Concerns about child safety have intensified following a proposal by ACT Greens leader Shane Rattenbury to amend the Civil Law Wrongs Act. This amendment seeks to expand the definition of an employee to include volunteers and contractors, thereby holding organizations accountable for the actions of those who work with children. The proposal comes in light of the alarming prevalence of child abuse in Australia and a recent ruling by the High Court that limited the liability of institutions for the actions of their affiliates.
The outcry for increased protection for children has been echoed by parents and community leaders alike. Many parents express their fears about entrusting their children to organizations, particularly after the revelations surrounding Aaron James Holliday, a former trainee Scouts leader convicted of multiple sexual offenses. A significant portion of the community believes that more stringent legal frameworks are essential to deter potential abusers.
In response to Rattenbury’s proposed amendment, Scouts ACT has voiced concerns that it could have a chilling effect on volunteerism. The organization argues that increased compliance requirements may discourage individuals from participating in volunteer activities. They stated, “If participation becomes contingent on time-consuming compliance processes, especially for low-risk, incidental involvement, many people will simply choose not to help.”
However, recent research conducted by the University of Western Australia challenges the notion that compliance is a major deterrent for volunteers. Professor Alex Luksyte, who led the study, found that personal commitments and changes in circumstances are far more significant factors in volunteer attrition. Volunteers typically dedicate an average of seven hours a week, but many struggle to balance their commitments with family and work obligations.
The need for reform has been underscored by legal precedents. In November 2022, the High Court ruled that a Catholic Church diocese could not be held liable for a priest’s alleged abuse because the church did not employ him directly. Rattenbury’s amendment aims to address this loophole by broadening the definition of employee to encompass a wider range of roles, including volunteers and contractors. As explained by Lanie Tindale, this change would allow historical abuse victims to seek legal recourse against organizations, potentially leading to greater accountability.
In recent months, the ACT government proposed an $11 charge for working with vulnerable people, a move that was met with backlash from community members who argued it unfairly penalized those dedicated to volunteering. The proposal was ultimately scrapped, affirming that commitments to child safety should never come at the cost of financial burden on volunteers.
The broader implications of Rattenbury’s proposed amendment are significant. Advocates for child safety argue that it is crucial to create an environment where organizations prioritize the safety of children above all else. By enhancing legal accountability, the amendment could lead to safer spaces for children in care settings, schools, and recreational activities.
As discussions around child protection continue, the community remains vigilant. Parents and guardians emphasize the necessity of ensuring children are not only safe but also secure from the risks of abuse. The call for action is clear: reforms that prioritize the well-being of children must be enacted.
The proposed changes to the Civil Law Wrongs Act reflect a growing recognition of the responsibilities organizations have toward their young constituents. As the legislative process unfolds, the community will be watching closely, hoping for a future where children can grow up free from the threat of abuse.
