Posted on 14 Sept 2026
Justice for survivors of institutional child abuse
By Slater and Gordon
A recent High Court ruling, together with changes to legislation in Victoria and the ACT, has fundamentally changed the legal landscape for survivors of institutional child abuse. Victim-survivors who were abused in institutions now have clearer, stronger pathways to seek justice and compensation.
What does this change mean?
In the past, victim-survivors were unable to pursue compensation for child abuse if the abuser was not technically a formal employee. This left a loophole where institutions could escape accountability for the actions of people they placed in positions of trust and power.
Bird v DP (a pseudonym) is a 2024 High Court of Australia case where the court unanimously ruled that the Catholic Diocese of Ballarat weren’t vicariously liable for the historical sexual abuse committed by a priest.
Victoria has passed legislation expanding vicarious liability so institutions can be held responsible not only for employees but also for people in roles “akin to employment,” such as clergy and volunteers. The reform closes a loophole from Bird and strengthens victim-survivors’ ability to pursue civil compensation for child abuse.
As Stephanie Brown, our Head of Abuse Law, explains:
“What the High Court has done is to ensure that institutions who have children in their care, control or supervision aren’t able to escape liability on a technical legal point.”
What is vicarious liability?
“Vicarious liability” is when a person or organisation is held legally responsible for the wrongful or criminal acts of another, even though they did not commit the act themselves.
Seeking justice for victim-survivors
For many survivors, compensation is a small facet of their pathway to justice. It’s about recognition and the acknowledgment of harm that was caused. By holding institutions accountable, survivors are finally able to have their stories heard and believed.
What institutions can be held liable for abuse in Australia?
Claims can be made against a wide range of institutions that have had children in their care, including:
- Government and private schools
- Churches and religious organisations
- Foster care and out‑of‑home care providers
- Hospitals and health services
- Sporting clubs and community organisations
- Government departments and agencies
If an institution placed you in the care of someone who abused you, it may be legally responsible, regardless of when the abuse occurred. Limitation rules and specific pathways can vary, so tailored advice is important.
Do I need to have reported the abuse at the time to make a claim?
No. Most survivors never reported what happened, and that will not prevent you from making a claim.
Our team takes a trauma-informed approach and understands how difficult it can be to come forward. You will be listened to and supported throughout the process.
What compensation can survivors of institutional abuse claim?
Every case is assessed individually, but compensation can generally cover:
The physical and psychological impact of the abuse, and loss of enjoyment of life.
Conditions such as anxiety, depression or post traumatic stress, including treatment costs.
Past and future loss of earnings where the abuse has affected education, career opportunities or ability to work.
Cost of counselling, psychiatric care, medication, and other ongoing support services.
How we can help
At Slater and Gordon, we believe that institutions should be held accountable for abuse perpetrated against children. Survivors of institutional child abuse across Australia may have options to seek justice. If you’re a survivor of abuse, you’re not alone. If you want to start exploring your pathways to justice, we’re here when you’re ready. We have experienced abuse lawyers and social workers to help support you on your journey.
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.