ACT Greens announce bill that would make institutions vicariously liable for sexual abuse by employees

Australia Broadcast Center

21 hours ago

The ACT Greens have unveiled a bill aimed at making institutions such as the Catholic Church, Scouts and sporting groups vicariously liable for the actions of those associated with them who have sexually abused children.
This includes priests, Scouts leaders, and sports coaches who may have a relationship with the organisation akin to employment, even though it is not strictly an employment relationship.
The move was prompted by a High Court ruling last year that found a priest, accused of child sex offences, was not an employee of the church, so the institution could not be held vicariously liable for his actions because that only applies in employment relationships.
"I am deeply concerned that we are now seeing a situation where institutions that have had people abused in their care are now able to avoid responsibility because of this apparent lack of connection where people who were priests, coaches other roles, as part of these institutions, are now not seen to be covered by that organisation," Greens leader Shane Rattenbury said.
The High Court case involved a man who was allegedly sexually abused by the family priest in 1971, during pastoral visits to his family home.
The man was only five at the time.
The priest was Father Bryan Coffey, who was convicted of offences against other children in the 1990s and has since died.
The High Court ruling was a bitter blow for the alleged victim, who had won two Victorian court cases, which found the church was vicariously liable for the damage caused to him.
In both rulings it was found Father Coffey was not an employee of the church but had a special place within the hierarchy of the church, which gave rise to vicarious liability.
The High Court found that simply wasn't the case, and only an employment relationship matters.
"My observation of having read the material from the High Court is that they were looking at the broader picture of vicarious liability, and its broad status in the law, as opposed to the specific matters of child sexual abuse," Mr Rattenbury said.
"So the High Court was thinking much more about a range of corporate matters and the like rather than the specifics."
Mr Rattenbury said his proposed law would target child sex abuse.
Lawyer Alessandra Pettit, who was involved in the launch of today's draft law, says the real problem is for the victims.
"We spent $370 million on a royal commission into institutional responses to child sexual abuse and whilst a lot of the recommendations have been helpful, it seems to be a bit of a pendulum in this area that it keeps swinging each way," Ms Pettit said.
"I am really really concerned about the effect of this on my clients.
"You are dealing with a cohort of people who have already been abused as children by someone in a position of power.
"To stand up in court is not an easy thing for anyone and then to have technical legal arguments take that away is really really difficult."
Mr Rattenbury said the Council of Attorneys General was looking at the issue, but it was something that had to be addressed more locally.
"This will not be a national response, it is one that will sit with states and territories," Mr Rattenbury said.
"So my view is to move forward.
"And the ACT can act as a template and a guide for other jurisdictions."
Mr Rattenbury said he was hoping his private members bill would get some traction in the Assembly.
"This bill is about ensuring victims have access to justice for the crimes committed against them as children and it's about ensuring institutions make amends for the harm caused by their institutions and the people participated and took significant roles in those institutions," Mr Rattenbury said.
The bill will be presented later in the month.