be held indirectly — also known as "vicariously" — liable for the actions of an abusive clergy member. Vicarious liability is an indirect liability. It's the responsibility employers have for the wrongdoing of their employees."
Ms Payne worked with the Australian Alliances of Lawyers and an legislative expert to draft the Wrongs Amendment (Vicarious Liability) Bill 2025. The link below is a video of Ms Payne's speech in the Legislative Council on Wednesday the 2nd of April, 2025.
Wrongs Amendment (Vicarious Liability) Bill 2025 Second Reading
We are only a few steps away from the Bird v DP High Court decision being nullified in Victoria. A debate on the Bill is expected to happen next month. The Government / Attorney General needs to accept this Private Members Bill in principle, tabling it in both Houses of Parliament, where it is considered in detail, with the final version being presented to the Governor General for Royal Assent. The Bill then becomes law.
How you can help?
To ensure the Victorian government makes this legislative change a priority, next week will be sharing a link to a process that will enable you, and others you choose to share the link with, to send a message directly to the Hon Sonya Kilkenny MP, Attorney-General of Victoria.
Asking the Attorney-General to ensure the swift passage of the Wrongs Amendment (Vicarious Liability) Bill 2025 through Victorian Parliament, to become law as soon as possible.
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Rachel Payne MP has also been working hard for a meeting with the Victorian Government to discuss the outcomes our petition seeks. We will keep you updated on how we progress with that also!
Thank you to all our supporters!