In a landmark victory for survivors of clerical abuse, the High Court found that the Catholic Church had a duty to protect children from one of its pedophile priests.
The man, known only as AA, sued the Catholic Church’s Diocese of Newcastle and Maitland in 1969 over the abuse he suffered when he was 13 at the hands of Father Ron Pickin.
The abuse took place at a presbytery after Pickin offered alcohol and cigarettes to AA and another boy.
AA argued that it was responsible for his abuse because it owed him a non-delegable duty of care – in other words, an irrevocable duty of care to another entity or person – and breached that duty by allowing his abuse.
The Church said it had no such duty of care, as it had no known evidence of damages caused by priests at the time. It also argued that its priests could not be held responsible for intentional criminal acts.
The church won in New South Wales’ highest court, the Court of Appeal, but the AA appealed to the High Court, which handed down its ruling on Wednesday.
The High Court ruled in favor of AA, finding that the Diocese owed him a duty of care and had breached it by allowing the abuse.
“The duty owed to the Diocese AA in 1969 is the duty of a child to ensure that, while the child is under the care, supervision or control of a priest of the diocese, the priest took reasonable care to prevent the child from suffering a reasonably foreseeable personal injury as a result of the priest’s willful performance of the duties of a priest of the diocese,” the court ruled.
The case, which is being handled by Kofels Solicitors and Barristers, is being keenly watched by lawyers.
This represents a major shift in the Church’s responsibility for abuse by its clergy.
The plaintiffs’ law firms said they “finally entrenched” the principle that churches should be held liable for abuse by members of their clergy.
“The ruling of non-delegable duty is important because churches and other institutions are liable for abuse by those entrusted with the care of children, even when criminal conduct has occurred,” said John Rule, lead attorney for Maurice Blackburn.
“Importantly, the decision also clarifies the duty of the Church in the care of children, which ensures that institutions that place children in their care cannot abdicate their responsibility when it comes to their safety.”
In Australia, children, young people, parents and teachers can consult Kids Helpline 1800 55 In 1800, or Bravehearts On 1800 272 831, survivors can contact Blue Knot Foundation on 1300 657 380. In the UK, the NSPCC Provides support for children on 0800 1111 and adults concerned about children on 0808 800 5000. National Association for Persons Abused in Childhood (Napak) offers support for adult survivors on 0808 801 0331. In the US, call or text Children’s Aid abuse hotline at 800-422-4453. Other sources of help can be found here Child Helplines International
