Released 29/10/2025
The ACT Government is committed to supporting victim-survivors of organisational child sexual abuse to access appropriate legal remedies and pathways and improve their experience of engaging with the justice system.
The ACT Government will be supporting the Civil Law (Wrongs) (Organisational Child Abuse Liability) Amendment Bill 2025, introduced by Mr Rattenbury MLA, with government amendments.
Attorney-General Tara Cheyne will bring government amendments that would amend the meaning of ‘employee’ under section 114BC of the Bill to omit individuals 'associated with an organisation'. These amendments are intended to contain reform to the primary issue identified in the High Court’s 2024 decision in Bird v DP, reduce the risk of the ACT not aligning with other states and territories who have legislated on this matter, and reduce the potential risk posed to a broad range of non-government organisations who rely on volunteers.
The proposed government amendments would retain the broadening of the definition of employee to individuals 'akin to an employee', and the Bill’s regulation making power to prescribe circumstances where an individual is or is not akin to an employee. This regulation making power provides the means to provide further clarity, if required, on the definitional scope of an employee, and to respond to legislative and common law developments in Australia.
In proposing this amendment, the Government considered the findings of the Standing Committee on Legal Affairs’ Inquiry into the Bill, direct advocacy from stakeholders, including religious organisations, and inter-jurisdictional models on statutory organisational vicarious liability. The Government remains closely engaged with Commonwealth, State and Territory counterparts through the Standing Council of Attorneys-General on the impacts of the High Court’s decision and in considering potential reform options in a nationally consistent way.
The ACT Government has a strong track record for legislative reform aimed at better supporting victim-survivors and strengthening safeguards to protect children and prevent organisational child sexual abuse.
Attorney-General Tara Cheyne affirms that “supporting this Bill is one of the many steps the Government is taking, and will continue to take, to build a safer and more accountable system, one that removes avenues for perpetrators to exploit organisational settings to facilitate offending”.
“I acknowledge the work of the ACT Greens, and particularly Mr Rattenbury, in bringing forward this important Private Members Bill, their advocacy for victim-survivors, and for working constructively with the government on an issue that our parties both feel strongly about," Attorney-General Cheyne said.
- Statement ends -
Tara Cheyne, MLA | Media Releases