At Carbone Lawyers, we understand that the journey toward healing for survivors of child abuse is long and often hindered by complex legal hurdles. Recently, the Victorian Parliament passed a significant piece of legislation: the Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026.
This Act introduces vital changes to the current law that make it easier for survivors to hold institutions accountable for the actions of those who worked for them, even if they weren’t technically “employees” in the traditional sense.
What has changed?
The changes to the laws focus on two main areas: Vicarious Liability and the ability to reopen past legal cases.
1. Closing the “Contractor” Loophole
Previously, some institutions avoided responsibility by claiming that an abuser was an independent contractor or a volunteer rather than a formal employee. The new Section 93C of the Wrongs Act 1958 changes this.
Now, an institution can be held vicariously liable (legally responsible) if the abuser was an “individual akin to an employee”. To determine this, the court will look at:
- Whether the person’s activities were integral to what the institution does.
- Whether they were acting for the benefit of the institution.
- The level of control the institution had over them.
Crucially, the law now recognises that institutions are responsible if they placed an individual in a role that provided the “occasion for the abuse”, such as a position of authority, trust, or intimacy with a child.
2. A Second Chance for Recent Settlements
Legal landscapes change quickly. If you settled a claim or had a case dismissed recently, you might feel like you missed out on these stronger protections. The Act addresses this by amending the Limitation of Actions Act 1958.
Survivors who had a judgment made against them or entered into a settlement agreement during the “transition period”, between 13 November 2024 and late February 2026, may be able to apply to the court to have those previous results set aside.
Note: The Supreme Court now has the specific power to set aside past settlements or orders from other courts (except the High Court) to ensure survivors get a fair hearing under these new standards.
What does this mean for survivors?
These amendments are designed to ensure that the law prioritises the protection of children over the technical employment structures of an organisation.
- Historical Abuse is Covered: These changes apply to claims of child abuse regardless of whether the abuse happened yesterday or decades ago.
- Government Accountability: If the institution responsible is a public sector body that cannot be sued directly, the State of Victoria will step in as the defendant to ensure you have a path to compensation.
- A Fairer Playing Field: By expanding who is “akin to an employee,” the law recognises the reality of how many religious, educational, and social institutions actually operate.
How Carbone Lawyers can help
The legal system can be intimidating, especially when revisiting painful memories. These new laws are a powerful tool, but navigating them requires specialised expertise.
If you believe your previous settlement was unfair, or if you were told in the past that you couldn’t sue because the abuser “wasn’t an employee,” the doors to justice may have just reopened for you.
