I rise to speak on the Justice Legislation Amendment (Vicarious Liability for Child Abuse) Bill 2025. Firstly, I would like to acknowledge the children in care who were abused, those that have been able to summon the courage to continue to function with varying levels of success throughout their lives. I have spoken to and know quite well some of the children who were sexually abused many decades ago in various care. I know people who have been able to put that behind them and not hold themselves to the level that their assailants held them to. They have been able to put it behind them and get on with their lives. There are others who carry that burden throughout their lives and have found it incredibly difficult to move on. As has been noted by previous speakers, sadly, when child abuse happens, it has an impact and creates a scar that can never be healed. For some that scar is too much of a burden to carry. The fact that children can blame themselves for sexual assault by child predators is incredibly damaging and can never be underestimated. I acknowledge those that are not with us today to hear about this legislation. As has been said in the very generous contributions that have been made by members on both sides so far, they cannot listen because they are not here with us. I acknowledge their family members and their friends and those who would have enjoyed their company. The world would be a better place if those younger people had been given the opportunity to grow into adulthood without the harm that occurred at the hands of adults that should have known better and institutions that should have kept a better eye on things, that should have acted on reports at an earlier point and that should have ensured that somebody who had wrong intent and was working with children one on one at times or had an ability to influence or do not just the wrong thing but heinously horrific things was held to account. This legislation is a step forward in that.
There would not be a member of this place who, like I suspect the vast majority of Victorians, would not always do what they could to ensure that child predation around sexual abuse and physical abuse does not occur. But unfortunately it does occur. It is important to note that this does not occur just within religious organisations. I think it is unfair to paint religion as being a precursor to child predation. That is not the case, and we misrepresent the risk to children across our society by singling out one particular entity. Child predators and sexual assailants, we know, will find victims wherever they can to achieve their own endpoint of sexual gratification. As was mentioned by the member for Frankston, recently we have seen that within childcare centres, but we know it has also occurred in other areas, including within the child protection system – kids who we already knew were at risk that were then exposed to predators, that were sexually assaulted during that time and whose lives have been so deeply harmed that their pathway has deviated from what they could have achieved in life. Government has a role and a responsibility to play in that, no matter whether it is something that occurs within a religious organisation, a school or a healthcare setting; whether it is in foster care or the child protective care system; or whether it is in sporting or community clubs. It does not matter what scenario this is in, the government has a responsibility to be part of that. While this legislation today steps up in some way towards that, we know that, sadly, there are children across Victoria who will be sexually assaulted today. As a parliamentarian, that is something that weighs heavily on me. I know that it weighs heavily on other members as well. There is always more we can do, but we can never undo the harm that was done in the past, which is why we must continue to have these conversations.
While it is a very difficult conversation to have, having the opportunity to listen to child victims of sexual assault is one of the heaviest duties we have as parliamentarians. On the other side, to be trusted enough that a constituent will come forward to you and share for sometimes the first time that they were sexually assaulted as a child, I am glad that somebody feels like they can come forward and share their story. I would not necessarily think that going into an MP’s office would be my first port of call to share that story, but when people do trust us enough to share those stories we have an obligation to do more and to make sure that people feel heard, that their harm is understood and that they have our support. Their survival means that they can continue to be advocates through their courage to speak out, whether it is a private one-on-one conversation with a friend, with a family member, with a counsellor who has expertise in the area or perhaps with a member of Parliament – whoever it is that they feel they can trust – and I encourage them to do so. Unlocking the heaviness of guilt and shame that is associated with being a victim of child sexual assault can help to heal as much as you can the harm that was caused by others. It is a simple message for anybody who is listening or reflecting back on Hansard who has been a victim of child sex abuse, no matter where that occurred: do what you can to look after yourself, and above all else, know that the actions of an adult that should have known better, that knew that it was wrong to use your position of vulnerability, of not knowing right from wrong, of having an undeveloped and immature brain, of having experiences in life of perhaps not feeling like you had an option to say no or feeling like you would get into more trouble, lose access to loved ones, be expelled from school or be homeless and out of care – that intimidatory behaviour – and the fact that at the time you could not speak up does not mean that you have failed. That is not a guilt or shame that any victims of sexual assault should ever carry.
That is why as parliamentarians bringing through legislation like this shows that when people share their story we can take action. We can ensure that the voices that are out there today who are speaking out against child sexual assault in the past or which is occurring today can be actioned so that in the future we have fewer child sex offences, that the predators are locked up and kept away from children and kept away from the community and that they are the ones who carry the guilt and shame of their own actions and not the victims of child sexual abuse. I hope that this is a step forward for some of the victims of sexual assault who have not been captured and have not been able to access all of the penalties that should have been afforded to them because there was not the legislation to support the positions which were akin to employment. I will note that this was covered in the Betrayal of Trust report over a decade ago, but obviously with the High Court decision and the recommendation that each state should establish legislation in this part does mean that a wrong will be set right in terms of a legislative framework.
I thank all of those who have had the courage to speak up and to be the voice of others who are not with us today. You have ensured that, in the future, there will be fewer child sex offenders. You have ensured there will be accountability and responsibility for those who have caused harm in our community.