The high court has delivered a landmark win for survivors of clergy abuse, finding the Catholic church had a duty of care to protect a child from one of its paedophile priests.
A man known only as AA sued the Catholic church’s Newcastle and Maitland diocese over abuse he suffered at the hands of Father Ron Pickin in 1969, when he was aged just 13.
The abuse took place in a presbytery after Pickin had offered AA and another boy alcohol and cigarettes.
AA argued the diocese was liable for his abuse because it owed him a non-delegable duty of care – in other words, a duty of care which could not be shifted to another entity or person – and had breached that duty by allowing his abuse.
The church said it owed no such duty of care, because there was no evidence it knew of the risks posed by priests at that time. It also argued it could not be held liable for intentional criminal acts committed by its priests.
The church was successful at New South Wales’s highest court, the court of appeal, but AA appealed to the high court, which delivered its judgment on Wednesday.
The high court ruled in AA’s favour, finding that the diocese owed him a duty of care and breached it by allowing the abuse.
“The duty the Diocese owed to AA in 1969 was a duty to a child to ensure that while the child was under the care, supervision or control of a priest of the Diocese, as a result of the priest purportedly performing a function of a priest of the Diocese, reasonable care was taken to prevent reasonably foreseeable personal injury to the child,” the court ruled.
Lawyers have been keenly watching the case, run by Koffels Solicitors and Barristers.
It represents a major shift in the liability of the church for abuse by its clergy.
Ross Koffel, executive chairman of Koffels Solicitors and Barristers, described the high court’s ruling as “huge” and said it had vindicated their client.
Koffel said the ruling would open up an avenue for more survivors to successfully sue the church.
“It’s a huge case and it will make a huge difference,” he said.
Plaintiff law firms said the ruling had “finally enshrined” the principle that churches should be held responsible for abuse by members of their clergy.
“The ruling of a non-delegable duty is significant because it means churches and other institutions will be held liable for abuse perpetrated by those to whom it entrusts the care of children, even when criminal conduct has occurred,” the Maurice Blackburn principal lawyer John Rule said.
“Importantly, the decision also clarifies the church’s duty of care to children, which confirms that institutions that place children in their care cannot wash their hands of responsibility when it comes to their safety.”
In Australia, children, young adults, parents and teachers can contact the Kids Helpline on 1800 55 1800, or Bravehearts on 1800 272 831, and adult survivors can contact Blue Knot Foundation on 1300 657 380. In the UK, the NSPCC offers support to children on 0800 1111, and adults concerned about a child on 0808 800 5000. The National Association for People Abused in Childhood (Napac) offers support for adult survivors on 0808 801 0331. In the US, call or text the Childhelp abuse hotline on 800-422-4453. Other sources of help can be found at Child Helplines International
