BishopAccountability.org

Catholic Church releases new guidelines to deal with child sex abuse claims, critics label 'disingenuous'

By Lorna Knowles
ABC News
November 23, 2015

http://www.abc.net.au/news/2015-11-23/new-guidelines-for-catholic-church-child-sex-abuse-claims/6967164

The Catholic Church released new guidelines to deal with claims of child sexual abuse.

The Catholic Church has released new guidelines to deal with claims of child sexual abuse, which it says will promote a more compassionate approach towards victims.

But child abuse survivors and their lawyers say the guidelines are disingenuous because they do not expressly reject the controversial Ellis defence — a court ruling that the church is not a legal entity which can be sued.

Releasing the guidelines on Monday, head of the Catholic Church's Truth, Justice and Healing Council, Francis Sullivan, said the church wanted to treat survivors and victims fairly, compassionately and in a timely manner.

"It's about demonstrating how they will put the interests of the survivor first, provide information quickly, go through it openly and honestly, provide a proper defendant, if that survivor wishes to bring forward a suit of damages," Mr Sullivan said.

But barrister and spokesman for the Australian Lawyers Alliance, Andrew Morrison SC, told the ABC the guidelines were a backward step for victims.

"They are disingenuous. They do not suggest they will be a legal entity. They do not suggest that the limitation period will not be relied upon. They do not suggest that the Ellis defence isn't still there to be used," Dr Morrison said.

The guidelines make no mention of the controversial Ellis defence — a 2007 NSW Court of Appeal court ruling that the church cannot be sued for damages.

Church leaders have stated publicly they will no longer rely on the defence to defend abuse claims.

Church still relying on Ellis defence: Morrison

But Dr Morrison said the church was still relying on the Ellis defence, most recently in a case brought by alleged victims of the former Bishop of Ballarat, Ronald Mulkearns.

"When Bishops go back on their undertakings the church is not looking like a very professional or frank organisation," Dr Morrison said.

Mr Sullivan said under the guidelines, the church would ensure victims were able to identify the proper defendant to sue.

When Bishops go back on their undertakings the church is not looking like a very professional or frank organisation.

Andrew Morrison SC, barrister

"The policy and the guidelines are very clear that all church authorities will identify the proper entity to be sued and that entity will be backed by insurance and or assets," Mr Sullivan said.

"There is not one legal entity called the Catholic Church. It is compromised of 40 diocese and 189 religious orders. These are the entities. So it depends on where the person has been abused, by whom. Then the relevant authority assists in identifying the proper defendant."

The new guidelines were released on Monday, on the eve of Royal Commission hearings in Melbourne where Cardinal George Pell is due to appear next month.

Cardinal Pell spearheaded the legal challenge that led to the Ellis defence finding and has sparked controversy again ahead of his appearance at the Royal Commission hearings in December.

He has taken the unusual step of hiring his own team of lawyers to cross examine victims who allege he covered up abuse and tried to bribe them to keep quiet when he was a priest in Ballarat.

Cardinal Pell denies the allegations.

Mr Sullivan said while it was church policy not to cross examine victims, Cardinal Pell was in a different situation.

"The cardinal has obviously chosen separate legal representation because in the first part of the Ballarat hearings serious personal allegations have been made against him," he said.

"We, the council, fully support the fact that he will need to take the option of possibly having his lawyers cross examine that evidence.

"The Royal Commission has made it clear that in order for it to make appropriate findings all evidence needs to be put on the table and in order for that occur, individuals making allegations need to have their evidence tested directly."

The new guidelines on dealing with child sexual abuse claims will take effect from January 1.




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