AUSTRALIA
ABC – AM
[with audio]
TONY EASTLEY: There’s renewed scrutiny of the legal status of the Catholic Church and how it avoids being sued by victims of abuse.
A court case in New South Wales five years ago found that the Church could not be held legally liable for abuse cases because the Church doesn’t exist as a legal entity and it’s also not liable for its priests nor their actions.
As Emily Bourke reports there are now moves now to change the laws, making the Church legally responsible and its assets subject to damages claims.
EMILY BOURKE: It’s a legal technicality that dates back to the 1930s and it’s given the Catholic Church unique legal status.
Unlike other Christian denominations that have been corporatised, the Catholic Church is not recognised as a legal entity and as such can shield its assets that are held in property trusts from any civil legal liability.
ANDREW MORRISON: This is a defence that is peculiar to the Roman Catholic Church in Australia and it’s used as a very efficient weapon for beating down plaintiffs.
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