Posted on 05/29/2013 8:14:00 PM PDT by Alex Murphy
CARDINAL George Pell has warned Victoria not to pursue legislative change which would help sexual abuse victims sue for greater compensation, saying such a move would amount to discrimination against Catholics.
In a written submission to the Victorian inquiry examining responses to child sexual abuse, the nation's most senior Catholic cleric said legal changes proposed by victims' rights groups would be a significant departure from the law and “cause considerable injustice”.
Cardinal Pell said a number of submissions to the inquiry, which he testified before on Monday, had shown “misunderstanding of the facts and analysis” underpinning the NSW Court of Appeal decision which found the church did not exist as a legal entity capable of being sued.
“The Ellis decision stands for nothing more than the commonsense proposition that you cannot be liable for wrongdoing of others unless you authorised, or are directly or indirectly responsible for supervising, their conduct,” he said, referring to the ruling on 2004 legal action taken against the church by abused altar boy John Ellis.
“The body corporate which Mr Ellis sued was created in 1936 by statute and has operated on the same basis in Sydney since its creation.
“Its establishment was not an attempt to avoid liability.
“Unless the parliament intends to discriminate against the Catholic community and single it out for special treatment, proposals for legislative reform would effectively have to make all incorporated and unincorporated entities liable for the criminal conduct of their employees or members.
“This would be a significant departure for the law and cause considerable injustice by making innocent parties liable for wrongdoing for which they are not responsible.”
The inquiry has heard repeated calls from victims and their advocates for the church to increase its compensation levels or for legal barriers to lawsuits to be removed.
Cardinal Pell's submission has now been published on the inquiry's website after he made the request while giving his oral evidence.
In that testimony, Cardinal Pell admitted cover-ups of abuse committed by priests had occurred within the Australian Catholic Church and said he was “fully apologetic and absolutely sorry”.
But he rejected the push for increased compensation, saying the church would pay only what was required to meet “the law of the land”.
In his written submission, Cardinal Pell said he was open to any suggestions from the inquiry for improved procedures within the church.
“While improvements are always welcome, the procedures we have in place now are working and have been effective in raising awareness of and in responding to the crime of sexual abuse in the church, and in assisting us to prevent future abuse,” he said.
“When mistakes are made we acknowledge them, and we welcome suggestions for further improvements to our procedures.”
The inquiry is due to report by 30 September.
...."The Ellis decision stands for nothing more than the commonsense proposition that you cannot be liable for wrongdoing of others unless you authorised, or are directly or indirectly responsible for supervising, their conduct,” he said, referring to the ruling on 2004 legal action taken against the church by abused altar boy John Ellis...."Unless the parliament intends to discriminate against the Catholic community and single it out for special treatment, proposals for legislative reform would effectively have to make all incorporated and unincorporated entities liable for the criminal conduct of their employees or members"....
....In that testimony, Cardinal Pell admitted cover-ups of abuse committed by priests had occurred within the Australian Catholic Church and said he was “fully apologetic and absolutely sorry”. But he rejected the push for increased compensation, saying the church would pay only what was required to meet “the law of the land”.
In Victoria, at least, it seems like it is all about getting at the Catholic Church. There are still many strongholds of Catholicism in Victoria. Being a particularly left leaning state over the last few elections Labor is over reaching again in an attempt undermine the RCC.
Why Victoria feels the need to have it’s own inquiry when the Feds will hold theirs later in the year is obvious when you see the the Fed inquiry will focus on child abuse as a whole not particularly Catholics.
BTW a political hack I know mentioned to me awhile back that the Labor feds did want to hone in on the RCC but the roar from the Catholics within their ranks was so loud it threatened to split the party and give government over to the Libs.
Mel
That's my impression, from the media coverage. Quite blatant.
Melbourne in particular seems to have taken a big leap to the left over the last decade or so country Victoria seems to be another planet away from Melbourne! My son lives in Melbourne and it has a real pompous latte sipping, booze swilling vacuous culture that is good ground for socialist nihilism.
Mel
I didn't realize how on top of things Australia was during the Second World War. MacArthur credits Australia with giving more than they took from Allied materials, resources and manpower in defeating the Japanese in the Pacific.
How times have changed.
Although I was not around at the time I am well aware that Aussies at home did it very tough they gave all they could nigh on starving and just about all manufacturing and resources went to the war effort. Having said that the enemy really was at our doorstep!
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