The Catholic Church has won a High Court appeal against rulings it is vicariously liable for the actions of a priest who allegedly sexually abused a five-year-old in 1971, sparking calls for change.
The High Court has ruled that priests are not employees of the church, complicating their victims' pursuit of compensation.There are calls for law reform after a High Court ruling this week that the Catholic Church is not vicariously liable for the actions of a priest who allegedly sexually abused a five-year-old in 1971.
So four years ago a Victorian man went to court arguing the Catholic Church was vicariously liable for sexual abuse he suffered at the hands of Father Bryan Coffey at two family events in 1971, when he was only five. Most priests, it seems, are holders of religious office. They are neither an employee, nor a self-employed contractor, and as a court ruling from long ago established, it is a relationship that is pre-eminently of a spiritual character.This week the High Court found, despite appearances, with the church directing and controlling Father Coffey's activities in the parish, he was not an employee.Judy Courtin says the court has abandoned victims and survivors.
Dr Morrison said the issue largely affected Catholic clergy, with other major churches employing their clergy."For example, people who are volunteers working for organisations and who are not technically employed by them," Dr Morrison said.That includes organisations like the Scouts, sports coaches and other groups, which would not be subject to vicarious liability.
Father Brian Coffey Child Sexual Abuse Catholic Church Abuse By Priest Victim Survivors Liability Vicarious Liability Victoria Port Fairy Ballarat County Court Royal Commission Into Institutional Responses To Catholic Clergy
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