2026-11-12
On National Survivors Day, the Western Australian Labor Government agreed to reforms to address a legal loophole identified in a 2024 High Court decision which held the Catholic Church could not be liable for abuse perpetrated by non-employees, namely clergy.
But the same day, the Minns Labor Government and the NSW Coalition Opposition blocked debate on this same issue in the NSW Parliament, while simultaneously refusing to progress the same reforms.
Sue Higginson, Greens MP, Solicitor and Spokesperson for Justice, said:
“Another State has now done the right thing and taken action to protect victims of institutional child sexual abuse. Western Australia has now joined Victoria and the ACT in responding to the High Court’s decision in Bird vs DP, leaving NSW as the laggard,
“NSW Labor Attorney General Michael Daley has stated he is waiting for the other states to act before he takes action to protect victims in New South Wales, so he needs to act now because most of Australia has acted,
“In contrast to Western Australia, Labor and the Liberals shut down debate on this very issue in Parliament on National Survivors Day, but they can’t shut down the growing community pressure to act on this issue and to give it the urgency it deserves,
“New South Wales is now one of the only states where the perverse legal loophole exists, which prevents victim-survivors of sexual abuse by the Catholic Church from holding that institution liable because the abusers were clergy and not directly employed,
“Attorney General Michael Daley needs to explain why victim-survivors in New South Wales should be deprived of justice, while victim-survivors in other states have Governments that respond to their needs. The Premier Chris Minns and Attorney General Michael Daley need to act. There are no more excuses.” Ms Higginson said.