States urged to act after deeply concerning Catholic Church ruling

The High Court sent shockwaves through advocates for abuse survivors last week when it overturned a previous ruling on appeal, and ruled that a Catholic diocese was not liable for the historical sexual abuse of a young boy in Victoria.

The original ruling had found the Catholic Church’s Ballarat diocese was legally responsible for the misconduct of its former priest Father Bryan Coffey.

Coffey, who is now deceased, received a three-year suspended sentence in 1999 after being convicted of charges including false imprisonment and the indecent assaults of males and females under 16.

On Wednesday, the High Court found that the relevant legislation did not provide a basis for imposing vicarious liability on the church because the priest could not be legally considered an employee.

Former prime minister Julia Gillard has called on Australia’s attorneys-general to urgently consider how to deliver justice to survivors of child abuse.

Last week legal experts warned that the landmark decision could cast doubt over thousands of legal cases against religious orders nationwide.

Kim Price, a partner with Arnold Thomas and Becker Lawyers – which represents about 1400 victims of historical sexual abuse – last week urged Victorian Attorney-General Jaclyn Symes to intervene.

“We respectfully ask your government to consider introducing legislation to remedy the High Court’s ruling to bring vicarious liability of religious organisations into line with that of other organisations who have historically been responsible for the care of children,” Price said in an email to Symes on Wednesday.

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