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102-450: The Royal Commission into Institutional Responses to Child Sexual Abuse estimated that some 60,000 survivors may be eligible. Survivors of institutional child sexual abuse can apply for redress by calling the NRS to request an application form be mailed to their nominated address or they can create a myGov account to complete the form on-line. The applicant is required to fill-in details of

204-548: A "great embarrassment to me and to a lot of good Catholic people". On 11 January 2013, Governor-General Quentin Bryce issued Commonwealth letters patent appointing six commissioners and the commission's terms of reference . The commissioners were directed "to inquire into institutional responses to allegations and incidents of child sexual abuse and related matters". Each state was also requested to issue letters patent, or their equivalent instruments of appointment, which allow

306-538: A boy had his arm dislocated during a beating by another Salvation Army officer. The Salvation Army banned the husband and wife whistleblowers from talking to other alleged victims of child abuse and dismissed them from their position as "house parents" at the Alkira home. When the whistleblowers complained to the Queensland Department of Children's Services, they were labelled troublemakers. The officer at

408-407: A consequence of the revelations, one Chabad institution's Committee of Management was to be replaced and to have its Board of Trustees disbanded. Witnesses noted that not only were victims of abuse not protected, but those who reported abuse to the rabbis were shunned as " moser s" who commit " mesirah ". The schools were accused of covering up multiple claims of sexual abuse at their institutions in

510-535: A defamation case against magazine company Bauer Media. The ABC reported that details of the NRS matrix were not made public until after the bill had passed both houses of Parliament. Bishop Condie said the Anglican Church tried unsuccessfully to get the Federal Government to make changes to the matrix. In The Sydney Morning Herald , survivor and barrister James Miller insisted for changes to

612-543: A number of regional centres across Australia. Because the Royal Commission felt it did not have the resources to investigate all of the thousands of allegations of abuse it was receiving, hearings were held with a focus on case studies of particular institutions. The Royal Commission's web site has an up-to-date list of case studies (49 as of 10 December 2016 ). In the Hunter region of New South Wales, it

714-466: A pedestrian. Here, the employer could still be liable for these damages because the detour was minor. An employer can also be liable for a legal principle called negligent hiring. This happens when in the process of hiring a new employee, the employer does not check criminal pasts, backgrounds, or references to ensure the applicant did not pose a potential danger if hired as an employee. An employer can also face liability and repercussions if they know that

816-527: A person to deliver documents to the commission at a specified place and time. A person served with a summons or a notice to produce documents must comply with that requirement, or face prosecution for an offence. The penalty for conviction upon such an offence is a fine of A$ 1,000 or six months imprisonment. A royal commission may authorise the Australian Federal Police to execute search warrants . The commissioners invited members of

918-425: A plaintiff and defendant who furnishes defective goods that caused loss or injury 11 . Product liability and its prevalence in the law has changed throughout history. In the 19th century, it worked to both the manufacturers' and other sellers' advantages. "Caveat emptor" ("let the buyer beware") reigned supreme in this area of the law. In this era, the seller had no liability unless they had made an express promise to

1020-408: A potential danger. It is important for employers to note whether someone working for them is an independent contractor or an employee. An employee is someone who is a paid worker for the employer. An independent contractor, on the other hand, contracts with a principal to produce a result and in the process, gets to determine how that result will be completed. The difference lies in how much control

1122-549: A rabbi rather than the police is not doing so out of religious reasons but trying to "hush it up, to cover it up, to prevent the victim from finding redress. There is no doubt at all: Mesirah ['informing'] has no application whatsoever to instances of child sexual abuse. To use mesirah in this way is an abomination." Gutnick also lamented that there was no formal training for rabbis on how to handle reported abuse. Manny Waks , an advocate for victims, said, "Today, Rabbi Moshe Gutnick restored my faith in ultra-Orthodox Judaism. For

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1224-401: A reasonable warning to the customer when the product has a foreseeable risk of harm, and/or the design lends itself to risk of harm. The magnitude and severity of the foreseeable harm are also assessed when looking at negligence. There is a form of liability that exists between employers and their employees. This is called vicarious liability . For it to apply, one party has responsibility for

1326-573: A royal commission. Journalist Joanne McCarthy's report on Pirona's death and clergy abuse in the Maitland–Newcastle diocese was the catalyst for the "Shine the Light" campaign that would ultimately lead to the royal commission. In November 2012, Peter Fox, a senior detective in the NSW Police , revealed that he was stood down from investigating child sexual abuse by Catholic clergy while he

1428-403: A third party to reasonably assume that the agent can act in a certain way and create contracts with the third party on behalf of the principal. To determine if an agent is liable for a contract, one must look at the type of principal. There are four types of principals. A disclosed principal is known to the third party, and the third party knows that the agent is acting for this principal. The agent

1530-463: A third party, and the third party commits an unlawful action. An employer may be held liable for the actions of an employee if it is unlawful (i.e. harassment or discrimination), or the employee's negligent actions while working causes damages to property or injury. Respondeat superior ("Let the superior answer") is a legal principle that dictates when an employer is responsible for the actions of an employee. Employers should worry about this rule when

1632-436: Is an exception to this rule, however, which allows a claimant to litigate against the owner(s) of a limited liability business, if the owner(s) have engaged in conduct that justifies the claimant's recovery from the owner(s): This exception is called " piercing the corporate veil ." Courts generally try not to utilize this exception unless there have been serious transgressions. Limited liability aids entrepreneurs, businesses, and

1734-704: Is discussed in more detail in the following section. Errors/omissions is another category where a lawsuit can result from a mistake on the part of the company such as in a contract or paperwork. Finally, the last major category relates to holding directors and officers personally liable for actions taken by the company, as seen in piercing the corporate veil. Overall, as businesses get larger and more successful, their chances of liability lawsuits increase, but small businesses are not completely immune to them. Entrepreneurs and business owners need to be aware of these types of liability exposures to ensure their businesses are protected. Product liability governs civil lawsuits between

1836-539: Is employment-related issues where the larger the work force, and the more turnover there is, the larger the likelihood of liability lawsuits such as wrongful termination claims. Another area is accidents and/or injuries on the premises. Next, vehicle-related liability if employees are allowed to drive company cars since this could lead to accidents while they use the company cars. Product-related liability (also called manufacturer's liability) details poor manufacturing of products that results in injuries and/or accidents, which

1938-405: Is not liable on authorized contracts made for a disclosed principal since all parties are aware of the contract and who is participating in the contract. An unidentified principal is seen when the third party knows the agent is acting for a principal but lacks knowledge on the principal's identity. The agent is typically liable for contracts made for an unidentified principal. An undisclosed principal

2040-437: Is seen when the third party does not know the principal's existence and identity and reasonably believes the agent is the other party in the contract. In this instance, the agent can be held liable for the contract. A nonexistent principal refers to when an agent knowingly acts for principal that does not exist, such as an unincorporated association. The agent is liable here if they knew the principal had no capacity to take part in

2142-439: Is the one who seeks to establish, or prove, liability. In commercial law , limited liability is a method of protection included in some business formations that shields its owners from certain types of liability and that amount a given owner will be liable for. A limited liability form separates the owner(s) from the business. The limited liability form essentially acts as a corporate veil that protects owners from liabilities of

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2244-479: The chief commissioner of Victoria Police , Ken Lay , in a submission to the parliamentary inquiry, recommended that some of the Roman Catholic Church's actions to hinder investigations (including dissuading victims from reporting to police, failing to engage with police and alerting suspects of allegations against them) be criminalised. By June 2012, there was community and academic pressure for

2346-482: The governor-general the creation of a royal commission. On 19 November 2012, federal attorney-general Nicola Roxon and the acting minister for families , Brendan O'Connor , released a consultation paper seeking input into the commission's scope of the terms of reference, how the Commonwealth and the states and territories would work together, the number of commissioners and suggested areas of expertise,

2448-476: The 'systems, policies and procedures' involving the school's response to the complaints since 1970, and the experiences of former students sexually abused by teaching staff. Four teachers from Knox had been convicted of sexual offences against Knox students. A former Knox teacher, a resident master at the schools boarding house in 1988, was summonsed to appear at the Commission, but failed to do so. A warrant

2550-531: The 1980s and 1990s, and of retaliating against whistleblowers and victims. Rabbi Moshe Gutnick was called to testify. He said, "I believe the cover-ups and bullying and intimidation that has gone on ... represents the antithesis of the teachings of Chabad and Judaism and orthodoxy." He acknowledged that the Orthodox Chabad community in Australia was guilty of covering up sex crimes committed in

2652-479: The Anglican Church, and politicians. Much of this criticism has focused on the assessment matrix used by the scheme to calculate compensation. Whereas the Royal Commission's recommended matrix was based on a 100 point system - 40 points for the abuse severity, 40 for impact, and 20 for institutional factors - to determine payments up to a maximum of $ 200 000, the Guardian reported that the maximum payout of $ 150,000

2754-560: The Australian Capital Territory and the Northern Territory having their own governments, they are officially administered under the Commonwealth of Australia, and the Commonwealth letters patent covered their jurisdiction. Gillard announced the setting up of the royal commission and the appointment of six commissioners with Peter McClellan as its head. The six commissioners were: The setting up of

2856-712: The Children Australia , Scouts Australia , The Smith Family , the St Vincent de Paul Society , Surf Life Saving Australia , the Church of Christ (Latter Day Saints) , the Salvation Army , the Uniting Church and YMCA Australia . In addition there were submissions from survivors groups (such as Ballarat survivors group) and representatives of victims and survivors. The Australian Government and

2958-847: The Commission for Children and Young People and Child Guardian (Queensland), the Commissioner for Children and Young People WA, the Commissioner for Victim's Rights SA, Legal Aid NSW, the Legal Services Commission of South Australia, the NSW Children's Guardian, the NSW Ombudsman, Queensland State Archives, the Secretariat of National Aboriginal and Islander Child Care (SNAICC), the Victorian Aboriginal Child Care Agency,

3060-488: The Commission hearing examined allegations into the Satyananda Yoga Ashram at Mangrove Mountain, New South Wales of child sexual abuse by the ashram's former spiritual leader Swami Akhandananda Saraswati in the 1970s and 1980s. It found that Akhandananda, who was director of the ashram, had sexually abused children in his care, eleven of whom served as witnesses to the Royal Commission. In 1989 Akhandananda

3162-613: The Inquiry found that abuse had occurred and made 42 recommendations relating to contemporary child protection practices, youth justice and redress of past abuse. In Victoria, in January 2011 the Protecting Victoria's Vulnerable Children Inquiry was launched to investigate Victoria's child protection system and make recommendations to strengthen and improve the protection and support of vulnerable young people. The inquiry

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3264-802: The Jehovah's Witnesses, the Anglican Church , Anglicare , Barnardos Australia, Bravehearts, Broken Rites , CREATE Foundation, the Law Council of Australia , the Lutheran Church , MacKillop Family Services, Mission Australia , the National Association for Prevention of Child Abuse and Neglect , SNAP Australia ( Survivors Network of those Abused by Priests ), the Roman Catholic Church in Australia , Save

3366-489: The NRS website. By late February, 2019, many institutions had still not joined the scheme. In response, the Department of Social Services released a list of 100 institutions that had not signed up. The Australian Catholic Bishops Conference (ACBC) formed a company called Australian Catholic Redress Limited (ACRL) in 2018. This was done on behalf of the 35 Archdioceses, Dioceses, Eparchies and Ordinariates that covers

3468-495: The National Redress Scheme. Those that had involvement with young people have generally joined the scheme. As of May, 2021, the government Commission lists these 8 institutions as declining to participate: Note: * indicates They have stated that they intend to participate at some time in the future. The NRS has attracted criticism from abuse survivors, survivor advocate groups, lawyers, representatives of

3570-737: The Victorian Commissioner for Children and Young People, and Victoria Legal Aid. Many individuals made submissions, including David Hill and John Menadue . Through the Australian Catholic Bishops Conference , the Catholic Church established a national co-ordinating body, called the Truth, Justice and Healing Council, to oversee the church's engagement with the royal commission and the pastoral and other ramifications that arose from

3672-500: The YMCA's childcare licence. The Chief Executive Officer of YMCA NSW testified before the commission about the impact of crimes that occurred on YMCA NSW premises. (The perpetrator)... was an insidious and deceitful individual, who was grooming not only children and parents but the YMCA itself. He gained the trust of the children, the parents and the fellow staff members to really get close to these children. (He would) go so far as to open

3774-628: The allegations relate to incidents alleged to have taken place during the 1950s, others later. There were calls for a Royal Commission since the late 1990s. Similar allegations against the Roman Catholic Church had been made in the United States , in Ireland , in Canada , in Belgium , and several other European countries. In Ireland, the government's Commission to Inquire into Child Abuse

3876-475: The appointment of a special commission of inquiry into allegations raised about police handling of abuse by clergy in the Roman Catholic Church in the Hunter region. The commission was headed by Margaret Cunneen . The Special Commission inquiry centred around internal church documents obtained by Newcastle Herald journalist Joanne McCarthy , that revealed a group of senior clergy allegedly attempting to conceal

3978-466: The assault, the assailant(s), and the institution(s). A further one-and-a-half-page space is allotted to “describe the impact of sexual abuse across your life” . The process does not involve face-to-face assessment meetings. If an application is eligible the amount of a redress payment is calculated by an Independent Decion Maker under an Assessment Framework that sets out the maximimum amounts for components of redress as follows: Kind of sexual abuse of

4080-523: The business's debts. This can include seizure of personal assets in the face of bankruptcy and liquidation. Professionals in limited liability partnerships and limited liability companies will have unlimited liability for their own torts and malpractices. The limited liability of the business will no longer apply for these wrongdoings. For business owners, there are main categories of liability exposure to be aware of in order to protect their businesses from liability and financial troubles and issues. The first

4182-470: The business. This means that when a business is found liable in a case, the owners are not themselves liable; rather, the business is. Thus, only the funds or property the owner(s) have invested into the business are subject to that liability. If, for example, a limited liability business goes bankrupt , then the owner(s) will not lose unrelated assets, such as a personal residence (assuming they do not give personal guarantees ). Forms of businesses that offer

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4284-552: The centre of the allegations had previously worked at the Bexley home from 1968; and then was the manager of the Alkira home between 1974 and 1976. The Salvation Army moved the alleged perpetrator to another Salvation Army service where he was promoted in rank. Following the allegations raised at the royal commission, the Salvation Army suspended the officer at the centre of the allegations. The officer concerned did not attended

4386-647: The childcare centre for a parent who had to start work early. (He) went above and beyond to help out parents. We've got staff who are struggling to comfort children that come to them distressed because it might be seen as grooming practices. So (his) impacts have been devastating. Case Studies 4, 8, and 31 inquired into the Catholic Church's Towards Healing program and the Church's responses. Hearing 8 also focused on Ellis' experience in civil litigation. The program received criticism from at least one abuse victim who claimed it delayed reporting her complaint. In January 2014

4488-1039: The commission began investigating allegations of sexual and physical abuse of children at four boys' homes run by the Salvation Army. The homes examined by the commission were the Bexley Boys Home in Sydney, the Gill Memorial Home at Goulburn in southern New South Wales, the Alkira Salvation Army Home for Boys at Indooroopilly in Brisbane and the Riverview Training Farm at Riverview in Queensland. The commission heard testimony from two Salvation Army whistleblowers about allegations of child abuse between 1973 and 1975. The officers testified that they witnessed

4590-407: The commission followed revelations of child abusers being moved from place to place instead of their abuse and crimes being reported. There were also revelations that adults failed to try to stop further acts of child abuse. The commission examined the history of abuse in educational institutions, religious groups, sporting organisations, state institutions and youth organisations. The final report of

4692-528: The commission heard evidence that there were systemic failures by management within YMCA NSW after a worker was hired to work at a YMCA child care centre located in Caringbah in southern Sydney without the appropriate background checks. The former worker, Jonathan Luke Lord, has since been convicted of offences relating to the abuse of twelve boys in his care, some as young as six. On 18 January 2013, Lord

4794-417: The commission was made public on 15 December 2017. During the late 1990s and early 2000s, allegations were made of child sexual abuse in the Catholic Church in Australia and in a number of other religious and non-religious institutions. Some of these allegations led to convictions, trials and ongoing investigations into acts committed by Catholic priests and members of Catholic religious orders . Some of

4896-526: The commission's hearings but the inquiry has been told he refutes the allegations of sexual abuse. The inquiry heard that officers were moved interstate if they were accused of child sexual abuse. One officer was dismissed from the Salvation Army in 2005 due to allegations of child sexual abuse. The whistleblowers testified that boys at the home were used for alleged sexual exploitation and were allegedly subject to physical abuse. "They were given drink and chocolates, well, they were used that day in Brisbane and

4998-424: The community, and pressuring victims and their families not to report the crimes to the police. Gutnick said that people reporting abuse were ostracized moser s ("informers"). He said "a culture of cover-up, often couched in religious terms, pervaded our thinking and our actions." He said that rabbis in these situations had misused their power, and that anyone who insists a child sexual abuse victim should go first to

5100-448: The contract even if the third party knows that the principal does not exist. An agent can also bind themselves to contracts by expressly agreeing to be liable. To avoid this, agents should make no express promises in their own name and should make sure the contract only obligates the principal. An agent may also be liable to a third party if they lack the authority to contract for a principal. The agent may escape liability in this scenario if

5202-431: The crimes of Father Denis McAlinden, a prolific paedophile. The inquiry found that Fox was not a credible witness, prone to exaggeration and his evidence must be "approached with caution". The report also found that senior Catholic Church officials, including former Bishop Leo Clarke, withheld information from police. On 12 November 2012, the prime minister , Julia Gillard, announced that she would be recommending to

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5304-484: The customer that was not received. The 19th century was also when the Industrial Revolution was beginning and changing the business world. In order to promote this rise in industrialization and manufacturing, the law avoided allowing damage recoveries that would weaken new industries. In the 20th and 21st centuries, there was no longer this need to protect manufacturers from liability. If anything, there

5406-425: The economy in growing and innovating. Therefore, if courts often chose to pierce the veil, that innovation would be restricted. The exact test a court will use to determine if the veil needs to pierced vary by state in the United States. For sole proprietorships and general partnerships, the liability is unlimited. Unlimited liability means that the owner(s) of the business have the full responsibility of assuming all

5508-459: The employee commits a tort or harmful act when the employee was acting within the course and scope of employment at the time of the incident. The term " scope of employment " is when an employee is doing work assigned by their employer or is completing a task that is subject to the employer's control. To test whether the conduct that led to the incident is within the scope of employment, one must determine: If these four factors are found to be true,

5610-405: The employer will have to answer for the tort. The reasoning behind this legal principle is because it is thought that the employer is best suited for bearing the financial burden, employers can protect themselves against this burden with insurance, and the cost can be passed to customers by raising prices. On the other hand, if the employee was found to have either detoured or frolicked then defining

5712-456: The establishment of a royal commission, most especially in Victoria . In July 2012, John Pirona, a victim of notorious priest Father John Denham, took his own life. Pirona left a note that said "Too Much Pain". The prime minister, Julia Gillard , visited Newcastle on 8 August 2012, the day of Pirona's funeral, where mourners backed The Newcastle Herald 's "Shine the Light" campaign for

5814-463: The existing version of the matrix, which he claimed ran contrary to the Royal Commission recommendation for assessment to be calculated according to severity and impact. The Catholic Church in Australia supported limiting maximum compensation to $ 150,000, which faced criticism from the legal profession. The Catholic Weekly responded, stating that although this is fair criticism towards the church, they would have followed through with $ 200,000 payouts if

5916-453: The extent of their liability can change based on the agreements their agents make. An agent is a person who has the power to act on behalf of another party (typically the principal). Usually, a principal is liable for a contract made by the agent if the agent had actual or apparent authority to make the contract. Actual authority is the ability an agent has to pursue and complete certain activities based on communication and manifestations from

6018-401: The facts", Cardinal George Pell stated that he hoped the royal commission would stop a "smear campaign" against the Catholic Church. During a press conference held on 13 November 2012, Cardinal Pell voiced his support for the royal commission and welcomed the opportunity to help victims and clear the air. Responding to Pell's press conference, Bishop Geoffrey Robinson described Pell as

6120-545: The first time ever the reform that is so critical seems much closer. Thank you Rabbi Gutnick. Hopefully the rest of the Orthodox Rabbinate will now follow suit. What an incredible day for justice." On 23 February 2015 the commission started hearings concerning the response of Knox Grammar School and the Uniting Church in Australia to complaints and criminal proceedings involving teachers who sexually abused students. The Commission's remit includes inquiring into

6222-418: The government did as well, but they believe the government did not due to concerns about funding availability. In response to critics saying that the church only joined the scheme because it reduces their legal liability and is believed to be financially cheaper than having the church being sued for damages in court, the article claims that the burden of proof is also higher for litigation in court compared to

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6324-758: The governments of the ACT, NSW, Queensland, South Australia, Tasmania, Victoria and Western Australia made submissions. The list of government agencies which made submissions is extensive and includes the ACT Children & Young People Commissioner, the Australian Children's Education & Care Quality Authority , the Australian Federal Police , the Australian Human Rights Commission , the Australian Senate ,

6426-426: The help of insurance and socializing the damages by raising prices and forcing the consumer to pay for it. If a manufacturer is found to be negligent , that means they breached their duty to the customer by not eliminating a reasonably foreseeable risk caused by the product. The manufacturer can be seen as negligent if there are problems in the manufacturing process, do not properly inspect their products, do not give

6528-404: The limited liability protection include limited liability partnerships , limited liability companies , and corporations . Sole proprietorships and partnerships do not include limited liability. This is the standard model for larger businesses, in which a shareholders will only lose the amount invested (in the form of stock value decreasing). For an explanation, see business entity . There

6630-407: The next day they were sent down to Sydney ... (Another officer) told me the boys were useless and bad, and it had to be drummed into them that rules are rules." Witnesses who testified included alleged victims of child abuse. A male witness told the royal commission that while at the Gill Memorial Home at Goulburn, aged 12 years, he was regularly sexually abused by a Salvation Army officer. "... (I

6732-445: The opportunity to tell their story to the Royal Commission via either public hearings or in private. The commissioners identified a number of themes and invited members of the public, organisations and institutions to make submissions on each of the following issues. As of September 2016 there were no issues papers open for submission. The number of public submissions is listed: Submissions were made by organisations including

6834-463: The perpetrator(s); the adequacy of the policies, procedures and practices within religious and other non-government organisations that related to the prevention of, and response to, child abuse; and suggestions for reform, to help prevent abuse and ensure that allegations of abuse are properly dealt with. During its proceedings it heard from a police report that detailed 40 suicide deaths directly related to abuse by Roman Catholic clergy. In October 2012,

6936-560: The person Recognition of sexual abuse Recognition of impact of sexual abuse Recognition of related non‑sexual abuse Recognition person was institutionally vulnerable Recognition of extreme circumstances of sexual abuse Where child sexual abuse is identified by the Scheme Operator as having occurred in an institution it is approached to participate in the Scheme. Applicants are able to search for participating institutions on

7038-498: The principal hired an incompetent agent, if harm resulted from nonemployee agent's failure to perform a duty of care that the principal bestowed on them (a duty of care is an action whose successful performance is so important that if it is delegated to an agent and not accomplished, the principal is still liable), and a principal is liable if the nonemployee agent did not take the correct precautions required to complete very dangerous activities. An employer should also be aware on how

7140-415: The principal. Express authority is when the principal clearly states what the agent has the authority to do while implied authority is based on what is reasonable to assume that the agent is allowed to do based on what the principal wants of the agent. Express and implied authority are both types of actual authority. The second type of authority is apparent authority. This occurs when a principal's actions lead

7242-405: The principal/employer can wield on the agent. Employees are subjected to more control while nonemployee agents, like independent contractors, have more freedom in how they do their job. A principal is not ordinarily liable for torts committed by nonemployee agents since the principal does not fully control the method of work done. However, there are exceptions to this. There can be direct liability if

7344-609: The profound effect the sexual abuse had on their lives. The first published case study of the royal commission dealt with the response of institutions to the conduct of Steven Larkins, who occupied positions of responsibility in Scouts Australia NSW and in the Hunter Aboriginal Children's Service. Larkins was prosecuted in 2012 for offences he had committed 15 years earlier, and was convicted and imprisoned. Between October 2013 and January 2014,

7446-435: The proposed timetable and reporting requirements. Archbishop Denis Hart , president of the Australian Catholic Bishops Conference , stated that he welcomed and promised co-operation with a Royal Commission to broadly investigate child sexual abuse in institutions across Australia. The Australian Bishops Conference said that "talk of a systemic problem of sexual abuse in the Catholic Church is ill-founded and inconsistent with

7548-522: The public to make submissions, either orally over the telephone, in writing, or via face-to-face meetings with a commission officer. To help people planning to give evidence, in July 2013 the attorney-general , Mark Dreyfus , announced provision of a free national legal service, independent of the royal commission, by the National Association of Community Legal Centres. Witnesses were offered

7650-670: The requirements of the NRS. Royal Commission into Institutional Responses to Child Sexual Abuse The Royal Commission into Institutional Responses to Child Sexual Abuse was a royal commission announced in November 2012 and established in 2013 by the Australian government pursuant to the Royal Commissions Act 1902 to inquire into and report upon responses by institutions to instances and allegations of child sexual abuse in Australia . The establishment of

7752-597: The royal commission was established by Julia Gillard, supported by the opposition leader, Tony Abbott , and by the Greens, as were the terms of reference and the choice of commissioners. The inaugural chief executive officer was Janette Dines, who served from January 2013 until June 2014. The powers of royal commissions in Australia are set out in the enabling legislation, the Royal Commissions Act 1902 (Cth). The Royal Commissions Amendment Act 2013

7854-495: The school. Paterson also stated that he had allowed several teachers accused of sexual abuse to resign and subsequently gave them positive references. Paterson denied that he had covered up the sexual abuse of students, arguing that he had responded to the allegations brought to his attention, and stated that "I should have known and I should have stopped the events that led to the abuse and its tragic consequences for these boys in my care and their families". Paterson stated that he

7956-445: The scope of employment becomes trickier. The rule of frolic and detour changes how the liability applies. A frolic is when the employee causes a tort when completing an activity that is unrelated to their job. If it is found that the employee had frolicked, the employee would then be liable for damages. For example, if a delivery driver does not complete his deliveries for a few hours so he can do some personal shopping, and on his way to

8058-575: The sexual abuse scandal. The council was chaired by the Honourable Barry O'Keefe until his 2014 death. He was succeeded by the Honourable Neville Owen , a former judge, barrister and solicitor. The commission detailed the number of abuse claims against 10 religious orders from 1950 to 2010; four orders had allegations of abuse against more than 20% of their members. Hearings were conducted in every capital city and

8160-410: The six commissioners to conduct an inquiry into institutional responses to child sexual abuse under their respective laws. The commissioners were formally appointed under Western Australian law on 22 January 2013, Queensland law on 24 January 2013, New South Wales law on 25 January 2013, Victorian law on 12 February 2013, Tasmanian law on 4 March 2013 and South Australian law on 7 March 2013. Despite both

8262-400: The store, he hits a pedestrian. A detour is more minor. The employee is still participating in a non-work related activity, but the activity is not a major disregard for work duties. An example of a detour would be if on the way to deliver a package, a delivery driver stops at a drive-thru to grab something to eat. When pulling away from the restaurant to continue with deliveries, the driver hits

8364-438: The teacher to the police child protection unit, but the relevant police inspector gave evidence that a report had not been made. Legal liability In law , liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts , torts , taxes , or fines given by government agencies . The claimant

8466-609: The vast proportion of Australian Catholics. The ACRL joined the National Redress Scheme in 2018. The ACBC also encouraged the various Institutes of Clerical Religious (Priests or Priests and Brothers) the Institutes of Religious Brothers, Institutes of Religious Women, Institutes of Consecrated Life, Societies of Apostolic Life, Associations of Christ’s Faithful, and the Ministerial Public Juridic Persons who are separate entities to ACRL to also join

8568-502: The way the assessment matrix is designed would limit payouts. Lawyer, Judy Courtin also described the matrix unfair and not an evidence-based policy . Courtin explained in a separate article that the matrix limits payouts for those who were not sexually penetrated to $ 50,000, even when in the presence of extenuating circumstances. By comparison, Rebel Wilson was awarded $ 650,000 by the Victorian supreme court for "hurt and distress" in

8670-432: The worker poses a potential danger but keeps them on the job. This is called negligent retention. To avoid claims regarding negligent hiring or retention, employers should be diligent when hiring employees who will have a lot of contact with customers and the public (especially if they will have access to vulnerable members of the public, go to customers' homes, and/or have access to weapons), and dismiss any employees who pose

8772-531: Was abused) ... at least four out of every seven days. Many times he would drag me out of bed at 3am for allegedly making a noise, ... He would punish me by taking me down to the bathrooms and making me scrub the toilets with a toothbrush. I was always there on my own. He would then sexually abuse me and send me back to bed at 5am. I would then have to get up at 6am to start my chores ... (He) flogged me when we got back for telling lies. He hit me with his open palm on my head, chest, arms and upper body." In December 2014,

8874-570: Was alleged that a former member of Scouts Australia, suspended from the organisation for abusing two Scouts in the 1990s, was employed as the chief executive officer of an Aboriginal child welfare agency two months prior to the formal introduction of working-with-children checks. In testimony before the commission in September 2013, it was revealed that the applicant's suitability for the role may have been assessed by relatively junior staff; and that he later falsified his working-with-children check. It

8976-574: Was alleged that the NSW Department of Community Services (DOCS) gave the man permission to have a 17-year-old boy, whom he was grooming for sex, live with him. A former CEO of Scouts Australia testified that during his three years in the job, he dealt with ten allegations of child sexual abuse. He admitted a number of children were sexually abused or harmed and said the Scouts failed them. The commission heard testimony from two victims who spoke of

9078-538: Was approved by Parliament to give the Child Abuse Royal Commission additional powers to fulfil its terms of reference. Notable changes were: Royal commissions, appointed pursuant to the Royal Commissions Act or otherwise, have powers to issue a summons to a person to appear before the commission at a hearing to give evidence or to produce documents specified in the summons; require witnesses to take an oath or give an affirmation; and require

9180-513: Was chaired by a former Supreme Court of Victoria Justice, the Hon. Philip Cummins , and reported in January 2012. The report considered the issue of the sexual and other abuse of children by personnel in religious organisations and recommended that a formal investigation should be conducted into the processes by which religious organisations respond to the criminal abuse of children by personnel in their organisation. A bi-partisan parliamentary inquiry

9282-502: Was compiling "explosive" evidence from a key witness and that "the church covers up, silences victims, hinders police investigations, alerts offenders, destroys evidence and moves priests to protect the good name of the church". Fox went public with his allegations in November 2012, when he spoke about the "evil of paedophilia within the Catholic Church". On 9 November 2012, the Premier of New South Wales , Barry O'Farrell , announced

9384-601: Was established in 2000 and presented its final report to the Dáil in 2009, covering allegations of child abuse from 1936 onwards. A 1996 parliamentary inquiry in Western Australia attempted to review the extent of abuse, including sexual abuse, of children in state care; however it realised that the scope of the task was too big. In South Australia there were allegations that the Government of South Australia

9486-462: Was established in May 2012 in that state to seek information about the causes and effects of criminal abuse within religious and other non-government organisations; whether victims were discouraged from reporting such abuse; if such abuse was reported, how the reporting of their experience of abuse was handled; the consequences of abuse, including the effect on the victims and others, and the consequences for

9588-408: Was given at the Commission. Witnesses included Manny Waks and his father. Several Chabad rabbis were found to have been publicly sermonizing that it was religiously forbidden to report child sex abuse to the police. The prohibition against reporting a fellow Jew to the authorities is referred to as Mesirah As of 1 September 2015, four Chabad Rabbis had resigned in relation to the controversy. As

9690-465: Was issued by the Commission for his arrest. During hearings in early March 2015, several former Knox students and staff alleged that headmaster Ian Paterson did not refer several allegations of sex abuse he received to the police, despite there being a requirement for such allegations to be reported from 1988. The commission heard that in fact Paterson had never reported any student's allegation of sexual abuse to police during his thirty years in charge of

9792-499: Was more of need to impose liability standards on industries because consumers had less power to freely bargain with corporations and other business forms. Furthermore, the complexities and intricacies of goods was increasing, making it harder for the average buyer to determine manufacturing issues when purchasing these goods. Now a new phrase dominates liability: "caveat venditor" or "let the seller beware." The law finds that sellers and manufacturers can face more liability for defects with

9894-541: Was not accurately reporting the numbers of children being sexually abused in remote parts of the state. In Queensland , during 1999 the Commission of Inquiry into Abuse of Children in Queensland Institutions (headed by Leneen Forde , a former Governor of Queensland ), investigated the treatment of children in 159 licensed government and non-government institutions from 1911 to 1999. In its report,

9996-437: Was not aware that it was a crime for a teacher to grope or sexually proposition a student. Following the section of the hearing concerning Paterson, the current headmaster John Weeks stated that the school had changed considerably since the end of Paterson's period in the role and that Knox's Paterson Centre for Ethics and Business Studies would be renamed. Weeks also gave evidence to the Royal Commission. During this hearing he

10098-415: Was only possible in extreme circumstances involving sexual abuse with penetration. For those survivors who suffered non-penetrative sexual abuse (which may include oral sex), the maximum payout under the scheme is $ 50 000, regardless of the number of times they were abused, the number of institutions in which they were abused, or the impact of the abuse. Tasmania's Anglican Bishop, Richard Condie commented

10200-427: Was questioned over why he had not sacked the teacher who was arrested in 2009 despite having received allegations in 2007 that the teacher had behaved improperly with a student during the 1980s. Weeks told the media that the allegations had not been detailed or specific, and he had received advice that "it would have been difficult on industrial grounds" to have dismissed the teacher. Weeks also stated that he had reported

10302-541: Was sentenced to 10 years and a non-parole period of 6 years. He was sentenced for 13 offences involving 12 children and another 16 offences were taken into account. Following evidence presented before the commission, the NSW Department of Education and Communities wrote to the Chief Executive Officer of YMCA NSW and issued a compliance notice that set out strict conditions for continuation of

10404-621: Was sentenced to two years and four months of imprisonment; his conviction was overturned in 1991. The Ashram issued an acknowledgement and apology to the survivors of Akhandananda's sexual abuse. The apology and acknowledgement stated that the ashram accepted that the child sexual abuse did occur, and that the organisation had not responded in a way that was helpful to victims. Testimony by victims of sexual abuse at two Chabad schools, Yeshiva in Melbourne and Yeshiva in Bondi, and school officials

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