{"id":10008,"date":"2022-01-27T10:17:48","date_gmt":"2022-01-26T23:17:48","guid":{"rendered":"https:\/\/kelsolawyers.com\/au\/?p=10008"},"modified":"2026-04-16T15:42:02","modified_gmt":"2026-04-16T05:42:02","slug":"catholic-diocese-ballarat-liable-for-sexual-abuse","status":"publish","type":"post","link":"https:\/\/kelsolawyers.com\/au\/catholic-diocese-ballarat-liable-for-sexual-abuse\/","title":{"rendered":"Catholic Diocese of Ballarat found vicariously liable for child sexual abuse"},"content":{"rendered":"

In December 2021, the <\/span>Catholic Church<\/span><\/a> tried to argue that it was not responsible for a priest who abused a five-year-old<\/span><\/a> because it took place after hours during \u201csocial visits\u201d. The Victorian Supreme Court said this was \u201can affront to common sense\u201d and found that the Diocese of Ballarat was vicariously liable.\u00a0<\/span><\/p>\n

The unnamed child was abused by the priest in Port Fairy in the 1970s. The boy was <\/span>abused in his own home on two separate occasions<\/span><\/a> while the priest was providing pastoral care.\u00a0<\/span><\/p>\n

The church argued that the priest was not a formal employee at the time and so the church could not be held liable for his actions. They claimed the priest’s<\/span>\u00a0home visits were \u201csocial outings\u201d<\/span><\/a> and not connected to his work for the church.\u00a0<\/span><\/p>\n

Justice Jack Forrest said the claim was \u201csheer nonsense\u201d.\u00a0<\/span><\/p>\n

\u201cIt is, in my view, both inconceivable and an affront to common sense to suggest (as the Diocese put it) that these visits to parishioners\u2019 houses and the survivor\u2019s home were unconnected with his pastoral role within the Church and merely social outings separate to his role as an assistant priest,\u201d he said.<\/span><\/i><\/p><\/blockquote>\n

Justice Forrest found that the Diocese of Ballarat was still liable for the abuse due to the close relationship between the bishop, the diocese and the Catholic community in Port Fairy. He also cited the diocese\u2019s control over the priest\u2019s role and duties and the relationship between the priest, the survivor and the survivor\u2019s family.<\/span><\/p>\n

\u201cI am also satisfied that his role as a priest under the direction of the Diocese placed him in a position of power and intimacy vis-\u00e0-vis the survivor that enabled him to take advantage of him when alone \u2014 just as he did with other boys,\u201d he said.<\/span><\/i><\/p><\/blockquote>\n

The survivor said <\/span>the church\u2019s approach to the case was \u201cruthless\u201d<\/span><\/a> and caused him significant distress. He was cross-examined for three days and forced to relive painful memories including the sudden death of both his parents in a car crash in 1985. This was irrelevant to the case at hand.\u00a0<\/span><\/p>\n

\u201cThey weren\u2019t giving anything away,\u201d he said. \u201cThey wanted to drag me through it, and they dragged me through it.\u201d<\/span><\/i><\/p>\n

\u201cI was always brought up that a priest is a priest, 24 hours a day,\u201d he said. \u201cWe always had priests and nuns visit the house, and the nuns were never out of their habits when they came to the house. The priest was never out of his clerical tie when he visited the house.\u201d<\/span><\/i><\/p>\n

\u201cThey just tried to argue their way out of it.\u201d<\/span><\/i><\/p><\/blockquote>\n

The survivor was awarded $230,000 in a landmark ruling.\u00a0<\/span><\/p>\n

Get the justice you deserve with Kelso Lawyers. We want to hear your story. Call (02) 4907 4200 or <\/b>complete the online form<\/b><\/a> before you accept payment from the <\/b>National Redress Scheme.<\/b><\/a><\/h2>\n

Feature Image: Deakin University<\/span><\/a><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

In December 2021, the Catholic Church tried to argue that it was not responsible for a priest who abused a five-year-old because it took place after hours during \u201csocial visits\u201d. The Victorian Supreme Court said this was \u201can affront to common sense\u201d and found that the Diocese of Ballarat was vicariously liable.\u00a0 The unnamed child […]<\/p>\n","protected":false},"author":30,"featured_media":10009,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"footnotes":""},"categories":[8],"tags":[],"class_list":["post-10008","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nCatholic Diocese of Ballarat found vicariously liable for child sexual abuse - Kelso Lawyers<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/kelsolawyers.com\/au\/catholic-diocese-ballarat-liable-for-sexual-abuse\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Catholic Diocese of Ballarat found vicariously liable for child sexual abuse - Kelso Lawyers\" \/>\n<meta property=\"og:description\" content=\"In December 2021, the Catholic Church tried to argue that it was not responsible for a priest who abused a five-year-old because it took place after hours during \u201csocial visits\u201d. 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