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Proposed new South Australian legislation will prevent unincorporated organisations from relying on a legal technicality to avoid being sued for child abuse in a change that has been largely welcomed as an “important reform” by a compensation firm.
With the changes to the Civil Liability (Institutional Child Abuse Liability) Amendment Bill, the “Ellis defence” can no longer be used to protect against legal action. The “long overdue but welcome step” to closing the legal loophole will make it possible for survivors in South Australia to seek justice for any abuse suffered.
The Ellis defence was based on a 2007 NSW Court of Appeal decision involving John Ellis who was sexually abused by a priest in the 1970s. The defence protected the Catholic Church and other organisations because it is not a legal entity.
Mr Traini said it is unfortunate that South Australia is the last major state to implement the important reform, despite the royal commission recommending it almost six years ago. Other states have “moved much more quickly” to remove the longstanding barrier to compensation for victims.
Now, Mr Traini hopes the South Australian government will “move with urgency” to implement these new reforms across the state as soon as possible.
“The abuse many South Australians suffered within countless church-owned, affiliated and operated organisations is well documents, yet for decades survivors have been left with few options but to seek compensation from the diocese or congregation concerned, while wider churches have remained at arm’s length,” Mr Traini said.
“These new laws are an overdue step in helping child abuse survivors access justice and the compensation that they deserve, and we urge the South Australian government to implement these reforms as soon as possible.”
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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Naomi Neilson
