Child Sexual Abuse in Institutional Settings: Legal Reforms and Safeguards

The article Child Sexual Abuse in Institutional Settings: Legal Reforms and Safeguards is written by Edward Kline-Marantelli, Lawyer, Doogue + George Defence Lawyers.

Edward is a lawyer based at our Melbourne and Broadmeadows offices. He has appeared in various jurisdictions in a broad range of criminal, quasi-criminal, and administrative law matters and regularly assists clients in matters involving Working With Children Checks (WWCC).

Edward brings a considered and analytical approach to each matter. He is known for delivering clear, practical guidance and strong advocacy, helping clients navigate the complex legal and personal challenges these cases often present.

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.