Landmark Legislation has been introduced in the ACT that expands liability of institutions for the crimes of paedophiles

DATE 06/11/2025

ACT Institutional Abuse Law

The ACT has become the first jurisdiction to pass legislation expanding the liability of churches, sporting groups, and other organisations to include the actions of paedophiles who are technically, not employed. Such groups will be vicariously liable for the actions of those such as clergymen, volunteers and sporting coaches who are in positions akin to employment.

 

On Thursday, 30 October 2025 the leader of the Act Greens, Shane Rattenbury who introduced the Bill stated that “No matter which jurisdiction you’re in, no matter which political party you’re aligned to, this is a matter of injustice that needs to be corrected… The High Court was extremely clear in its ruling that this was now a matter for parliaments to address — parliaments need to get on with a fix.”

 

With the ACT leading the charge for this change, the Victorian Attorney General, Sonya Kilkenny announced that her government would follow the ACT in introducing legislation to parliament by the end of the year.

 

Whilst a victorious moment for survivors of child abuse in the ACT, the pressure is now on for other jurisdictions to introduce the same legislation.

 

What it means for survivors of institutional abuse

The newly enacted legislation marks a significant step forward in addressing institutional abuse. By broadening the definition of “employee” to include individuals who, while not formally employed, perform roles integral to an organisation’s regular operations and for its benefit, the law closes a critical loophole that allowed them to evade responsibility.

 

The pathway to justice has been opened for survivors of institutional abuse and sends a clear message that organisational power and legal loopholes are now longer a defence mechanism to evade responsibility.

 

How Stacks Goudkamp Can Help

At Stacks Goudkamp , we are committed to helping survivors of institutional abuse seek justice, recognition, and healing. Stacks Goudkamp’s abuse lawyers have represented dozens of survivors from various Catholic and State state-run facilities across the jurisdictions.

 

  • Our Services Include:
  • Free, confidential consultations with specialist abuse lawyers
  • Comprehensive case assessments to determine eligibility for compensation
  • Skilled negotiation and litigation to secure the best possible outcomes
  • Support with psychological referrals and survivor advocacy
  • No-win, no-fee arrangements in abuse matters

 

We take a trauma-informed approach to ensure survivors feel safe, heard, and supported throughout the legal process. Whether the abuse occurred in a juvenile justice centre, foster care, religious institution, or school, we have the expertise to guide survivors toward justice.

 

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