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Counsel Assisting replied that the term should take its ordinary English meaning as the Royal Commission is not the forum for determining legal responsibility. He submitted that most members of the public would readily accept that the Diocese ‘had responsibility’ for the Home’s children because:
the Home was on land owned by the Diocese
the local Rector led the Home’s governing body and most committee members had to be from the Church
the Church’s clerics ministered there and had free access to the Home.
Counsel Assisting added that whether the responsibility was purely moral or something more need not be determined to make the finding.
Royal Commission into Institutional Child Sexual Abuse, Case Study 3: Anglican Diocese of Grafton’s response to child sexual abuse at the North Coast Children’s Home at p 17
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Cardinal Pell agreed that the Church has a moral responsibility for child sexual abuse that occurs within the Church. Cardinal Pell accepted that this moral responsibility arises from the following factors:
The Church’s structure ‘creates the opportunity’ for abuse by priests because of those priests’ physical proximity to children and the influence of their authority over children, both as teachers or priests and as men of God
…..
Royal Commission into Institutional Child Sexual Abuse, Case Study 8: Mr John Ellis’s experience of the Towards Healing process and civil litigation at p 116
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…Cardinal Pell said that the Church’s ‘moral responsibility’ would require any such independent body to provide:
compensation for income lost as a result of the abuse
compensation for the victim’s hurt and suffering
funds to meet the victim’s medical needs resulting from the abuse, including counselling costs and psychiatric care.
…In relation to the conduct of litigation, Cardinal Pell gave evidence that the Archdiocese’s current policy is to be ‘quite explicit that we will defend the trustees on those situations where they had no responsibility’.
Royal Commission into Institutional Child Sexual Abuse, Case Study 8: Mr John Ellis’s experience of the Towards Healing process and civil litigation at p 117
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National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth)
Section 15
… whether an institution is primarily responsible or equally responsible for the abuser having contact with the person, the following circumstances are relevant:
whether the institution was responsible for the day-to-day care or custody of the person when the abuse occurred;
whether the institution was the legal guardian of the person when the abuse occurred;
whether the institution was responsible for placing the person into the institution in which the abuse occurred;
whether the abuser was an official of the institution when the abuse occurred;
whether the abuse occurred:
on the premises of the institution; or
where activities of the institution took place; or
in connection with the activities of the institution;
any other circumstances that are prescribed by the rules
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