New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Roman Catholic Church Trust Property
Amendment (Justice for Victims) Bill 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The NSW Court of Appeal has held that property held on trust under the Roman Catholic Church
Trust Property Act 1936 for the use, benefit or purposes of the Roman Catholic Church in New
South Wales cannot be used to satisfy legal claims associated with sexual abuse by Roman
Catholic clergy, officials or teachers. The object of this Bill is to amend that Act:
(a) to allow a person suing a member of the Church's clergy, a Church official or a Church
teacher in relation to sexual abuse to join the following as defendants in those proceedings
(and to make them liable for any damages awarded):
(i) the body corporate established by the Act to hold property on trust for the dioceses
in which the relevant abuse allegedly occurred,
(ii) the trustees that make up that body corporate,
(iii) if the regulations so provide, any body corporate established under the Roman
Catholic Church Communities' Lands Act 1942 by which the relevant member of the
clergy, official or teacher was employed or that was established as trustee of
community land of any community of which the relevant member of the clergy,
official or teacher was a part, and
(b) to allow a person who is owed a judgment debt in respect of civil liability arising as a result
of sexual abuse by a member of the Church's clergy, a Church official or a Church teacher
to recover the debt from any of the following (as an alternative to pursuing the clergy
member, official or teacher concerned):
(i) the body corporate established by the Act to hold property on trust for the dioceses
in which the relevant abuse allegedly occurred,
b2011-121-11.d24
Roman Catholic Church Trust Property Amendment (Justice for Victims) Bill 2014 [NSW]
Explanatory note
(ii) the trustees that make up that body corporate,
(iii) if the regulations so provide, any body corporate established under the Roman
Catholic Church Communities' Lands Act 1942 by which the relevant member of the
clergy, official or teacher was employed or that was established as trustee of
community land of any community of which the relevant member of the clergy,
official or teacher was a part, and
(c) to suspend the operation of the Limitation Act 1969 for 2 years in relation to such causes of
action that would otherwise be out of time.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 Amendment of Roman Catholic Church Trust
Property Act 1936 No 24
Schedule 1 makes the amendments described in the above Overview.
Page 2
Introduced by Mr David Shoebridge, MLC First print
New South Wales
Roman Catholic Church Trust Property
Amendment (Justice for Victims) Bill 2014
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Roman Catholic Church Trust Property Act 1936 No 24 3
b2011-121-11.d24
New South Wales
Roman Catholic Church Trust Property
Amendment (Justice for Victims) Bill 2014
No , 2014
A Bill for
An Act to amend the Roman Catholic Church Trust Property Act 1936 to provide for the ability
of victims of sexual abuse where the abuser is found to be a member of the Catholic clergy and or
another official and or officer in the Church to satisfy judgments awarded against such abusers as
a judgment debt payable from the assets of the Trust and for other related purposes.
Roman Catholic Church Trust Property Amendment (Justice for Victims) Bill 2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Roman Catholic Church Trust Property Amendment (Justice for 3
Victims) Act 2014. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Roman Catholic Church Trust Property Amendment (Justice for Victims) Bill 2014 [NSW]
Schedule 1 Amendment of Roman Catholic Church Trust Property Act 1936 No 24
Schedule 1 Amendment of Roman Catholic Church Trust 1
Property Act 1936 No 24 2
[1] Part 1, heading 3
Insert before section 1: 4
Part 1 Preliminary 5
[2] Part 2, heading 6
Insert after section 2: 7
Part 2 Church property 8
[3] Part 3 9
Insert after section 16: 10
Part 3 Sexual abuse claims paid from Trust funds 11
17 Definitions 12
(1) In this Part: 13
Church official means any person who acts as a representative of the Church 14
and includes, but is not limited to, any of the following: 15
(a) an official, officer or member of staff of the Church or of a diocese of 16
the Church, 17
(b) a lay assistant for the Church or for a diocese of the Church, 18
(c) a volunteer for the Church or for a diocese of the Church, 19
(d) a Provincial-General for New South Wales of a community, 20
(e) a Provincial, Superior, Leader or President of a community. 21
Church teacher means a teacher or member of staff of a theological college, 22
school, orphanage or children's home operated under the auspices of the 23
Church or of a diocese of the Church. 24
community means a community within the meaning of the Roman Catholic 25
Church Communities' Lands Act 1942. 26
member of the Church's clergy includes the following: 27
(a) an Archbishop or Coadjutor Archbishop of the Church, 28
(b) a Bishop or Coadjutor Bishop of the Church, 29
(c) a Vicar Capitular of the Church, 30
(d) an Administrator of the Church, 31
(e) a Vicar-General of the Church, 32
(f) a priest or assistant priest of the Church, 33
(g) a sister, nun, brother, monk or seminarian of the Church, 34
(h) any other member of a religious order of the Church. 35
sexual abuse means sexual conduct, or conduct that includes sexual conduct 36
(whether or not there was apparent consent to that conduct and whether or not 37
that conduct would, at the time of the relevant conduct, have constituted a 38
sexual offence) perpetrated by a person who was, at the time of the relevant 39
Page 3
Roman Catholic Church Trust Property Amendment (Justice for Victims) Bill 2014 [NSW]
Schedule 1 Amendment of Roman Catholic Church Trust Property Act 1936 No 24
conduct, a member of the Church's clergy, a Church official or a Church 1
teacher, while acting in his or her capacity as such a member, official or 2
teacher. 3
(2) For the purposes of this Part, a person was under the care of the Church if the 4
person was owed a duty of care or fiduciary duty by the Church, a member of 5
the Church's clergy, a Church official or a Church teacher and includes, but is 6
not limited to, having been owed such a duty in the following capacities: 7
(a) as a member or parishioner of the Church, 8
(b) as a nun, monk or seminarian of the Church, 9
(c) as an altar server or other assistant in a church or diocese of the Church, 10
(d) as a student of a theological college, school, orphanage or children's 11
home operated under the auspices of the Church or of a diocese of the 12
Church. 13
18 Conduct of proceedings relating to sexual abuse by Church clergy, officials or 14
teachers 15
(1) The plaintiff in civil proceedings relating to sexual abuse by a member of the 16
Church's clergy, a Church official or a Church teacher of the plaintiff who 17
was, at the time of the sexual abuse, under the care of the Church, may join as 18
a defendant in those proceedings: 19
(a) the body corporate established under this Act for the diocese of the 20
Church in which the abuse, or the majority of the abuse, is alleged to 21
have occurred, and 22
(b) the Bishop, and the Diocesan Consultors, of the diocese of the Church 23
in which the abuse, or the majority of the abuse, is alleged to have 24
occurred, in their capacity as trustees of Church trust property in that 25
diocese, and 26
(c) if the regulations so provide, a body corporate established under the 27
Roman Catholic Church Communities' Lands Act 1942: 28
(i) by which the relevant member of the clergy, official or teacher 29
was employed, or 30
(ii) that was established as trustee of community land of any 31
community of which the relevant member of the clergy, official 32
or teacher was a part. 33
(2) In respect of any such proceedings, the relevant body corporate and its trustees 34
are jointly and severally liable as if they were the member of the Church's 35
clergy, the Church official or the Church teacher against whom the 36
proceedings were also brought. 37
(3) The court hearing such proceedings may extend the application of subsections 38
(1) and (2) to a person who alleges sexual abuse by a member of the Church's 39
clergy, a Church official or a Church teacher and who was not at the time of 40
the abuse under the care of the Church, but was so closely connected with the 41
Church that the court believes it would be just to render the Church liable for 42
the abuse, if proven. 43
(4) A plaintiff who intends to join any body corporate, Bishop or Diocesan 44
Consultor as defendant in proceedings in reliance on subsection (1) must give 45
notice of that intention to the body corporate, Bishop and Diocesan Consultor 46
concerned within 28 days after the filing of the statement of claim in relation 47
to the relevant proceedings. 48
Page 4
Roman Catholic Church Trust Property Amendment (Justice for Victims) Bill 2014 [NSW]
Schedule 1 Amendment of Roman Catholic Church Trust Property Act 1936 No 24
(5) This section extends to a cause of action arising before the commencement of 1
this section. 2
19 Judgments relating to sexual abuse by Church clergy, officials or teachers 3
may be required to be paid from Trust funds 4
(1) A person who is owed an unpaid judgment debt in respect of civil liability 5
arising as a result of sexual abuse by a member of the Church's clergy, a 6
Church official or a Church teacher against a person who was, at the time of 7
the abuse, under the care of the Church, may bring an action for the recovery 8
of the debt against: 9
(a) the body corporate established under this Act for the diocese of the 10
Church in which the abuse, or the majority of the abuse, is alleged to 11
have occurred, and 12
(b) the Bishop, and the Diocesan Consultors, of the diocese of the Church 13
in which the abuse, or the majority of the abuse, is alleged to have 14
occurred, in their capacity as trustees of Church trust property in that 15
diocese, and 16
(c) if the regulations so provide, a body corporate established under the 17
Roman Catholic Church Communities' Lands Act 1942: 18
(i) by which the relevant member of the clergy, official or teacher 19
was employed, or 20
(ii) that was established as trustee of community land of any 21
community of which the relevant member of the clergy, official 22
or teacher was a part. 23
(2) In respect of any such action, those bodies corporate and those trustees are 24
jointly and severally liable as if they were the member of the Church's clergy, 25
the Church official or the Church teacher against whom the judgment was 26
given. 27
(3) The court hearing such proceedings may extend the application of 28
subsections (1) and (2) to a person found to have been sexually abused by a 29
member of the Church's clergy, a Church official or a Church teacher and who 30
was not at the time of the abuse under the care of the Church, but was so 31
closely connected with the Church that the court believes it would be just to 32
render the Church liable for the abuse. 33
(4) This section extends to a cause of action arising before the commencement of 34
this section. 35
20 Suspension of bar to actions on basis of limitation period having elapsed 36
(1) Despite any provision of the Limitation Act 1969, an action on a cause of 37
action for Church sexual abuse is maintainable if it commences during the 38
suspension period, regardless of the date on which the cause of action first 39
accrued. 40
(2) In this section: 41
Church sexual abuse means sexual abuse by a member of the Church's 42
clergy, a Church official or a Church teacher in relation to a person who was, 43
at the time of the sexual abuse, under the care of the Church. 44
suspension period means the period commencing on the date of assent to the 45
Roman Catholic Church Trust Property Amendment (Justice for Victims) Act 46
2014 and ending on the second anniversary of that date. 47
Page 5
Roman Catholic Church Trust Property Amendment (Justice for Victims) Bill 2014 [NSW]
Schedule 1 Amendment of Roman Catholic Church Trust Property Act 1936 No 24
21 Regulations 1
The Governor may make regulations, not inconsistent with this Act, for or 2
with respect to any matter that is permitted to be prescribed by this Part. 3
Page 6
[Index] [Search] [Download] [Related Items] [Help]