Warning: This article contains references to child abuse. The content may be distressing or triggering for some readers. Please take care when reading and consider whether this material is appropriate for you at this time.

By Nikki Cassar, Partner

On 30 October 2025, the ACT Legislative Assembly unanimously passed the Civil Law (Wrongs) Organisational Child Abuse Liability) Amendment Bill 2025.

The aim of the new legislation is to overcome the High Court’s decision handed down last year in Bird v DP (a Pseudonym) [2024] HCA 41.

In Bird, the High Court found the Catholic Church cannot be held vicariously liable for the sexual abuse of a child committed by a priest in the absence of an employment relationship. The High Court’s decision confirmed there must be an employer/employee relationship (and not relationships akin to employment) for vicarious liability to apply.

The new ACT legislation makes organisations vicariously liable for child abuse perpetrated by an individual who is akin to an employee of the organisation or is associated with the organisation including an office holder, officer, owner, volunteer or contractor of the organisation.

The ACT is the only state, at this stage, to have passed such legislation to address Bird.

It will have significant ramifications for both victims of abuse, who previously may have been unable to seek compensation because of the limitations placed by Bird, and for organisations who may now find themselves to be held vicariously liable for the abuse perpetrated by non-employees such as volunteers or contractors.