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‘Ellis defence’ ditched to help abuse survivors sue under reform put to parliament

Attorney General Mark Speakman (right) and plaintiff John Ellis announced the reforms in June.

Attorney General Mark Speakman (right) and plaintiff John Ellis announced the reforms in June. Photo: AAP

Thousands of child sex abuse survivors will be able to sue churches and other institutions under reforms introduced to New South Wales parliament on Wednesday.

Attorney General Mark Speakman said the changes would remove long-standing barriers and help survivors seek restitution from institutions that failed to keep them safe.

“Nothing can erase the devastation survivors have suffered, but these changes will help ensure institutions are more effectively held to account,” Mr Speakman said in a release.

The changes remove the legal loophole known as the ‘Ellis defence’. a recommendation of the royal commission.

The case refers to former altar boy and abuse survivor John Ellis, who tried to sue the Catholic Church in 2006.

The church successfully argued it didn’t legally exist as its assets were held in a trust protected from legal action.

Under the reforms, courts will have the power to appoint trustees to be sued if institutions fail to nominate an entity with assets as a proper defendant.

“Overhauling the civil litigation system is an historic milestone for survivors, making it easier for them to pursue compensation for child abuse,” Mr Speakman said.

A new duty of care will also see organisations held liable for child abuse if they fail to exercise the proper care, supervision or authority needed to protect children.

It also extends liability to non-employees like volunteers.

Speaking to reporters in June when Mr Speakman first announced changes, Mr Ellis said it was a “red letter day” for survivors.

He hoped it would help give those who have kept silent the confidence to come forward to ease their pain.

“It’s going to be a long process – it’s not an easy thing to do,” he told reporters.

Victoria has also moved to abolish the Ellis defence.

-with AAP

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