Slater and Gordon Lawyers have welcomed a decision handed down by the High Court yesterday in favour of victims of historic institutional child abuse.
The High Court decision overturned a NSW Court of Appeal ruling to find that the Catholic Church Diocese of Maitland-Newcastle, NSW, owed a duty to a child ("AA") who was sexually assaulted at age 13 by a priest in 1969.
The NSW Court of Appeal had applied case law to rule that there could be no non-delegable duty owed by the Diocese in respect of an intentional criminal act of one of its priests.
A majority ruling of the High Court found that the Diocese was liable for breach of a non-delegable duty of care it owed to AA in 1969.
Slater and Gordon's Head of Abuse Law, Stephanie Brown, welcomed the ruling, saying it was a great day for victim-survivors.
"We are pleased for what this decision means for victim-survivors of historic institutional child abuse" Ms Brown said. "What the High Court has done is to ensure that institutions who have children in their care, control or supervision aren't able to escape liability on a technical legal point. This decision also goes beyond victim-survivors of abuse within churches. It would apply to any institutional setting that holds a duty of care to children, such schools, foster care, and juvenile justice facilities."
Slater and Gordon Lawyers said while the decision would help victim-survivors, there was more to be done to ensure institutions cannot evade accountability.
"We applaud the High Court's decision but there is more work to be done. There are still loopholes that institutions are using to escape liability for abuse that survivors have suffered at the hands of people working for them. We call on all state governments to amend legislation to ensure that institutions are vicariously liable."
Slater and Gordon has long advocated for reforms following the Bird v DP case to extend vicarious liability beyond a strict employment relationship so that thousands of victim-survivors of abuse may have access to justice.
The ACT has passed reforms while Victoria and WA have introduced legislation which should be passed urgently.
