- New laws to give survivors of child abuse better access to compensation
- Reform to get around conduct by religious orders that avoid paying victims
- Regulations will first be used to ensure payment on behalf of Christian Brothers entities
The Cook Labor Government will draft regulations to ensure victims of historic abuse at the hands of Christian Brothers are better protected in compensation claims if the order argues it cannot afford to pay.
The regulations will apply to the Christian Brothers religious order which went to court in June over its debts.
The Cook Labor Government has been concerned the Christian Brothers gave away and sold substantial assets to the Trustees of Edmund Rice Education Australia (TEREA) which was named after the Christian Brothers' founder.
TEREA paid as little as $1 for valuable pieces of real estate and now holds $2.3 billion of assets.
The regulations would ensure there is a relevant successor to the Christian Brothers that may be held liable and pay compensation to victims of abuse in the event Christian Brothers ceases to exist.
Six entities of the order filed an application in the Supreme Court of New South Wales for a proposed court approved agreement to renegotiate the terms of its debts. The religious order has said it cannot afford to pay historic child abuse claims.
The State of Western Australia intervened in the proceedings as an 'interested party' to ensure it can properly scrutinise the proposed plan.
Regardless of what happens in the scheme of arrangement proceedings, the regulations will allow survivors to seek compensation from TEREA if the Christian Brothers cease to exist, to ensure justice is done.
The Christian Brothers were among the organisations scrutinised by the Royal Commission into Institutional Responses to Child Sexual Abuse.
It found leaders failed to prevent systematic physical, emotional and sexual abuse of children over several decades at four WA institutions.
As stated by Attorney General Dr Tony Buti:
"Vulnerable children who suffered terrible abuse at the hands of religious clergy deserve justice.
"Our government has been told Edmund Rice Education Australia is willing to help victims but we want to ensure that happens.
"We are not waiting for the court proceedings to conclude to take action to ensure survivors can obtain compensation for the harm they have suffered."
