‘Ellis defence’ will no longer block victims from suing churches, other organisations for child sex offences

SYDNEY (AUSTRALIA)
news.com.au

January 1, 2019

By Tom Rabe and Phoebe Loomes

Victims of child sex abuse in NSW can now sue the church after the state government removed a legal roadblock used by institutions to avoid compensating survivors.

From January 1 churches will no longer be able to use the “Ellis defence” as a way of avoiding paying compensation to victims.

In 2007 former altar boy John Ellis lost a landmark civil action against the Catholic Church over child sex abuse after it successfully argued it had no “legal personality” and was not a proper defendant.

Mr Ellis is relieved survivors will now be able to “hold institutions to account”.

“We are now going to see a pathway to justice for survivors of abuse that they haven’t had in the past,” Mr Ellis told AAP.

“It’s been a long, long battle,” Mr Ellis said.

Removing the legal defence was a recommendation of the Royal Commission into Institutional Responses to Child Sex Abuse.

NSW Attorney-General Mark Speakman said the changes to the law meant all survivors of child sex abuse had the same access to compensation through civil litigation — no matter the organisation responsible.

Note: This is an Abuse Tracker excerpt. Click the title to view the full text of the original article. If the original article is no longer available, see our News Archive.