On 25 February 2026, Part XIIIA (Statutory Vicarious Liability for Child Abuse) of the Wrongs Act 1958 (Vic) came into effect. This legislation now contains important new provisions which may apply to certain institutional child abuse claims in Victoria. This article contains some useful information about this law reform.
Per subs 93C(1) of the Wrongs Act 1958 (Vic), an institution is vicariously liable for the abuse of a child by an employee of the institution or an individual akin to an employee of the institution if –
(a) the apparent performance by the employee or individual akin to an employee of a role in which the institution placed that employee or individual supplies the occasion for the abuse of the child by that employee or individual; and
(b) the employee or individual akin to an employee takes advantage of, or uses, that occasion to abuse the child.
This law reform is therefore targeted at addressing Bird v DP (a pseudonym) [2024] HCA 41.
Subs 93A(3) of the Wrongs Act 1958 (Vic) states ‘This Part applies to a claim founded on or arising from abuse of a child whether the abuse occurs before, on or after the commencement of this Part.’ It is therefore retrospective and prospective.
Per ss 93B & 88 of the Wrongs Act 1958 (Vic), ‘abuse’ means physical abuse or sexual abuse as defined by that act.
The institution must be a ‘relevant organisation’ within the meaning of s 88 of the Wrongs Act 1958 (Vic) or the State of Victoria. It is therefore likely quite a broad definition which incorporates other law reforms such as the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 (Vic).
Yes – subs 93C(2) of the Wrongs Act 1958 (Vic) provides some non-exhaustive factors to which a court may have regard. In particular:
(a) whether the individual (i) carries out activities as an integral part of the activities carried on by the institution; and (ii) does so for the benefit of the institution;
(b) the extent of the institution’s control over the individual in the carrying out of the individual’s activities.
Subs 93C(3) clarifies that an independent contractor is not an individual ‘akin to an employee’ of an institution.
Yes – subs 93C(4) of the Wrongs Act 1958 (Vic) provides non-exhaustive factors that a court may have regard to about this question. These are stated to be whether the institution placed the individual into a role in which the individual has:
(a) authority, power or control over the child; or
(b) the trust of the child; or
(c) the ability to achieve intimacy with the child.
Contact to discuss.
Please feel free to contact me to discuss.
This is legal information only and not intended to be legal advice. This page also does not cover all relevant pieces of law and information regarding this topic. You should seek independent legal advice to determine any specific rights. This information was collated on 28 April 2026 and subsequent developments may alter the accuracy of this information.
Liability limited by a scheme approved under Professional Standards Legislation.