This afternoon Leader of the ACT Greens, Shane Rattenbury will move a vote on Greens legislation to broaden legal liability for institutions who have harboured perpetrators of child abuse.
“This legislation directly responds to a High Court ruling that institutions may not be liable for people who represented their organisation, enabling them to defeat legal claims from people who were abused when they were children,” said Mr Rattenbury.
“In a modern and caring society, Canberrans rightly expect organisations like churches, sports groups and scouts to take responsibility for the abuse that occurred within their institution. But instead, we have seen examples of using legal technicalities to avoid that responsibility. This legislation will close those loopholes.
“For affected communities and survivors, the passing of this legislation could not come soon enough. This is not just another piece of legislation in a place made for legislating. For those seeking justice and redress, this legislation will ensure they can get a fair hearing.
“It will mean survivors who were abused by people in volunteer positions as part of their engagement with an organisation like a church or scout group will be able make legal claims against the organisations who had responsibility for the offenders.
“Really, this bill is about ensuring victims have access to justice for the crimes committed against them as children, and it is about ensuring institutions make amends for the harms caused on their watch. It’s as simple as that.
“The passage of this change is fundamentally, first a foremost, a story of community. It is a story of people from Canberra and around Australia, making the clear case for reform, and bringing their expertise and experience to ensure this Bill does the job it needs to.
“If this bill passes, it is these people, these members of our community that are responsible for this change more than any politician in this place. It is people like these who have campaigned over the past year who should feel proud of their part in history.
“If this legislation passes, powerful and wealthy institutions will no longer be able to arm themselves to the hilt with lawyers and worm their way out of compensating the people who were abused in their organisations. That ends today.
Harry James, Your Reference Ain’t Relevant:
“This reform is a critical step towards justice for survivors. For too long, institutions have avoided accountability through technical loopholes that denied responsibility for abuse that occurred under their watch. The ACT leading the nation in closing this gap sends a powerful message — that survivors deserve truth, responsibility, and reform that truly reflects the harm done.”
Josh Byrnes, survivor of institutional child sexual abuse:
“This bill is the warm glow of some light at the end of tunnel. Too long have victim survivors had to bear witness to their stories become evidence to a prosecution case only for institutions and perpetrators find yet another legal loophole to escape responsibility and accountability.
As an institutional survivor I welcome this change and hope we can continue to bring some equity back to a process that is so unfairly weighted towards offenders. I thank Shane, Kate and the entire team for raising this bill. I thank them for their continued advocacy and camaraderie in this fight for justice.”
Clare Leaney, CEO National Survivors Foundation:
“I commend the ACT Parliament for taking the lead in debating and hopefully passing this important legislation for Survivors in the ACT. This model legislation demonstrates the importance of vicarious liability laws in ensuring justice for Survivors. This legislation is an exemplar demonstration of law makers putting the interest of Survivors front and centre and I encourage other jurisdictions to adopt a similar nonpartisan approach.”
Joe Stroud, Chair National Survivors’ Day:
“This legislation will have a profound and meaningful impact for Survivors in the ACT and will ensure that Survivors of abuse can receive like justice, for like harms inflicted. National Survivors’ Day thanks the ACT Parliament for taking the lead to close the gap Survivors throughout Australia are facing in their pursuit of justice.”
Carol Ronken, Director of Research, Bravehearts:
“Bravehearts strongly supports the Civil Law (Wrongs) (Organisational Child Abuse Liability) Amendment Bill 2025, recognising that these reforms are vital to ensuring survivors of institutional child sexual abuse have equitable access to justice, whether the abuse was committed by employees or by individuals in positions of organisational authority, including volunteers, religious leaders, scout leaders, and coaches.”
Dr Judy Courtin, Principal and Advocate of Judy Courtin Legal:
“With the passing of this Bill, the ACT can stand tall and proud as the country’s forerunner with these critical legislative reforms for victims/survivors of institutional child abuse. The ACT parliament is courageous in standing up for the rights of victims/survivors. The ACT’s legacy will be enduring and provides the requisite type of leadership and mettle expected of our elected members of parliament.”
Hassan Ehsan, Special Counsel, Turner Freeman Lawyers:
“This Bill is about ensuring institutions are held accountable and survivors aren’t left fighting legal loopholes instead of being heard. It’s about time. I welcome the reform, it’s been a long time coming.”
Alessandra Pettit, Senior Associate, Stacks Goudkamp:
“The impact of institutional child sexual abuse is lifelong and, in my experience as a practitioner in this area, the reason survivors are coming forward is multifactorial. There is a justice element, there is an accountability element and then there is a financial element. To have a decision like Bird be handed down is devastating for all elements. The Civil Law (Wrongs)(Organisational Child Abuse Liability) Amendment Bill 2025 reflects the “new world” of this area and I commend the ACT Greens for being the leader of this change. I have no doubt that if the ACT is the first to follow the High Courts suggestion that this is a legislative fix, then other jurisdictions will do the same.”
