❓ Question regarding WA's plans to amend laws on vicarious liability for child abuse, following a High Court ruling and similar legislation in Victoria. The response indicates ongoing review and advocacy for a national approach.
AnsweredQoN 406Legislative Assembly
QuestionView source ↗
Child abuse—Vicarious liability406.Hon Dr Brian Walkerto the parliamentary secretary representing the Attorney
General:I refer the Attorney
General to reports that our colleagues in the Victorian Parliament will soon
consider legislation to allow churches to be held vicariously liable for abuse carried
out by members of the clergy.(1) Is the ABC's report of 17 June 2025 accurate
when it states that this issue has been discussed by Attorneys General across
Australia in the wake of the High Court's ruling last year that vicarious
liability did not attach to the Ballarat Catholic diocese in the case of
paedophile priest Bryan Coffey?(2) If so, what conclusions have been reached?(3) What plans, if any, are there for Western
Australia to follow suit and amend our own laws to mirror those proposed in
Victoria so that we might swiftly and definitively right this wrong?
General:I refer the Attorney
General to reports that our colleagues in the Victorian Parliament will soon
consider legislation to allow churches to be held vicariously liable for abuse carried
out by members of the clergy.(1) Is the ABC's report of 17 June 2025 accurate
when it states that this issue has been discussed by Attorneys General across
Australia in the wake of the High Court's ruling last year that vicarious
liability did not attach to the Ballarat Catholic diocese in the case of
paedophile priest Bryan Coffey?(2) If so, what conclusions have been reached?(3) What plans, if any, are there for Western
Australia to follow suit and amend our own laws to mirror those proposed in
Victoria so that we might swiftly and definitively right this wrong?
AnswerView source ↗
Answered
24 June 2025
Response time
0 days
Hon Dan Caddy replied:I thank the
honourable member for some notice of this question.(1)–(2) I refer the member to the
communique from the Standing Council of Attorneys-General meeting held on 21
February 2025. This work is ongoing.(3) While the Attorney General will continue to
advocate for a nationally consistent approach to addressing the consequences of
the High Court appeal in the Bird v DP decision, he recognises and acknowledges
the urgency of this matter for many victim-survivors. The Attorney General has
therefore directed the Department of Justice to review the implications of the
Bird v DP decision on vicarious liability.
Child abuse—Vicarious liability
honourable member for some notice of this question.(1)–(2) I refer the member to the
communique from the Standing Council of Attorneys-General meeting held on 21
February 2025. This work is ongoing.(3) While the Attorney General will continue to
advocate for a nationally consistent approach to addressing the consequences of
the High Court appeal in the Bird v DP decision, he recognises and acknowledges
the urgency of this matter for many victim-survivors. The Attorney General has
therefore directed the Department of Justice to review the implications of the
Bird v DP decision on vicarious liability.
Child abuse—Vicarious liability
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