{"id":251470,"date":"2025-10-30T18:44:15","date_gmt":"2025-10-30T18:44:15","guid":{"rendered":"https:\/\/www.newsbeep.com\/au\/251470\/"},"modified":"2025-10-30T18:44:15","modified_gmt":"2025-10-30T18:44:15","slug":"new-act-law-expands-liability-of-institutions-for-the-crimes-of-paedophiles","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/au\/251470\/","title":{"rendered":"New ACT law expands liability of institutions for the crimes of paedophiles"},"content":{"rendered":"<p class=\"paragraph_paragraph__iYReA\">The ACT has become the first jurisdiction to pass legislation expanding the liability of churches, sporting groups and other organisations to include the actions of paedophiles.<\/p>\n<p>Sexual assault\u00a0support lines:<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Such groups will be vicariously liable for the actions of those such as clergymen, volunteers and sporting coaches who are in positions akin to employment.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The case arose after the <a class=\"Link_link__kR0xA Link_link__5eL5m ScreenReaderOnly_srLinkHint__OysWz Link_showVisited__C1Fea Link_showFocus__ALyv2\" href=\"https:\/\/www.abc.net.au\/news\/2024-11-13\/catholic-church-wins-vicariously-liable-case-high-court\/104592052\" data-component=\"Link\" data-uri=\"coremedia:\/\/article\/104592052\" rel=\"nofollow noopener\" target=\"_blank\">High Court found the Catholic Church was not vicariously liable for the actions of a paedophile priest<\/a> because his arrangements were only akin to employment.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The court found that to be liable, the man would have had to be an employee.<\/p>\n<p><img decoding=\"async\" alt=\"The outside of a large building.\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2025\/10\/64c41500944a7c8c2f23df6adc906785\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">Laws have been passed making groups such as churches more liable for child sexual abusers. (ABC News: Matt Roberts)<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The High Court suggested the only way to address the situation was with new laws.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">And the ACT did just that, with other governments already contemplating their own versions.<\/p>\n<p>Targeted most vulnerable<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Canberra man Bill is locked in a legal battle over abuse he said he suffered at Marist College, an independent Canberra school.\u00a0<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The ABC is not using the man&#8217;s real name to protect his identity.\u00a0<\/p>\n<p><img decoding=\"async\" alt=\"A black silhouette of an anonymous interviewee.\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2025\/10\/a6e9ec987f83533917ba70c428683525\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">A victim-survivor of institutional abuse has spoken anonymously about their experience. (ABC News: Stuart Carnegie)<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Bill said he did not report the abuse for decades.<\/p>\n<p>&#8220;[There are] old memories I&#8217;ve kept in the cupboard for so long,&#8221;  he said.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Bill said he suffered corporal punishment at the school from year 4, but in year 7 things got worse as sexual abuse began.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">He said he was groomed by people who said they knew his parents and would help him.\u00a0<\/p>\n<p class=\"paragraph_paragraph__iYReA\">But instead, he said the perpetrators targeted those who were vulnerable.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;If you are a bit behind or a bit behind with your education, if you couldn&#8217;t spell or do maths very well,&#8221; he said.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">At one stage, he said his school desk was put into the office of his abusers.<\/p>\n<p>Legal loophole closes<img decoding=\"async\" alt=\"A lawyer in a suit talking to media.\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2025\/10\/99ba793629b2630e590ef74644f7a71b\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">Hassan Ehsan says the new law will make it easier for victim-survivors to pursue legal action. (ABC News: Stuart Carnegie)<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Bill has welcomed the new law and said he hoped it would help to bring out others who had suffered.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">His lawyer, Hassan Ehsan, said the law would made his work much easier.<\/p>\n<p>&#8220;About 60 or 70 per cent of my cases in the ACT will be impacted by this bill in a positive way,&#8221;  Mr Ehsan said.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Mr Ehsan said he had wanted the law to go further, but believed it would still be effective even after government amendments had wound it back.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;It closes off a legal loophole that was created as a result of that [High Court] decision,&#8221; Mr Ehsan said.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;Hopefully, the other jurisdictions also do this because otherwise you have a two-tier system of victims.&#8221;<\/p>\n<p class=\"paragraph_paragraph__iYReA\">That is already being felt.<\/p>\n<p><img decoding=\"async\" alt=\"Two men outdoors speaking to media, in suits.\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2025\/10\/ca6c907212d0f92c2250b3dae83e38bb\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">Michael Franco (left) and Peter Karp say victim-survivors in NSW have no such law. (ABC News: Stuart Carnegie)<\/p>\n<p class=\"paragraph_paragraph__iYReA\">New South Wales survivor Michael Franco, who suffered abuse from a teacher when he was a child, said the law would not benefit him, but he welcomed it.<\/p>\n<p>&#8220;It&#8217;s a small win, but \u2026 we need action in New South Wales as well,&#8221;  Mr Franco said.Victorian bill anticipated<\/p>\n<p class=\"paragraph_paragraph__iYReA\">In Victoria, things are moving faster.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The Attorney-General <a class=\"Link_link__kR0xA Link_link__5eL5m ScreenReaderOnly_srLinkHint__OysWz Link_showVisited__C1Fea Link_showFocus__ALyv2\" href=\"https:\/\/www.abc.net.au\/news\/2025-06-17\/churches-vicarious-responsiblity-abuse-priests-victoria\/105426370\" data-component=\"Link\" data-uri=\"coremedia:\/\/article\/105426370\" rel=\"nofollow noopener\" target=\"_blank\">recently signalled a draft law would soon be public.<\/a><\/p>\n<p class=\"paragraph_paragraph__iYReA\">Victorian advocate Judy Courtin said she was yet to see that draft, but would be comparing the two.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;This ACT bill really does tick all the boxes, and if the Victorian law doesn&#8217;t do the same, we will be causing a bit of trouble,&#8221; Dr Courtin said.<\/p>\n<p><img decoding=\"async\" alt=\"A lawyer in glasses outdoors talking to media.\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2025\/10\/5456b66abfa4452fd3be8744d7b7a6f4\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">Judy Courtin says she is eager to see Victoria&#8217;s proposed legislation. (ABC News: Stuart Carnegie)<\/p>\n<p class=\"paragraph_paragraph__iYReA\">But, not everyone was pleased with the new law.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The Scouts, Cricket ACT, the Marist Brothers and other Catholic groups made submissions to the Assembly urging caution, and complaining there had not been enough time for proper consultation.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">But, when the bill passed with unanimous support there was applause in the ACT Legislative Assembly.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Now, it is over to the courts.<\/p>\n<p>Survivor still paying<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Bill said he was determined to pursue his case.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;It&#8217;s not the money, it&#8217;s the acknowledgement where these people, perpetrators, should be jailed or incarcerated,&#8221; Bill said.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;They just can&#8217;t get away with this type of thing, preying on innocent kids.&#8221;<\/p>\n<p class=\"paragraph_paragraph__iYReA\">He said the abuse had cost him dearly.<\/p>\n<p>&#8220;I just woke up one morning and said to my mother I&#8217;m not going back to that school,&#8221;  Bill said.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">And he never went to any school again, something he still paid for.<\/p>\n","protected":false},"excerpt":{"rendered":"The ACT has become the first jurisdiction to pass legislation expanding the liability of churches, sporting groups and&hellip;\n","protected":false},"author":2,"featured_media":251471,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[39851,147032,64,63,13884,2667,10355,22681,181,149061,149062,44,149063,149060,149064,149059,107968,18570],"class_list":["post-251470","post","type-post","status-publish","format-standard","has-post-thumbnail","category-australia","tag-act-government","tag-act-legislative-assembly","tag-au","tag-australia","tag-bill","tag-canberra","tag-child-sexual-abuse","tag-church","tag-employment","tag-institutions-liable","tag-national-first","tag-news","tag-nuns","tag-paedophile","tag-priests","tag-vicarious-liability","tag-victims-of-crime","tag-volunteers"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/251470","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/comments?post=251470"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/251470\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media\/251471"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media?parent=251470"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/categories?post=251470"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/tags?post=251470"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}