Landmark high court ruling finds Catholic church had duty to protect NSW child from paedophile priest | New South Wales
The Supreme Court made a historic decision for survivors of clergy abuse, finding that the Catholic church had a duty to protect a child from a pedophile priest.
A man known only as AA has sued the Catholic church’s diocese of Newcastle and Maitland over abuse he suffered at the hands of Father Ron Pickin in 1969, when he was just 13 years old.
The abuse occurred at a vicarage after Pickin offered alcohol and cigarettes to AA and another boy.
AA argued that the diocese was responsible for the abuse of the diocese because it owed it an inalienable duty of care – in other words, a duty of care that could not be transferred to another organization or person – and that it had breached that duty by permitting the abuse.
The church said it had no such duty of care because there was no evidence priests at the time knew of the risks they posed. He also argued that priests cannot be held responsible for intentional criminal acts they commit.
The church was successful in the court of appeal, New South Wales’ highest court, but the AA appealed to the high court, which handed down its decision on Wednesday.
The high court ruled in AA’s favor, finding that the diocese owed it a duty of care and breached that duty by allowing the abuse.
“The duty that the Diocese owed to the AA in 1969 was a duty to ensure that reasonable care was taken to prevent reasonably foreseeable personal injury to the child while the child was in the care, custody or control of a priest in the Diocese, as a result of the priest allegedly performing his duties as a priest in the Diocese,” the court held.
Lawyers are watching the case carefully.
This represents a major shift in the church’s responsibility to address clergy abuse.
Plaintiff law firms said the ruling “finally enshrines” the principle that churches should be held accountable for abuses by clergy.
“The ruling on a nondelegable mandate is important because it means churches and other institutions will be held accountable for abuses committed by those they entrust with the care of children, even if criminal conduct has occurred,” said John Rule, lead attorney at Maurice Blackburn.
“Importantly, the decision also clarifies the church’s obligation to care for children, confirming that institutions that place children in their care cannot escape responsibility when it comes to their safety.”
Children, young adults, parents and teachers in Australia Child Helpline 1800 55 In 1800 or Bravehearts Call 1800 272 831 and adult survivors can contact Blue Knot Foundation From 1300 657 380. in the UK, NSPCC It offers support to children on 0800 1111 and adults caring for a child on 0808 800 5000. National Association of People Abused in Childhood (napak) offers support to adult survivors on 0808 801 0331. In the US, call or text: child allowance Abuse hotline at 800-422-4453. You can find other help resources at: Child Helplines International
