Page 3955 - Week 10 - Thursday, 20 September 2018
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This bill ensures that an organisation cannot duck taking responsibility for the harm that has been done by their institutions. Whether or not the individuals responsible are still alive, it is important for a survivor to have comfort in knowing that the responsible entity should be readily identifiable, and to have comfort in knowing that they can apply for redress. This is a significant step in providing an avenue for survivors to not only seek out an apology and psychological assistance, but also to apply for compensation.
I commend the Attorney-General for his resolve in ensuring that the ACT is supporting the national redress scheme by ensuring that identified potential or real legal loopholes are closed, and that the path for survivors is laid clear. I also take this opportunity to commend the attorney’s resolve on this issue in general. I support this bill.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (4.18), in reply: I thank Mr Hanson and Ms Le Couteur for their contributions to this debate, and for the fact that we are continuing the tripartisan approach to addressing such important matters.
The ACT government continues to acknowledge the nature and impact of the abuse suffered by victims of child sexual abuse. Many survivors of child sexual abuse suffer from long-lasting and severe injuries that can affect them for the rest of their lives. This bill is a reflection of the ACT government’s commitment to access to justice for survivors who were sexually abused as children.
This Civil Law (Wrongs) (Child Abuse Claims Against Unincorporated Bodies) Amendment Bill 2018 does, as Mr Hanson has noted, respond to the Royal Commission into Institutional Responses to Child Sexual Abuse recommendation 94 in the royal commission’s Redress and civil litigation report.
The bill is aimed at ensuring that plaintiffs are not unreasonably deprived of the opportunity for full consideration of the merits of their claim. As Mr Hanson has noted, the situation is that this bill looks to remedy the case that is known as the Ellis case or the Ellis defence.
Broadly, in that case the Catholic Church could not be sued as it is an unincorporated body. The plaintiff was not able to establish that the Sydney archdiocese’s trust fund had legal responsibility for the actions of the perpetrator of the abuse. It was also claimed that the trust fund was for limited purposes that did not include meeting damages awards or assets. That meant Mr Ellis was deprived of the proper opportunity to sue the archdiocese of Sydney in relation to sexual abuse by a priest.
I have had the opportunity to meet with Mr Ellis in a previous occupation of mine, and I commend his work, and the words that have been quoted today in this chamber by Mr Hanson. This bill will ensure that corporations will no longer be able to rely on a legal loophole to avoid being sued by survivors of child sexual abuse. Western Australia and Victoria have already moved to close this loophole.
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