AUSTRALIA
Huffington Post
Michelle James
Principal and the head of Maurice Blackburn Lawyers’ Abuse Practice
Extraordinary details have continued to emerge at The Royal Commission into Institutional Responses to Child Abuse about the extent of sexual abuse and alleged perpetrators within the Catholic Church, as well as compensation paid.
The statistics are shocking — more than 4,400 cases of alleged abuse have been recorded, and close to $280 million in compensation paid over 35 years. Significant concerns were also raised about barriers to compensation in dealing with the Catholic Church, including through the Church’s Towards Healing process.
Sadly, the struggle for survivors seeking access to compensation is a tale we have heard all too often when it comes to the Catholic Church — whether this is sought through the Towards Healing process or directly through a diocese or affiliated organisation.
For too long the Catholic Church has been hiding behind a complex legal defence known as the ‘Ellis defence’ that blocks victims from suing for compensation. Based on a 2007 NSW Court of Appeal decision involving abuse survivor John Ellis who was sexually abused by a priest in the 1970s, the defence essentially protects the Catholic Church from liability to be sued because it is not a legal entity. So despite well-documented abuse occurring within countless Catholic Church owned, affiliated and operated organisations, survivors must instead seek compensation directly from the diocese or congregation concerned, while the broader church remains at arm’s length.
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