Landmark high court ruling finds Catholic church had duty to protect NSW child from paedophile priest
The High Court ruled that the Catholic Church had a duty of care to protect a child from a paedophile priest, marking a significant victory for survivors of clergy abuse.
In a landmark ruling, Australia's High Court has affirmed that the Catholic Church holds a legal duty of care to protect children from harm, specifically in cases of abuse by clergy. The case centered around a man identified as AA, who challenged the Catholic Church's Newcastle and Maitland diocese over abuse he endured at the hands of Father Ron Pickin in 1969, when he was only 13 years old. The abuse occurred in a presbytery after Pickin provided AA and another boy with alcohol and cigarettes, setting a predatory situation in motion that raised serious questions about the Church's oversight and responsibilities.
AA contended that the diocese was directly liable for his suffering, as it had a non-delegable duty of care, which implies that the responsibility cannot be transferred to someone else. Meanwhile, the Catholic Church defended itself by stating that it could not be held accountable for the actions of an individual priest unless it had evidence of being aware of potential risks associated with priests at that time. Initially, the Church was successful in its defense at the New South Wales Court of Appeal, which ruled in its favor, suggesting the lack of sufficient evidence regarding the Church's knowledge of the risks posed by the clergy.
However, the High Court's decision marks a pivotal moment for survivors of clergy abuse across Australia, establishing a clear precedent regarding the legal obligations of religious institutions towards the safety of children in their care. This ruling could lead to new lawsuits and increased accountability for the Church in cases of abuse, offering hope to many survivors seeking justice and acknowledgment of their suffering from centuries of abuse, highlighting broader issues of institutional responsibility and the protection of vulnerable individuals in society.