Child sexual abuse
Paul EDBROOKE (Frankston) (10:04): I want to put on record my appreciation of Dr Judy Corton, Chrissie Foster and the Victorian Attorney-General, who met with me in my office last week regarding the recent High Court decision in the case of Bishop Paul Bird versus DP. This recent High Court ruling, which declined to recognise that vicarious liability extends beyond a strict employment relationship, is a profound blow to the ability of victims of child sex crimes by clergy and others to recover compensation. The consequence of the court’s ruling is not only a profound injustice to victims but also stands in stark contrast to the well-developed principles of law and vicarious liability applied in almost all other common-law countries in the world, including the UK, Canada and New Zealand. This ruling means many Australian survivors will not achieve the justice they deserve. The consequences of this decision are dire, and victims all around the country are seriously impacted by this arcane and highly injurious decision. Many of them struggle as a result of their abuse just to stay alive.
Claims that were well advanced in the litigation process are now having to be delayed and put on hold, leaving these already traumatised and vulnerable people further traumatised. This ruling signals to survivors that their suffering can be disregarded and creates a legal shield for institutions to avoid responsibility, which is becoming something they seem to excel at. I urge everyone in this Parliament to prioritise this absolutely critical issue and take decisive action to correct this profoundly harmful injustice any way we can and represent the survivors in your communities.