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Interesting change in Laws about Churches....

Discussion in 'Miscellaneous Reports from Newspapers, Blogs, and ' started by Leland, Jan 1, 2019.

  1. Leland

    Leland Crusader

  2. ThetanExterior

    ThetanExterior Gold Meritorious Patron

    I didn't see anything in that article about Wales, which is a part of Great Britain. It seems to be about New South Wales which is a state of Australia.
     
    Leland likes this.
  3. JustSheila

    JustSheila Crusader

    Thanks, Leland! :thankyou:

    This is very good news! :happydance:

    The Guardian
    is a popular Australian newspaper. This is about New South Wales, Australia, which is one of Australia's six states and also the most populated one. Sydney is located in NSW, Australia. (Besides six states, Australia also has two territories.)

    Following is an excerpt from the article:

    "Victims of sexual abuse can finally sue the Catholic church in New South Wales after the state government abolished the infamous “Ellis defence”.
    In October the NSW parliament passed laws to allow survivors to seek justice and sue unincorporated organisations, including churches, following recommendations by the royal commission into institutional responses to child sexual abuse.


    The laws came into effect on 1 January and are retrospective, allowing past victims to seek justice.

    “I’m pleased my first item of business in 2019 is to condemn the ‘Ellis defence’ to the scrapheap and create a fairer civil litigation system for all child abuse survivors,” the NSW attorney general, Mark Speakman, said."

    “This means all survivors of institutional child abuse in NSW will now have the same access to compensation through civil litigation, no matter what kind of organisation is responsible.”

    ...The new laws stipulate a duty of care on organisations which exercise care, supervision or authority over children, to prevent abuse perpetrated by individuals associated with it. It reverses the onus of proof onto institutions, requiring they prove they took reasonable steps to prevent abuse.
    It also extends vicarious liability to cover abusers who are not employees but whose relationship with the organisation is “akin to employment”.
    Victoria passed laws to close the legal loophole in May. In June Western Australia became the final state to sign up to a national redress scheme."


    https://www.theguardian.com/austral...ue-churches-in-nsw-as-ellis-defence-abolished


    Way to go, Australia! WOO HOO! :woohoo: :congratulations:
     
    Leland likes this.
  4. Leland

    Leland Crusader

    I posted this as the Sea Org in not Incorporated either. I think it is considered a "Fraternal Organization" under legal terms.....

    But I am assuming this News means the SO could be sued in Australia now...
     
    JustSheila likes this.
  5. JustSheila

    JustSheila Crusader

    It leaves it very open to interpretation, for sure, and doesn't disqualify any group or individual from being sued. There are also some requirements for group responsibility. Very interesting. :yes:
     
    Leland likes this.