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	Churches Support Abuse Law Changes By Michael McKenna The Australian January 19, 2009 http://www.theaustralian.news.com.au/story/0,25197,24929741-5006786,00.html 18.01.2009AUSTRALIA'S Catholic and Uniting churches yesterday publicly backed a push for the removal of a time limit that blocks child sex victims from suing for compensation over institutional abuse. Australia's Anglican leader, Brisbane Archbishop Phillip Aspinall, is leading the campaign, lobbying Queensland's Bligh Government to set a nationwide precedent and exempt child victims from the laws. Dr Aspinall last week went public with his campaign, saying the laws, requiring victims across Australia to launch legal action by the time they turned 21, were "harsh and unequitable". Hundreds of victims - including those openly acknowledged as being abused for years by some of the country's most notorious pedophiles - have been blocked by state and church lawyers from having their claims tested and compensated by the court by the "time-limit defence". The Uniting and Catholic churches yesterday endorsed the stance as Queensland's Opposition vowed to review the laws if voted into government at this year's state election. Opposition spokesman Mark McArdle said Premier Anna Bligh was "foolish" in rejecting Dr Aspinall's proposals, repeatedly put to the state Government over the past two years. "Based on a real desire to provide a justice system, and not just a legal system, we would move to review this area of the law," he said. "It is incumbent upon any government to ensure that there is a fair justice system in place." The Bligh Government has so far rejected the proposal to change the personal injury laws amid fear it may pave the way for a flood of compensation claims from victims. Australia's Uniting Church head, the Reverend Gregor Henderson, gave his qualified support for Dr Aspinall, saying his clergy would soon discuss the issue. "It's something we will have to look at and we are not adverse to supporting Dr Aspinall's position," he said. A spokesman for the Catholic archdiocese of Brisbane also endorsed Dr Aspinall's position. "The Archdiocese's stance is that everything possible should be done for the victims who seek redress," he said. Dr Aspinall has been privately criticised by some of his own clergy because the church has adopted the stance while fighting ongoing compensation claims by acknowledged victims using the same statute of limitations provisions it wants dropped. But in a statement, Dr Aspinall said insurance companies forced churches to use the time-limit defence. He said the proposed changes would guarantee a victim's right to go to court and allow the church to comply with insurance policies under law. Queensland law academic Ben Mathews, whose papers on the issue were used by Dr Aspinall in his submission to the Government, said the proposal would set a nationwide precedent and fix a legal system that was failing child-abuse victims. But Dr Mathews dismissed church claims that they had little choice in using the time-limit defence. "Powerful defendants like churches may argue that they are required to follow contractual obligations they owe to their insurers, which may include the requirement to use any available legal defence to a claim," he said. "However, there appears no reason why such a defendant cannot settle a deserving claim out of court, using its own resources, and not relying on the insurer."
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