keywords: Vicariously Liability

  • RELIGION

    Ensuring justice for all after the Royal Commission

    • Frank Brennan
    • 17 February 2017
    3 Comments

    The commission's forensic scrutiny of past actions of church officials in no way constitutes an interference with the freedom of religion. Its spotlight is to be welcomed, provided only that it is shone on a truly representative sample of all institutions which have been found wanting and provided the same light filter is applied to all institutions. I do however have a problem with the commission making findings on issues like the want of compassion when those findings are made only against a Church.

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  • AUSTRALIA

    The contours of an extended child abuse royal commission

    • Frank Brennan
    • 03 July 2014
    17 Comments

    The Royal Commission into Institutional Responses of Child Sexual Abuse has asked the Abbott Government for a two-year extension until December 2017 to complete its task. The good news is that the victims' groups seem to think they can wait that long, as anything sooner would be rushed.  The bad news is that we will all be waiting another three and a half years for answers about how to restructure institutions ensuring the better protection of children.

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  • AUSTRALIA

    Victoria's path to child sex abuse prosecution

    • Ray Cassin
    • 14 November 2013
    10 Comments

    If the Catholic Church is mentioned frequently in the report of the Victorian parliamentary inquiry into the sexual abuse of children, Catholics and their leaders can hardly complain. Among the churches scrutinised by the committee, only the Salvation Army has an even remotely comparable record of abuse. The Napthine Government should implement the inquiry's recommendations — with one exception.

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  • RELIGION

    Church-state issues and the Royal Commission

    • Frank Brennan
    • 25 October 2013
    2 Comments

    'The Church should not give any appearance of hiding behind the corporate veil. Justice demands that present church leaders agree to satisfy any judgment debt against their predecessors or their deceased predecessors' estates when there is an allegation of past failure to supervise or adequately investigate a sexual predator in the ranks. Any damages should be paid from church assets.' Frank Brennan addresses the Australian Lawyers Alliance Conference, Rydges Lakeside, Canberra, 26 October 2013.

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  • RELIGION

    Church-state issues and the Royal Commission

    • Frank Brennan
    • 04 September 2013
    2 Comments

    'The Towards Healing protocol is not a substitute for criminal prosecution of sex abusers. Nor is it a cheap alternative to civil liability for damages. It is a procedure available by choice to victims in addition to criminal prosecution of perpetrators or pursuit of civil damages for negligence by church authorities.' Full text from Frank Brennan's address to the Canon Law Society of Australia and New Zealand 47th Annual Conference, 4 September 2013 at Hotel Grand Chancellor Adelaide on Hindley.

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  • RELIGION

    Educating leaders for the contemporary Australian Church

    • Frank Brennan
    • 06 October 2008

    'Lee and Christine Rush are your average Ozzie couple, except that their teenage son Scott is on death row in Bali having been convicted of being a hapless drug mule. It will not go down well on the streets of Jakarta if Australians are baying for the blood of the Bali bombers one month and then pleading to save our sons and daughters the next month.'

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  • RELIGION

    Church abuse protocol is no joke

    • Frank Brennan
    • 22 July 2008
    27 Comments

    Pope Benedict's apology to abuse victims included a directive to the local church to extend compassion and justice. The Church's 'Towards Healing' protocol is not a cheap substitute for criminal prosecution or civil liability.

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