As a result of the findings of the Commission into Institutional Responses to Child Sexual Abuse, Victoria has introduced significant legislative changes to strengthen protections for children and improve institutional accountability. Key reforms include:
1. Criminal Offences for Failing to Protect or Report Abuse
- Failure to Protect (Crimes Act 1958 (VIC), s 49O): Makes it a criminal offence for people in authority within institutions to fail to reduce the risk of child sexual abuse.
- Failure to Disclose (Crimes Act 1958 (VIC), s 327): Requires any adult who has reasonable grounds to believe that a sexual offence has been committed against a child to report it to police, unless they have a reasonable excuse.
2. Extension of Limitation Periods for Civil Claims
Victims of institutional abuse can now bring civil actions at any time, and there is no longer a time limit on when a claim can be brought. This reflects an understanding of the trauma and delayed disclosure often associated with child sexual abuse and reflects the community's attitude that the passage of time cannot be used as a shield to protect abusers.
Safeguards in Place: Prevention and Oversight
Mandatory Reporting Obligations
In Victoria, teachers, early childhood workers, doctors, nurses, psychologists and police are among the professionals legally required to report known or suspected child sexual abuse to police. This system ensures police and child protection services are informed as early as possible and can offer timely and appropriate interventions. This is a significant change from the previous scheme which allowed voluntary disclosure.
If you are unsure whether this applies to you, check the Victorian government website and the Children, Youth and Families Act 2005 (Vic).
Working with Children Checks (WWCC)
In Victoria, a Working with Children Check (WWCC) is a legal requirement for individuals engaged in child-related work or volunteering. The process includes a national criminal history check and a review of any relevant professional conduct findings. A WWCC may be suspended or cancelled if a person is charged with, or convicted of, certain offences. Importantly, the WWCC can be revoked even before a finding of guilt as a precautionary measure, to reduce children's exposure to individuals who may pose a risk to their safety or wellbeing.
Institutional Duty of Care
Institutions now face a non-delegable duty of care, meaning they can be held legally liable for abuse committed by individuals connected to their organisation, regardless of whether the institution intended for the abuse to occur. This duty requires institutions to proactively take reasonable precautions to prevent the abuse of children by individuals in, or associates within their organisation.
If child abuse does occur, it will now be presumed that the organisation has breached their duty, unless it can be proved that the organisation took "reasonable precautions".
Notable Inquiries and Cases in Victoria
- The Royal Commission into Institutional Responses to
Child Sexual Abuse (2013–2017)
The Royal Commission into Institutional Responses to Child Sexual Abuse uncovered widespread abuse across religious, state, and community organisations. The Commission's recommendations have driven many of the legislative reforms now in place. - Redress and Civil Litigation
Institutions such as the Catholic Church, Anglican Church, YMCA, Scouts Australia, and state-run facilities have been the subject of civil litigation and redress claims. Reforms allow victims greater access to civil compensation, whilst the new criminal offences broaden the pathway to conviction. - Recent Prosecutions
In recent years, Victoria has seen numerous prosecutions involving allegations of sex offences in childcare and school settings, some dating back decades. Courts have adopted a trauma-informed approach to both child and adult complainants, including allowing evidence via video link, closed court arrangements, and court support dogs. A person charged with offending on this kind can expect to receive severe penalties.
Frequently Asked Questions
What should I do if I'm accused of institutional abuse?
Seek legal advice immediately. Historical allegations are treated seriously, and even decades-old claims can lead to criminal prosecution or civil litigation. At Doogue + George, we are experienced criminal lawyers, with specific expertise in historic sex abuse cases. You should get advice as soon as you become aware that there may be an investigation to ensure you are prepared should the police seek an interview.
Are institutions still liable for abuse that happened decades ago?
Yes. Under current laws, institutions can be held responsible for abuse that occurred in the past, especially where it is shown that they failed to take reasonable steps to prevent it. Individuals within the institution can now also be held responsible for their failure to disclose sexual abuse.
Can I be charged if I didn't report abuse?
Yes. Under the Failure to Disclose offence, failing to report a
known child sexual abuse is a criminal offence unless a legal
exception applies. These legal exceptions are:
- The person has a genuine and reasonable fear that telling the police could put someone else (not the person believed to have committed the offence) in danger, and choosing not to report it is a reasonable decision given the situation, even if the fear is about the act of reporting or the information being reported,
- The person believes on reasonable grounds that the information has already been disclosed,
- The information to be disclosed came from the victim of the sex offence, the victim as over the age of 16 at the time of the disclosure, and they requested that the information not be disclosed (assuming the person has capacity to make that request).
Do Working with Children Checks guarantee safety?
No system is foolproof, but the WWCC is designed to screen individuals for serious past offences and conduct issues. Institutions are still responsible for providing adequate supervision and policies. Institutions must take pro-active steps to protect children in their care. There is a great need for nationally consistent standards to ensure that those people with reported history are easily identifiable by those assessing suitability to hold a WWCC. Children are among the most vulnerable members of the community, and they need to be protected.
Speak to a Lawyer if You're Under Investigation
The legal consequences of being accused of child sexual abuse are incredibly serious, particularly within institutions. These matters are complex, often historical, and emotionally charged. If you are contacted by police, asked to provide a statement, or become aware of an investigation, speak to a lawyer before discussing the matter with anyone else.
At Doogue + George Defence Lawyers, we understand the profound impact that institutional abuse allegations can have on individuals. We have extensive experience guiding clients through these complex matters, addressing both the criminal charges and any related regulatory investigations with care, discretion, and professionalism.
Contact Doogue + George for Immediate Advice
If you are under investigation or facing charges related to institutional child abuse in Victoria, we can help. Early intervention can make a significant difference to your outcome.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
