Victims of child sex abuse in NSW can now sue the church after the state government removed a legal roadblock used by institutions to avoid compensating survivors.
From January 1 churches will no longer be able to use the "Ellis defence" as a way of avoiding paying compensation.
In 2007 former altar boy John Ellis lost a landmark civil action against the Catholic Church over child sex abuse after it successfully argued it had no "legal personality" and was not a proper defendant.
This decision was made because the church's assets were held in a legally protected trust.After the 11 year battle, Mr Ellis is relieved survivors will now be able to "hold institutions to account".
Plaintiff John Ellis speaks during a press conference in Sydney in June. Source: AAP
"We are now going to see a pathway to justice for survivors of abuse that they haven't had in the past," Mr Ellis told AAP.
"It's been a long, long battle."
Removing the legal defence was a recommendation of the Royal Commission into Institutional Responses to Child Sex Abuse.
Attorney-General Mark Speakman said the changes to the law meant all survivors of child sex abuse had the same access to compensation through civil litigation - no matter the organisation responsible.
"We are changing the power balance so survivors can hold institutions accountable for horrific abuse and move forward with their recovery," Mr Speakman said in a statement.January 1 will also signal changes to the state's anti-terror laws, giving the government the right to apply to the Supreme Court to protect information on accused terrorists from them and their lawyers.
Attorney General Mark Speakman speaks during a press conference in Sydney in June. Source: AAP
The measure is part of new anti-terror laws introduced to parliament in November, which also gives law enforcement agencies the right to use surveillance devices in prison cells.
The changes are retrospective, according to the attorney-general's office.