George Pell Warns against Moves He Says Would Amount to Discrimination against Catholics

By Pia Akerman
The Australian
May 29, 2013

www.theaustralian.com.au/news/nation/george-pell-warns-against-moves-he-says-would-amount-to-discrimination-against-catholics/story-e6frg6nf-1226652911410

[written submission]

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CARDINAL George Pell has warned Victoria not to pursue legislative change which would help sexual abuse victims sue for greater compensation, saying such a move would amount to discrimination against Catholics.

In a written submission to the Victorian inquiry examining responses to child sexual abuse, the nation's most senior Catholic cleric said legal changes proposed by victims' rights groups would be a significant departure from the law and “cause considerable injustice”.

Cardinal Pell said a number of submissions to the inquiry, which he testified before on Monday, had shown “misunderstanding of the facts and analysis” underpinning the NSW Court of Appeal decision which found the church did not exist as a legal entity capable of being sued.

“The Ellis decision stands for nothing more than the commonsense proposition that you cannot be liable for wrongdoing of others unless you authorised, or are directly or indirectly responsible for supervising, their conduct,” he said, referring to the ruling on 2004 legal action taken against the church by abused altar boy John Ellis.

“The body corporate which Mr Ellis sued was created in 1936 by statute and has operated on the same basis in Sydney since its creation.

“Its establishment was not an attempt to avoid liability.

“Unless the parliament intends to discriminate against the Catholic community and single it out for special treatment, proposals for legislative reform would effectively have to make all incorporated and unincorporated entities liable for the criminal conduct of their employees or members.

“This would be a significant departure for the law and cause considerable injustice by making innocent parties liable for wrongdoing for which they are not responsible.”

The inquiry has heard repeated calls from victims and their advocates for the church to increase its compensation levels or for legal barriers to lawsuits to be removed.

Cardinal Pell's submission has now been published on the inquiry's website after he made the request while giving his oral evidence.

In that testimony, Cardinal Pell admitted cover-ups of abuse committed by priests had occurred within the Australian Catholic Church and said he was “fully apologetic and absolutely sorry”.

But he rejected the push for increased compensation, saying the church would pay only what was required to meet “the law of the land”.

In his written submission, Cardinal Pell said he was open to any suggestions from the inquiry for improved procedures within the church.

“While improvements are always welcome, the procedures we have in place now are working and have been effective in raising awareness of and in responding to the crime of sexual abuse in the church, and in assisting us to prevent future abuse,” he said.

“When mistakes are made we acknowledge them, and we welcome suggestions for further improvements to our procedures.”

The inquiry is due to report by 30 September.