In a written submission to the Victorian inquiry examining responses to child sexual abuse, the Archbishop of Sydney 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.
Referring to the ruling on 2004 legal action taken against the church by abused altar boy John Ellis, he said: “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.”
“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.
In the submission Cardinal Pell again acknowledged "with shame and great sadness" the pain caused by the sexual abuse of children and has apologised again to all those who suffered abuse from Catholic priests, religious and lay church workers.
"Along with other leaders in the church, I will continue to work to prevent sexual abuse in the church and to help those who have been abused. Victims of sexual abuse are our first priority. I am committed to preventing abuse and protecting people. Victims should be treated with compassion and provided with financial assistance, counselling and other pastoral support," Cardinal Pell added in a media statement announcing the submission yesterday.
"Our commitment to victims of sexual abuse also means working with the police and other civil authorities to ensure there are no cover ups and no protection of abusers so that Catholic parishes, schools and welfare services continue to be safe places for young people. In many cases the harm that has been done by sexual abuse causes lifelong suffering. In some cases it has even led to suicides, a tragedy which fills me with horror and sadness both for those who have died in this way and for those who love them. Sexual abuse also causes great suffering for the families and friends of survivors, and we try to help them too. Over the years I have met one-on-one with a considerable number of survivors to acknowledge past wrongs and to work towards reconciliation."