Churches in the state of Victoria, Australia, will soon be held vicariously liable for child sexual abuse committed by their priests, under new retrospective legislation expected to be introduced to state parliament by the end of 2025.
The move is designed to overturn a 2024 High Court ruling that found the Ballarat Catholic Diocese could not be held responsible for abuse by notorious paedophile priest Bryan Coffey because he was not legally classified as an employee of the Church.
Two sisters, Bernie and Trish - who were abused by a paedophile priest in the 1970s - are now seeking compensation but have been prevented due to last year's High Court decision.
That landmark decision cast doubt over dozens of compensation claims by survivors of institutional abuse, sparking widespread concern among legal experts, advocates, and victim-survivors, who said it compounded their trauma.
In the months since the ruling, attorneys-general across the country have discussed the need for legislative reform. Survivor-led campaigns have gained momentum and there has been support from a range of different parties including the Legalise Cannabis Party in Victoria and the Labor party.
Victorian Attorney-General Sonya Kilkenny told ABC News she had begun drafting legislation.
Maurice Blackburn principal lawyer John Rule said the High Court decision had created "a whole lot of uncertainty and fear" for many clients.
"The survivors felt like their legal rights had been stripped away by the High Court decision," he said.
Other states in Australia have vicarious liability laws but they have not been retrospective.
Critics say a retrospective law could unintentionally have consequences for other non-religious community groups which have more free-ranging volunteer roles.
The Church of England in the UK has seen a number of high profile cases of abuse from people within the church - most notably the barrister John Smyth, who ran Christian summer camps and abused children in his care.
Victims are able to bring civil claims against the Church of England and it can also be held vicariously liable. In 2015 the Church of England paid out £35,000 in compensation to a victim who was abused by Rev. Garth Moore, an expert on cannon law.