In November 2024, the High Court of Australia delivered a decision in Bird v DP (a
pseudonym) [2024] HCA 41, which drew a clear line in the sand, confirming that institutions
can only be found vicariously liable in an employment relationship and not a relationship
akin to employment, such as those with priests and churches.
This decision created an injustice for all survivors of institutional abuse, as it created a
further block for victims of abuse in holding institutions to account, accessing compensation,
and the ability to obtain justice.
Step Forward in ACT
In response to the High Court’s decision, the Australian Capital Territory (‘ACT’) government
tabled the Civil Law (Wrongs) (Organisational Child Abuse Liability) Amendment Bill 2025,
which officially passed the ACT Legislative Assembly on 30 October 2025.
Importantly, the amendment bill rectified the High Court’s decision in Bird v DP and created a
definition of employee that captures individuals who are in a relationship akin to
employment, and whose activities are:
(i) a part of the ordinary activities carried out by the organisation; and
(ii) for the benefit of the organisation.
The change will provide immediate relief for those who have suffered institutional abuse in
the ACT.
Other States
No other Australian State or Territory has yet followed the ACT’s lead by enacting
comparable legislation. However, several are expected to do so.
For example, on 12 November 2024, the Western Australian Parliament introduced the Civil
Liability Amendment (Child Sexual Abuse Actions) Bill 2025, which proposes amendments
similar to those enacted in the ACT.
In New South Wales, we await further updates from Parliament and understand that lawyers
across the state are advocating for comparable amendments.
GET HELP NOW WITH YOUR PERSONAL INJURY
Get in touch with our Personal Injury Compensation team
Seek Trusted Advice from Experienced Institutional Abuse Lawyers
If you believe you may be entitled to make an institutional abuse claim, contact Burke Mead Lawyers. Our team of qualified personal injury lawyers operates across NSW.
Our team of professionals have helped countless individuals with their personal injury claims, including claims made for institutional abuse – contact our legal experts today.
About the Author
Rielly Drenkhahn
Specialising in personal injury law, Rielly provides clear guidance and practical support across complex areas like TPD and institutional abuse to help clients navigate their legal options and achieve fair results.
