In a significant move for justice, the Western Australian government has stepped in to close a controversial legal loophole that previously allowed churches to avoid liability for the criminal actions of paedophile priests. The new legislation, introduced to State Parliament on Wednesday, 12 November 2025, has been welcomed by survivors and legal experts as a crucial step forward.
Landmark Legislation in Response to High Court Ruling
The Civil Liability Amendment Bill is a direct response to a High Court decision which found the Catholic Church in Ballarat was not vicariously liable for a priest's abuse. The court had accepted the argument that the priest was employed by God, not the Church itself, creating a legal shield.
Attorney-General Tony Buti declared the situation unacceptable. This Bill seeks to specifically rectify that unacceptable situation and represents another step forward in our response to child sexual abuse in WA, he said. A critical feature of the changes is that they will apply retrospectively. This means that regardless of when child sexual abuse occurred, a victim who had never previously brought proceedings can now bring an action based on vicarious liability.
Legal and Survivor Reaction: Praise and Criticism
Prominent lawyer John Hammond called the new law brave. He explained that closing this loophole would help fast-track compensation cases and prevent the additional trauma of a drawn-out trial for survivors. The loophole has certainly been used to drag cases out, Mr Hammond stated. It will add pressure to settle because it means that the church assets will be up for grabs.
However, advocates were quick to point out a contradiction in the government's actions. Mr Hammond and others criticised the State's decision to appeal a $2.8 million payout to Dion Barber, who suffered abuse while in State care during the 1980s and 1990s. The grounds for the appeal, revealed on Monday, argue that public servants who sent Mr Barber back to his abusers were acting in good faith.
Mr Barber labelled the appeal disgraceful and stressful, urging the government to change the bloody system. Opposition Leader Basil Zempilas said the appeal was off the page with common decency and common sense, warning it could deter other survivors from coming forward.
A Call for Government Accountability
Terry Martino, an advocate for Survivors Of Child Abuse, expressed hope that the new laws would force religious institutions to prioritise fairness and compassion over financial risk. We applaud the Attorney-General on the steps he's taken, Mr Martino said.
Yet, he also voiced strong criticism of the government's handling of the Barber case, which Attorney-General Buti has claimed is necessary to clarify the law. Sadly, the appeal is undermining the Government's attempts here, Mr Martino argued. He asserted that Deputy Premier Rita Saffioti has the authority to instruct the Insurance Commission to drop the appeal and should do so. Mr Martino is scheduled to meet with Child Protection Minister Jessica Stojkovski to also push for funding for a promised peer support service for victim-survivors.
