Gillard urges states to act after ‘deeply concerning’ ruling that Catholic Church is not liable in abuse case

Former prime minister Julia Gillard has called on Australia’s attorneys-general to urgently consider how to deliver justice to survivors of child abuse after the High Court ruled that a Catholic diocese was not liable for the historical sexual abuse of a young boy in Victoria.

Gillard, who in 2012 established the Royal Commission into Institutional Responses to Child Sexual Abuse, said she was “deeply concerned” about the High Court ruling.

Julia Gillard in 2013, flanked by then-ministers Nicola Roxon (left) and Jenny Macklin, announcing the commissioners for the royal commission into child sexual abuse.Credit: Anthony Johnson

The royal commission – widely considered among the most important decisions of Gillard’s period as prime minister from 2010 to 2013 – lifted the lid on decades of child sexual abuse that had occurred in Australian institutions.

But the High Court sent shockwaves through advocates for survivors last week when it overturned on appeal a previous ruling by Victoria’s Supreme Court and its Court of Appeal that had found the Catholic Church’s Ballarat diocese was legally responsible for the misconduct of its former priest Father Bryan Coffey.

On Wednesday, the High Court found that the relevant legislation did not provide a basis for imposing vicarious liability on the church because the priest could not be legally considered an employee.

The diocese and its current bishop, Paul Bird, were sued in the Supreme Court of Victoria by a man who said he was sexually assaulted by Coffey at his parents’ home in Port Fairy in 1971. The man, known in court documents as DP, was five years old at the time of the abuse.

Coffey, who is now deceased, received a three-year suspended sentence in 1999 after being convicted of charges including false imprisonment and the indecent assaults of males and females under 16.

Last week legal experts warned that the landmark decision could cast doubt over thousands of legal cases against religious orders nationwide. Other common law jurisdictions, including Britain, Canada and Ireland, have developed the principle of vicarious liability to apply to religious orders.

Gillard, contacted by this masthead for comment, made it clear yesterday that she was taken aback by the High Court’s decision.

“I am deeply concerned about the implications of this High Court ruling, and I believe attorneys-general must urgently consider how best to ensure survivors can attain justice,” she said.

Kim Price, a partner with Arnold Thomas and Becker Lawyers – which represents about 1400 victims of historical sexual abuse – last week urged Victorian Attorney-General Jaclyn Symes to intervene.

“We respectfully ask your government to consider introducing legislation to remedy the High Court’s ruling to bring vicarious liability of religious organisations into line with that of other organisations who have historically been responsible for the care of children,” Price said in an email to Symes on Wednesday.

In 2018, the state government introduced legislation to dismantle the Ellis defence in Victoria.

The Ellis defence was established when the NSW Court of Appeal ruled in 2007 that the Catholic Church does not exist in a legal sense because its property assets are held inside a special trust structure that is immune to lawsuits.

A spokeswoman for the state government last week said it would consider the High Court findings and any action it might take.

“We were proud to pass legislation quashing the Ellis defence, sending a clear message to child abuse survivors: we stand with you in your fight for justice and always will,” she said.

Bird last week thanked the High Court for its “careful consideration of these complex areas of law” and said the diocese was examining the judgment and its implications.

With Cameron Houston and AAP

If you or someone you know is impacted by sexual assault, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au.

Kids Helpline (24-hour service specifically for young people): 1800 55 1800