Right now, victims and survivors of child sexual abuse and other abuses are being denied justice because of a dangerous legal loophole.

Institutions like churches, schools, sporting clubs and other organisations can escape responsibility if the perpetrator was not technically their “employee.” This means survivors may be left without any legal remedy - even when the institution created the environment that enabled the abuse.

This happened in the case of DP v Diocese of Ballarat.

DP was abused at age five by a Catholic priest who was later convicted of many sexual offences. Although the Supreme Court of Victoria initially held the Diocese responsible, the High Court overturned that decision, ruling that unless there is a formal employer/employee relationship, institutions cannot be held liable.

The impact? Survivors like DP are left without justice. And institutions can again rely on what’s known as the Ellis defence - the very loophole the Royal Commission tried to close.

Australia now lags behind countries like the UK, Canada, New Zealand, Ireland and Singapore in protecting survivors. We cannot let this stand.

We need your help.

Please contact your local MP and ask them to:

• Support urgent legislative reform to close this loophole.
• Ensure all states and territories act by the end of 2025.
• Guarantee the reforms apply retrospectively so past survivors are not shut out.
• Stand with survivors to hold institutions accountable, no matter the technicalities of employment. 

To make this easier, the Grace Tame Foundation has prepared speaking points you can use when meeting with your MP, as well as a guide to advocacy to help strengthen your skills and confidence. These are avilable for download below. 

Your voice matters. Together, we can push for a fair and consistent standard that puts accountability and survivors first.

We really appreciate everyone who takes the time to advocate for legislative reform. To help us stay coordinated and recognise your efforts, we kindly ask that you let us know when you’ve taken any advocacy actions — for example, contacting decision-makers, sharing resources, or promoting our message. This helps us track our collective impact, avoid duplication, and continue building momentum together.

Email Esther Zuvela at ezuvela@thegracetamefoundation.org.au to keep us updated.

Thank you for standing with us.

Justice Without Borders:
DP’s Law Plain English Guide