[Greens-Media] MR Bill to repeal Ellis defence moved in NSW Parliament

[David Shoebridge]

Bill to repeal Ellis defence moved in NSW Parliament



Media Release

27 March 2014



The first legislative move anywhere in Australia to repeal the now notorious "Ellis defence" has been taken in the NSW Parliament with Greens NSW MP David Shoebridge giving a second reading of his Justice for Victims Bill.



The Bill would amend a long standing and grossly unfair statutory provision that allows the Church to harbour its assets in statutory property trusts that are protected from claims for compensation by victims of clergy abuse.



Greens MP and Justice Spokesperson David Shoebridge said:



"This is a significant step forward for victims of historic child sexual abuse in NSW.



"The Justice for Victims Bill has been drafted following more than 2 years of consultation with victims, survivors, legal and advocacy groups and represents a simple and fair path for law reform



"In a week where the Royal Commission has heard damning evidence of the Church's abuse of the Ellis defence to defeat legitimate claims for compensation, it is clear action must be taken.



"The aim of the Bill is to force the Catholic Church to defend sexual abuse claims on their merits, and to prevent the Church from shielding its assets in statutory trusts that no victims can access.



"Cardinal Pell has recognised in his evidence this week that reform is required and that past use of the Ellis defence has left genuine victims of abuse isolated and defeated.



"After fighting this reform for years this is a chance for the Church to genuinely redeem itself in the eyes of the community, by supporting this reform and providing long-awaited justice for the victims of its abuse.



"The Royal Commission's hearings have highlighted the urgent need for reform and for a level playing field to be established between the Church and its victims.



"This Bill goes some way to levelling the playing field between Church and victims and, with thousands of victims of historic abuse looking to their elected representatives for help, its passage should not be delayed", Mr Shoebridge said.



Media contact: 9230 3030








The Bill Explained



The law as it presently stands sees the Catholic Church as an "unincorporated association" that can't be sued in its own name.



This means that when a victim of historic sexual abuse seeks to recover fair compensation for the loss and damaged caused to them by the abuse, they cannot sue the Church.



The law also says that the current church leadership (in Sydney Cardinal Pell) cannot be successfully sued for historical sexual abuse claims cannot be held responsible for the mistakes and failures of past leaders.



With the offending priest often deceased or penniless, the only remaining viable option has been for victims to sue the only part of the church that the law recognises, namely the statutory trusts in each diocese that hold the Church's very substantial financial reserves.



However the 2007 Court decision of Ellis held that these property trusts are only liable for claims relating to management of church property and are not responsible for the misdeeds and crimes of members of the clergy.



In other words if a child was injured by falling rafters in a church hall then the trusts would be responsible, but if they were abused by a priest in the same hall, then the trusts would not be responsible at law.



The Justice for Victims Bill cuts away this technical legal structure and provides that where a person has suffered sexual abuse at the hands of a member of the clergy or any other church official in circumstances where there was a breach of duty of care, then the victims may sued the trusts directly and the trusts will be jointly and severally liable for the damage.



In short it forces the trusts to stand in the place of the church and defend these sexual abuse claims on their merits and not hide behind obscure legal technicalities to defeat valid claims.





Kym Chapple

Policy, Media and Legislation Advisor

Office of Greens MP David Shoebridge

P: (02) 9230 3030|M: 0433 680 244|T: @kymtje<http://twitter.com/#!/thebigriboldi>

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