High Court Decision: Diocese Liable for Child Sexual Abuse
In a landmark decision, Australia’s High Court has ruled that the Roman Catholic Diocese of Maitland-Newcastle is legally responsible for the sexual abuse of a child by a priest, even though the priest himself committed the abuse.
The case involved a boy (referred to as “AA”) who was sexually assaulted multiple times in 1969 by Fr Ronald Pickin when AA was just 13 years old. Fr Pickin was a parish priest who taught scripture at AA’s school and invited boys to the presbytery on Friday nights, where the abuse occurred.
The High Court established that the Diocese owed what’s called a “non-delegable duty of care” to protect children in the care of its priests. This is a crucial principle because it means that the Diocese cannot escape responsibility by saying “the priest did it, not us.” Organizations have a direct responsibility to ensure children are safe, and they cannot simply hand over that responsibility to someone else—even their own employees.
The Court found that the Diocese:
- Placed Fr Pickin in a position of authority over children
- Created situations where he could build relationships with vulnerable children as part of his priestly role
- Knew children are particularly vulnerable to harm
- Had the power to supervise and control Fr Pickin’s conduct
- Should have foreseen the risk of abuse
This decision overturns previous Court rulings that had prevented survivors from holding organisations accountable when abuse involved intentional criminal acts. The High Court made clear that organisations cannot hide behind the excuse that a crime was “intentional” to avoid their duty to protect children.
If you are a survivor of historical sexual abuse by a priest or religious figure, or by a school teacher or other person charged with the responsibility to care for you, this decision strengthens your legal position. Organisations have a responsibility to protect you, and they may be held accountable even many decades later.
If you have experienced sexual abuse within a religious institution or education place, you don’t have to suffer in silence. Our experienced legal team lead by Sythany McKay has deep knowledge of these cases and understands the profound harm caused by abuse. We can help you understand your rights and explore your legal options.
Contact us today for a confidential consultation. We’re here to listen, support, and fight for the justice and compensation you deserve.