The WA government has joined Victoria in proposing changes to state laws making it easier for sexual abuse victims to sue religious institutions.

The states are responding to a High Court decision last year that found the Catholic Diocese of Ballarat could not be sued for a priest’s abuse because he was not an employee of the church.

WA this week introduced the Civil Liability Amendment (Child Sexual Abuse Actions) Bill 2025, which will deem religious practitioners employees of religious institutions for the purposes of any child sexual abuse civil action.

The Victorian government has said it will introduce legislation this year, and the ACT has already amended its laws.

The WA and Victorian changes will apply retrospectively, allowing for cases decided or settled since the Ballarat decision to be set aside.

The High Court decision found that since clergy are not employees, religious institutions are not vicariously liable for their actions. It said vicarious liability should not be extended to relationships that are “akin to employment”.