Key Takeaways:
- A national campaign, Speak Up For Change, is being launched to close a legislative loophole that is blocking victim-survivors of child sexual abuse from pursuing justice in court.
- The campaign is led by former Australian of the Year Grace Tame and a man known as DP, who was sexually abused by a Catholic priest as a child.
- The High Court has ruled that the Diocese of Ballarat is not vicariously liable for the actions of one of its priests, despite the priest being a convicted paedophile.
- The decision has been criticized for sending a message to survivors that there is no point coming forward because institutions have no responsibility for their employees’ actions.
- The campaign is calling for state and territory governments to overhaul their vicarious liability legislation to ensure it applies to people who are "akin to employees", such as priests and volunteers.
Introduction to the Campaign
A national campaign is being launched to close a legislative loophole that lawyers say is being "weaponised" to block victim-survivors of child sexual abuse from pursuing justice in court. The campaign, Speak Up For Change, is led by former Australian of the Year Grace Tame and a man known as DP, who was sexually abused by a Catholic priest as a child. DP’s case against the Catholic Diocese of Ballarat was appealed in the High Court in November 2024, and the court ruled that the diocese was not vicariously liable for the actions of the priest, Father Bryan Coffey.
The High Court Decision
The High Court’s decision has been widely criticized for sending a message to survivors that there is no point coming forward because institutions have no responsibility for their employees’ actions. DP’s lawyer, Sangeeta Sharmin, said that the decision did not align with "community standards" and that religious personnel, such as priests, should be considered employees for the purposes of vicarious liability. The decision has also been criticized for being "cruel" and "hypocritical", given that the Catholic Church claimed JobKeeper payments during the COVID-19 pandemic, which helped businesses pay their employees.
The Impact of the Decision
The High Court’s decision has not only affected DP’s attempt to seek justice but has also thwarted other cases, including one being pursued by another of Coffey’s victim-survivors, known as Deb. Deb was abused by Coffey when she was 11 years old and has spent over a decade fighting for her day in court. The decision has also impacted other victim-survivors of child sexual abuse, including those who were abused by volunteers in sporting organizations and other institutions.
The Royal Commission’s Recommendations
The Royal Commission into Institutional Responses to Child Sexual Abuse delivered its final report in 2017, recommending that state and territory governments introduce legislation to make institutions liable for institutional child sexual abuse by persons associated with the institution, unless the institution proves it took reasonable steps to prevent the abuse. The commission also recommended that the legislation should include religious leaders, officers, and personnel of the religious organization. However, some states and territories have amended their vicarious liability legislation to include people who are "akin to employees", but the changes have been prospective, not retrospective, as recommended by the royal commission.
The Campaign’s Demands
The Speak Up For Change campaign is demanding that state and territory governments overhaul their vicarious liability legislation to ensure it applies to people who are "akin to employees", such as priests and volunteers. The campaign is also calling for the reforms to be retrospective, so that victim-survivors of historical child sexual abuse can pursue legal action. The campaign’s demands have been supported by lawyers and advocates for survivors of sexual and institutional abuse, who say that the current legislation is not sufficient to hold institutions accountable for their role in enabling child sexual abuse.
The Response from Governments
The response from state and territory governments has been mixed, with some jurisdictions introducing legislation to expand vicarious liability, while others have been slower to act. The ACT has passed legislation expanding vicarious liability, while the Western Australian government has introduced legislation that has been criticized for being too narrow. The Victorian government has introduced a bill to reform its vicarious liability legislation, which is currently before the upper house. The New South Wales, Queensland, South Australian, Northern Territory, and Tasmanian governments have said they will continue to consider potential reforms.
Conclusion
The Speak Up For Change campaign is an important step towards holding institutions accountable for their role in enabling child sexual abuse. The campaign’s demands for retrospective reforms to vicarious liability legislation are crucial to ensuring that victim-survivors of historical child sexual abuse can pursue justice. The response from state and territory governments will be critical in determining the success of the campaign, and it is hoped that they will take swift action to address the legislative loophole that is blocking victim-survivors from seeking justice.
