The WA Government has today announced it intends to legislate to address the impact of the High Court Bird v DP decision which found that the Catholic Church could not be held vicariously liable for child sex abuse by a priest under its supervision.
In November 2024, the High Court of Australia handed down its decision in Bird v DP, which held that a diocese of the Catholic Church could not be vicariously liable for child sexual abuse by a priest under its supervision, because the priest was not an employee of the diocese.
Following the decision in Bird, many survivors of institutional child sexual abuse and their advocates have expressed dismay at this decision which has severely limited the avenue for just compensation.
The Western Australian Department of Justice has been tasked with developing options, including the introduction of legislation to address the implications of the Bird v DP decision.
“I acknowledge the strength that survivors of child sexual abuse display when they choose to disclose their abuse to others,” said WA Attorney General, Tony Buti.
“To then take the step of commencing proceedings against the institutions in which their abusers worked also takes incredible courage and tenacity.
“The Bird decision affects victim-survivors across all Australian jurisdictions.
“I will therefore be sharing our work with Attorneys General across Australia at the upcoming Standing Council of Attorneys-General to advocate for nationally consistent reforms,” he said.
In 2017, the WA Labor Government introduced historic reforms to remove obstacles to victim-survivors of child sexual abuse. These reforms removed limitation periods for civil actions.
The reforms also fixed a loophole by providing a legal basis for suing institutions, such as churches, for historical child sexual abuse in the name of the current office holders.
