Victims of clergy abuse are demanding urgent law reform to help the seek justice, after a high court found that the catholic church is not liable for the behaviour of abusive priests. State government are under mounting pressure – including from their own MP's – to close a loophole and give more power to abuse survivors to pursue institutions. Advocates say the high court ruling has re-traumatised victims and are urging the Victorian government to lead the way.
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00:00Sisters Bernie and Trish were both victims of the same pedophile priest in rural Victoria
00:07in the 1970s. So were many others.
00:10You don't sleep afterwards like a normal human sleeps. You're not ever carefree again.
00:18It wasn't until later in life the pair discovered they were both victims, along with two other
00:22siblings, of Father Brian Coffey. He was never charged over their abuse, but the Catholic
00:27Church did apologise. Now the sisters are pursuing it in court to hold the church liable.
00:33We wanted to have an impact like they impacted us. We wanted something to happen to them like
00:43they did to us. They changed our lives.
00:47But a High Court decision last year has thrown their legal case and dozens of others into
00:51doubt. In November the court found that the church couldn't be held vicariously liable
00:56for Coffey's actions because he wasn't an employee.
00:59Of course he was paid. They know he was paid. They know he was their employee. This is people
01:05pushing words around on a piece of paper as if we don't even exist anymore. And, you know,
01:12like we've been, we've felt insignificant for most of our lives. It's really, really shit
01:17to do it when they acknowledge that he did this to us.
01:21The High Court's decision has triggered urgent calls for law reform, with states under pressure
01:26to retrospectively legislate for vicarious liability.
01:30Victoria's Parliament will debate a private member's bill today from the Legalised Cannabis
01:34Party. There's similar legislation before the New South Wales Parliament.
01:37This is about victims and survivors having opportunity to tell their story, to have their day in court,
01:45and an opportunity to heal. Victorian courts initially found the church liable for Coffey's behaviour,
01:51but Ballarat Bishop Paul Byrd challenged it in the High Court and won. He said it would be unfair that
01:57the church could be held vicariously liable for any actions that a priest did anywhere, anytime.
02:02This is essential, that we have legislative reforms.
02:07Lawyer Judy Corton has fought for victims for years. She said reforms should recognise work arrangements
02:12that are akin to that of an employee. Without that, actions brought by hundreds of victim survivors are in doubt.
02:18It basically is a whole new round of quite severe trauma for them. Some are suicidal.
02:24The Victorian Government says it's looking at options for reform, but prefers a national approach
02:29because it's such a complex situation. It also says it stands with victim survivors.
02:34But it's under pressure from MPs, including from within its own ranks, to make this change happen.
02:39For those most affected, time is of the essence.
02:43There's no white smoke going up for us. There's black smoke going up chimneys for all these victims.
02:49There's no cooperation. You just don't feel cared for.
02:55It's just not nice having to tell people. Like, I don't want my grandkids to think this is who I am. No.
03:07Two sisters who aren't defined by the past, but want to change the future.
03:12There's people who are the best.
03:22Let's just keep getting caught.