The recent decision of AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle clarifies that institutions like churches with care, supervision, or control over vulnerable children and individuals can be directly liable for intentional wrongdoing by their delegates.
In this matter, the High Court of Australia found the church liable for harm suffered by AA, who was sexually assaulted as a child by a priest in 1969. The majority held that the church owed AA a duty of care, meaning it had a direct responsibility to ensure reasonable care was taken to protect children under its supervision. This includes protection from intentional criminal acts by its priests. The Court found that a non-delegable duty can be breached by intentional conduct, not just negligent acts of its delegates.
If you have an inquiry regarding injury and harm caused by an institution or its delegates or employees, sexual or otherwise, please contact …..