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The ACT has become the first jurisdiction to pass legislation expanding the liability of churches, sporting groups and other organisations to include the actions of paedophiles. Such groups will be vicariously liable for the actions of those such as clergymen, volunteers and sporting coaches who are in positions akin to employment. The case arose after the High Court found the Catholic Church was not vicariously liable for the actions of a paedophile priest because his arrangements were only akin to employment. The court found that to be liable, the man would have had to be an employee. The High Court suggested the only way to address the situation was with new laws. And the ACT did just that, with other governments already contemplating their own versions. Targeted most vulnerable Canberra man Bill is locked in a legal battle over abuse he said he suffered at Marist College, an independent Canberra school. The ABC is not using the man's real name to protect his identity. Bill said he did not report the abuse for decades. Bill said he suffered corporal punishment at the school from year 4, but in year 7 things got worse as sexual abuse began. He said he was groomed by people who said they knew his parents and would help him. But instead, he said the perpetrators targeted those who were vulnerable. "If you are a bit behind or a bit behind with your education, if you couldn't spell or do maths very well," he said. At one stage, he said his school desk was put into the office of his abusers. Legal loophole closes Bill has welcomed the new law and said he hoped it would help to bring out others who had suffered. His lawyer, Hassan Ehsan, said the law would made his work much easier. Mr Ehsan said he had wanted the law to go further, but believed it would still be effective even after government amendments had wound it back. "It closes off a legal loophole that was created as a result of that [High Court] decision," Mr Ehsan said. "Hopefully, the other jurisdictions also do this because otherwise you have a two-tier system of victims." That is already being felt. New South Wales survivor Michael Franco, who suffered abuse from a teacher when he was a child, said the law would not benefit him, but he welcomed it. Victorian bill anticipated In Victoria, things are moving faster. The Attorney-General recently signalled a draft law would soon be public. Victorian advocate Judy Courtin said she was yet to see that draft, but would be comparing the two. "This ACT bill really does tick all the boxes, and if the Victorian law doesn't do the same, we will be causing a bit of trouble," Dr Courtin said. But, not everyone was pleased with the new law. The Scouts, Cricket ACT, the Marist Brothers and other Catholic groups made submissions to the Assembly urging caution, and complaining there had not been enough time for proper consultation. But, when the bill passed with unanimous support there was applause in the ACT Legislative Assembly. Now, it is over to the courts. Survivor still paying Bill said he was determined to pursue his case. "It's not the money, it's the acknowledgement where these people, perpetrators, should be jailed or incarcerated," Bill said. "They just can't get away with this type of thing, preying on innocent kids." He said the abuse had cost him dearly. And he never went to any school again, something he still paid for.
