Appeals court win forces Church to disclose child sex abuse claims

A landmark Court of Appeal win for an alleged child sexual abuse survivor against the Anglican Church could benefit many Queensland victims.

The first complaint about Reverend M was lodged in 1999. Picture: File image

A landmark Court of Appeal win for an alleged child sexual abuse survivor against the Anglican Church could benefit many Queensland victims.

The legal victory for the man, who says he was abused at the St George’s Home for Children from 1963 to 1975, will require the Anglican Diocese of Rockhampton to disclose all complaints from former residents of the home.

The diocese had previously refused to hand over complaints about the alleged perpetrator, known as Reverend M, saying it hadn’t received any while he was the superintendent of the home.

The first complaint was lodged in 1999, more than 20 years after the reverend had retired.

But appeals court Justice Hugh Fraser ruled earlier this month that if complaints made decades later “revealed someone had complained during the time M was in charge, that could be argued to be a fact that would have put the diocese on notice as to M’s actions”.

The man, known as SDA, has accused the diocese of negligence because he says it failed to take steps reasonably necessary to protect him, and others, from a risk of sexual abuse when it knew, or should have known, of such risk.

Following the August 20 ruling, SDA said he cried with relief.

“I hope this decision will change people’s lives,” he said.

“We were children who deserved a better life, up against a big powerful organisation.

“I was just an innocent child, growing up without a mum or a dad around. I still have flashbacks and bad dreams about what happened.”

Maurice Blackburn special counsel Jed McNamara, acting for SDA, said the appeals court decision was good news for survivors of institutional abuse in Queensland.

“We know it can take decades for a survivor of child abuse to disclose what happened to them,” Mr McNamara said.

“Any complaints of prior sexual abuse by other residents of the institution are important, no matter when they are made, as they can reveal what conditions at the institution allowed the abuse to occur.

“This decision means that institutions like the Anglican Church will no longer be able to keep complaints of abuse secret, just because they were received after the alleged perpetrator left their job.”

The case between SDA and the Anglican Diocese of Rockhampton is ongoing.