The High Court has handed down a landmark and long-awaited ruling that has determined that churches can be held directly responsible and liable for child abuse that occurred under their care.
A historic decision was handed down by the High Court this week (11 February), delivering a landmark victory for survivors of clergy abuse by ruling that churches can be held directly responsible for abuse suffered by children in their care.
The High Court case centred on a survivor identified as AA, who was just 13 years old in 1969 when he was abused by an assistant priest in the Diocese of Maitland-Newcastle.
Decades later, AA and his legal team took the church to court, arguing that the diocese owed him a duty of care, including a non-delegable duty of care – a legal principle that cannot be delegated or transferred to others.
Before reaching the High Court, the Court of Appeal had rejected the claim, ruling that the diocese could not owe a non-delegable duty to AA because the abuse was an intentional criminal act committed by one of its priests.
However, the High Court today overturned that decision, ruling by majority in favour of AA.
In doing so, the High Court also overturned an earlier High Court precedent that had suggested a non-delegable duty could not apply in cases of deliberate wrongdoing.
National law firm Maurice Blackburn expressed its support for the High Court’s ruling, noting the profound and far-reaching impact it will have for survivors of clergy abuse across Australia.
After years of advocacy by abuse survivors, John Rule, principal lawyer at Maurice Blackburn, emphasised that the High Court’s ruling firmly enshrines in Australian law the principle that churches can be held accountable for abuse by clergy under their care.
“Abuse survivors have long argued that churches should be held responsible for the abuse perpetrated by members of the clergy under their watch. Today, that principle is finally enshrined in Australian law,” Rule said.
Describing the ruling as “significant”, Rule emphasised that it holds churches and other institutions accountable for abuse by those entrusted with children’s care and clarifies that they cannot shirk their responsibility for the safety of children in their care.
“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,” 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.”
Rule highlighted the profound impact this ruling will have on survivor claims across Australia, giving survivors the ability to pursue justice without the church evading responsibility.
“This High Court ruling will have a significant impact on survivor claims across Australia. It will ensure abuse survivors can pursue their legal options through the courts without fear of the church saying it can’t be responsible for the crimes of its priests,” Rule said.
“We commend AA and his legal team for their determination and hard work in bringing this case that will help many survivors around Australia in their pursuit of justice.”
