Victim Survivors Urge Attorney-General to Keep Catholic Church Accountable in Light of High Court Decision

Sexual Assault Services Victoria

Victim survivors of sexual assault have co-signed a letter calling upon Victorian Attorney-General Jaclyn Symes to take “urgent legislative action” in the wake of last week’s High Court decision (Bird v DP [a pseudonym] 2024) which, in Victoria, frees the Catholic Church from vicarious liability for the acts of its priests prior to 2018.

The High Court decision effectively frees the Catholic Church of liability for priests' acts due to a lack of a formal employment contract, as priests are appointed under Cannon Law. This finding impacts many cases of child sexual abuse in institutional settings where volunteers are engaged, such as churches, schools, scouts and sporting clubs, potentially freeing the institutions from vicarious liability.

Victim survivors and advocates have joined Sexual Assault Services Victoria (SASVic), In Good Faith Foundation (IGFF) and Care Leavers Australasia Network (CLAN) in a letter that encourages the Victorian Attorney-General to join South Australia and the Northern Territory in amending legislation to ensure that churches cannot avoid liability for sexual abuse committed prior to 2018.

Specifically, the letter asks for the Attorney-General to enact the retrospective operation of Part XIII of the Wrongs Act 1958 (Vic).

“The legislative change we need is relatively simple but it would reverse the grave injustice that was last week's decision,” says SASVic CEO Kathleen Maltzahn.

“We can’t let victim survivors be denied justice over a technicality,” says Clare Leaney, IGFF CEO. “Priests belong to the church regardless of how they are appointed.”

The letter also asks that the matter be raised at the next meeting of the Standing Council of Attorneys-General.

Sexual Assault Services Victoria (SASVic) is the peak body for specialist sexual assault and harmful sexual behaviour services in Victoria. We work to promote rights, recovery and respect for victim survivors and other people impacted by sexual violence
and harm. We seek to achieve this by working collectively to change the attitudes, systems and structures that enable sexual violence to occur. SASVic members bring over 30 years of feminist practice and specialist expertise to the task of reforming system responses to sexual violence and harmful sexual behaviour.

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