15th of May, 2025, 12:01pm
FOR IMMEDIATE RELEASE
Legalise Cannabis Victoria has vowed to keep pushing the Allan government to make institutions accountable for the historic child sexual abuse after failing to secure legislative reforms this week.
Western Metropolitan Region MP David Ettershank gave his full support to a private members’ bill (introduced to state parliament by his colleague Rachel Payne on May 14) that would have removed a legal barrier preventing victim-survivors from accessing justice. However, it did not secure the support to pass the bill.
All victims of institutional child abuse deserve access to justice. Institutions cannot be allowed to wash their hands of these horrendous sex crimes against children because of the contractual basis under which the perpetrator was able to commit these crimes. It is absurd that this arbitrary distinction can allow an institution to be relieved of its responsibilities for the vulnerable in its care.
David ettershank – second reading debate
In November 2024, the High Court ruled that the Catholic Church was not liable for child abuse by a Ballarat priest because the priest was not an ‘employee’, so the church was not ‘vicariously liable’.
Mr Ettershank said that because of this legal loophole, churches with billions of dollars of assets were not being held to account, even though they failed in their duty to care for children.
“It is now up to Victorian MPs to fix this so that religious orders and not-for-profits aren’t let off the hook and are made to answer for the heinous crimes of people they had faith in,” he said.
Ms Payne said victim survivors could not seek financial compensation from many institutions, such as churches and sporting clubs, because their perpetrator was not classed as an ‘employee’, but instead a volunteer or spiritual counsellor.
“The High Court said loud and clear that it was the job of parliament to fix the law and hold these institutions to account,” she said.
“It’s a shame that neither the Government or Opposition backed this bill, but rather again said they want Australia’s attorney generals to come up with a national approach and move forward in unison.
“However other states are resisting change and don’t see this as a priority, it’s time Victoria found the courage to go it alone and do the right thing by victim survivors.
“We’re talking about justice for people who, as children and teens, were subjected to the most heinous abuse, and now their hurt and injury are not being fairly acknowledged or recompensed. This is re-traumatising people.
“Legalise Cannabis put up a private members’ bill because we wanted to show victim survivors that they were not alone – we are standing with you.”
The Australian Lawyers Alliance, a national association of lawyers and academics, is also urging the Victorian Government to change the law.
“We are deeply concerned about the real and ongoing impact of the High Court’s decision on victim survivors and their ability to access justice,” said Susan Accary, Victorian President, Australian Lawyers Alliance.
“We welcome the Victorian Government’s interest in this issue and urge the Government to engage.”
The In Good Faith Foundation (IGFF), which supports victim survivors, is also backing the bill.
“Now is the time for governments across Australia to step up and legislate to enshrine vicarious responsibility laws for sexual abuse committed, and to assign responsibility to the organisation that housed this offending – whether directly or through a volunteer or contractor working on their behalf,” said Clare Leaney, CEO of IGFF and Co-Founder National Survivors’ Day.
“A failure to do so would once again open the doors for offending to flourish in the community. Simply, if a community organisation cannot responsibly guarantee safe services for our children, they have no business providing them.”
Legalise Cannabis Victoria has vowed to keep working with the Victorian government to fix this wrong.
Read David’s second reading speech here.
[ENDS]
