Legislative Developments in the ACT:
The Civil Law (Wrongs) (Organisational Child Abuse Liability) Amendment Bill 2025
By Walter Zhuang
Background
Last year in late 2024, the High Court handed down the decision in Bird v DP [2024] (a pseudonym) HCA 41 that severely hindered the prospects of success for survivors of institutional abuse. That decision clarified that a strict employment relationship must exist for vicarious liability to be found on the part of an employer. Perpetrators of abuse in positions that were ‘akin to employment’ did not satisfy the test for vicarious liability.
Please see our earlier blog post for further details on the case.[1]
Recent Developments
On 30 October 2025, the Australia Capital Territory officially passed the Civil Law (Wrongs) (Organisational Child Abuse Liability) Amendment Bill 2025. This bill amends the Civil Law (Wrongs) Act 2002 (ACT) and expands upon the meaning of ‘employee’.
Once enacted, an employee will now also include individuals who are ‘akin to employees’ or ‘who are associated’ with the relevant organisation.[2]
- ‘Akin to Employees’[3]
An individual is akin to an employee of an organisation if the individual carries out activities that are:
- a part of the ordinary activities carried out by the organisation; and
- for the benefit of the organisation.
- ‘Associated Individuals’[4]
An individual associated with an organisation includes:
- an office holder, officer, owner, volunteer or contractor of the organisation; and
- if the organisation is a religious organisation—a religious leader, such as a priest or minister, or other member of the personnel of the organisation, whether or not the individual is ordained; and
- an individual, or an individual belonging to a class of individuals, prescribed by regulation.
Takeaways
The Parliamentary Explanatory Statement explains that the newly amended sections aim to broaden the current restrictive common law doctrines. Previously, there existed unjust asymmetries for claims between ‘a child abused by a teacher in a classroom in a religious school and a child abused in the same school but by the Priest in the sacristy’.[5] The Bill therefore aims to close the final loopholes for institutions to evade vicarious liability.
The introduction of the ACT Bill is a monumental development for survivors who have suffered institutional abuse. It provides clear guidance for both courts and practitioners to determine vicarious liability in claims. More importantly, the Bill now serves as a precedent for the other Australian states to enact similar legislation.
[1] https://sydneycs.com.au/2024/11/21/high-court-decides-catholic-church-not-vicariously-liable-for-the-actions-of-their-priests/
[2] See Civil Law (Wrongs) (Organisational Child Abuse Liability) Amendment Bill 2025 (ACT) s 114BC(1).
[3] Ibid s 114BC(2).
[4] Ibid s 114BC(3).
[5] Revised Explanatory Statement, Civil Law (Wrongs) (Organisational Child Abuse Liability) Amendment Bill 2025 (ACT), 2.
