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Church makes it easier for victims to sue

Echo Netdaily
November 24, 2015

http://www.echo.net.au/2015/11/church-makes-it-easier-for-victims-to-sue/

The Catholic Church plans to make it a requirement for dioceses or religious orders to help sex abuse claimants identify who they should sue if they want take legal action.

The requirement is contained in guidelines published on Monday by the Truth, Justice and Healing Council and have been endorsed by the Church leadership.

They will come into effect from January 1.

The council says they are designed to promote ‘justice and consistency’ in the way the church handles child sexual abuse claims and conducts litigation when taken to court.

A recurring problem identified by the Royal Commission into Institutional Responses to Child Sexual Abuse had been the difficulty experienced by child abuse survivors in identifying a correct defendant when it came to legal proceedings.

The assets of the Catholic Church as well as other churches are held in property trusts which can’t be held liable for abuse.

The problem was highlighted during the NSW Ellis case in 2004 when abuse survivor John Ellis failed to sue then Archbishop of Sydney Cardinal George Pell and the diocese body corporate (the Trustees).

The Court of Appeal found that neither Cardinal Pell nor the trustees could be held liable for the criminal conduct of the priest who abused John Ellis.

The commission has heard lawyers for church bodies have since used that finding to deter people from going to court.

The Catholic Church will now instead commit to helping claimants identify the correct defendant.

The CEO of the TJHC, Francis Sullivan, said the community expected the Catholic Church to have a compassionate and consistent approach towards survivors of child sexual abuse, including when they take legal action.

‘These guidelines provide a framework for Church authorities to do the right thing in court and ease the trauma of litigation for survivors,’ he said.

The guidelines also cover issues such as providing records, making an early assessment of claims, keeping costs down and paying legitimate claims without litigation.

It will also require that church officials be mindful of the traumatic experience for claimants during litigation and endeavour to avoid legal proceedings wherever possible.

If the Church authority become aware that it or its representatives or lawyers have acted wrongfully, improperly or in breach of the guidelines an apology will be offered.

‘While going to court and litigating a claim must always be an option for child sexual abuse victims a national redress scheme must also be available,’ Mr Sullivan said.

‘There will be many survivors of child sexual abuse who will not want to go to court.’

The Catholic Church backs the national redress scheme recommended by the royal commission which would see victims compensated and ongoing costs of counselling and care covered.




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