The Alliance has written to the Attorney - General, as we are gravely concerned about the recent ruling by Australia's highest court, which overturned a successful lawsuit brought by a survivor of child sexual abuse. The High Court determined that the pedophile priest in question was not an “employee” of his Catholic Diocese, thereby absolving the Diocese of vicarious liability.
Attached is the response from the Head of the National Office for Child Safety, Attorney-General's Department
The Court's judgment states that vicarious liability is “confined to employment relationships,” and that the priest was neither an employee nor an “agent” of the Diocese, with his actions not being conducted with the express or implied authorisation of the Diocese.
This decision has significant implications for institutional liability, potentially hindering claimants from recovering damages against institutions where no formal employment relationship exists between the institution and the alleged offender.
This outcome directly contradicts the findings and recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse, which emphasized the following:
Duty of Institutions
For both the non-delegable duty and the imposition of liability with a reverse onus of proof, individuals associated with the institution should include officers, office holders, employees, agents, volunteers, and contractors. In the case of religious organisations, this also extends to religious leaders and personnel.
The Alliance for Forgotten Australians urgently requests legislative reforms to ensure justice for survivors of childhood sexual abuse perpetrated by religious figures. It is crucial that institutions are held accountable for the actions of those associated with them, regardless of formal employment status.
