Petition Expand the law of vicarious liability

The petition of certain citizens of the State of Victoria draws to the attention of the Legislative Council the High Court of Australia's 2024 decision in Bird v DP that found that Catholic priests were not employees of the Catholic Church and therefore cannot be held vicariously liable for the past conduct of a priest. It also decided relationships akin to employment, such as with contractors or volunteers, is not covered.

This means the Catholic Church avoids being sued for past crimes by priests under the law of vicarious liability. 43 per cent of 8,800 reports of child sex abuse to the Royal Commission into Institutional Responses to Child Sexual Abuse were by Catholic priests. 

The priests of the Catholic Church have sole control of schools, hospitals, welfare services, businesses and residential properties. No person employed in a position of trust in Victoria should be exempt from normal legal responsibility. No organisation should be exempt from legal responsibilities in regards to vicarious liability. We request the removal of all funding to Catholic Archbishops and Bishops as sole controllers of Catholic schools and services in Victoria until the Wrongs Act 1958 is fixed.

The petitioners therefore request that the Legislative Council call on the Government to amend the Wrongs Act 1958  to ensure institutions such as the Catholic Church are held vicariously liable for the actions of its members and to remove all state funding to Catholic schools and services until such legislation is in place.