Outrage over a high court ruling that found the catholic church wasn’t vicariously liable for the actions of a paedophile priest has led to calls to change the law across the country. The critics say the decision this week has put Australia at odds with international practice, clearing the way for organisations to avoid liability.
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00:00It's been a five-year fight, but the man at the heart of the case has now discovered there's
00:07no legal remedy for his abuse by a priest at the age of five.
00:12The man's lawyers say the High Court ruling that vicarious liability only applies in an
00:18employment relationship has left no-one accountable.
00:22It's disheartening that other organisations, not just the Catholic Church, will now attempt
00:27to avoid liability in relation to abuse perpetrated by non-employees.
00:35Many churches do employ their clergy, but Catholic priests are not employees.
00:40Instead, they're holders of religious office.
00:43Their relationship to the church is primarily spiritual, meaning the church is not subject
00:48to vicarious liability under current laws.
00:52This is someone who is doing the work of the bishop and the diocese, and in those
00:58circumstances why shouldn't there be vicarious liability, and why should the church escape
01:06responsibility on a highly technical argument?
01:10Andrew Morrison says internationally, courts have recognised a broader approach to vicarious
01:16liability in relationships akin to employment.
01:20The very tough line that's taken just doesn't seem to accord with justice or reality.
01:28The High Court may have drawn its line in the sand, but lawyers are wasting no time
01:33in drawing up plans to lobby for changes across Australia so that vicarious liability can
01:40apply in arrangements akin to employment.
01:44That includes a plan by the lawyers who ran the High Court action for a law named after
01:49their client.
01:50We are working on a suite of proposals to this effect to be called DP's Law.
01:55The fight will now turn from the High Court to state and territory parliaments.