Archbishop of Adelaide, Philip Wilson, who was found guilty of covering up child abuse.
The royal commission into institutional child sexual abuse identified, among many areas, one thing that allowed abuse to continue in the Catholic Church: the confessional. Perpetrators had somewhere they could go, be absolved of what they had done, and face no further action.
Each state and territory currently has mandatory reporting laws which dictate that people in certain occupations must report that they know or have reason to believe a child is being abused. Until now, churches have been exempt from this requirement. Who has to report what and when varies from state to state. The plan is to now harmonise the law, but some states and territories have already begun to crack down, and the church is predictably not happy about it.
ACT
Under their laws, someone must report if they have the “belief on reasonable grounds” that a child has been or is currently subject to “sexual abuse … or non-accidental physical injury”. It applies to a variety of medical professionals — doctors, dentists, nurses, psychologists, educational or childcare workers and many others.
However, earlier this month the ACT became the first jurisdiction to introduce laws forcing priests to break the seal of confession. The laws will apply from March 31 2019.
New South Wales
NSW is less prescriptive in who must report, but more detailed about what they must report. Essentially, anyone who delivers any healthcare, education, residential services or law enforcement to children, must report if they have “reasonable grounds to suspect that a child is at risk of significant harm”.
It also defines the kind of abuse that must be reported: physical, sexual, emotional or psychological abuse, neglect and exposure to domestic violence. This definition is replicated in Tasmania, South Australia, Northern Territory and Western Australia.
The government in NSW have tried to stay out of the argument until the conversation is completed at a national level. Premier Gladys Berejiklian said in April it was “beyond the jurisdiction of the state”
South Australia
South Australia was very close behind the ACT in establishing laws that would force priests to disclose abuse. Priests in the state have already said they would defy these laws. The occupations are much the same as above — medical practitioners, social workers, police, teachers etc and now ministers of religion. They must report if “they suspect on reasonable grounds that a child or young person has been or is being abused or neglected”.
Tasmania
The government plans to include information disclosed in a religious confession in mandatory reporting, and the church (while in principle backing mandatory reporting) opposes breaking the seal of confession.
Tasmania has a long list of professions — medical, education, childcare, or public service workers who have any involvement with children — who must report a belief, suspicion on reasonable grounds, or knowledge that a child has been or is being abused or is at risk of being abused.
Victoria
Victoria broadly requires anyone 18 or above who has information that leads them to believe that a sexual offence has been committed against a child (someone under the age of 16) to disclose that information to the police. However, despite years of pushing, the confessional is still exempt. Melbourne Archbishop Denis Hart is keen it stays that way, saying he would go to jail before they breaking the sanctity of the confessional.
Queensland
For Queensland, the argument is not an abstract one. In 2003, Catholic priest Michael McArdle — after pleading guilty to sexually assaulting generations of children — said he had confessed to his crime a staggering 1500 times in the confessional over a 25-year period. In an affidavit, he said each confession “was like a magic wand had been waved over me”.
There have been calls to change the laws for years, and independent MP Rob Pyne has introduced legislation to that effect, but the Queensland government has been quiet about when that might happen.
The law applies different requirements for different roles. A relevant public service employee must report in certain circumstances around children in care; doctors, teachers and police officers must report more generally; and school staff must report on behalf of their students, if they have the knowledge, or reasonable suspicion a child is being physically or sexually assaulted.
Western Australia
Like Queensland, different acts require different things from different professions. On the one hand, medical professionals, teachers or boarding supervisors and police officers must report sexual abuse if they form a reasonable suspicion it is, or has been, occurring during their work. Anyone who works with children through the family court in WA is required to report a reasonable suspicion of abuse, neglect or psychological damage from exposure to domestic violence.
Also, like Queensland, the government has not made any hard commitments to changing the law.
Northern Territory
The NT is broad, requiring “any person” with a belief on reasonable grounds that a child has suffered, or is likely to suffer, harm or exploitation, to report it. NT’s government have not proposed any specific changes to their laws, perhaps more immediately concerned with non-church abuse in their rural areas.
States and territories should remove all funding to religious based groups until they meet reasonable standards of practice. Ie no exceptions for discrimination, abuse and full accountability for the systematic covering up of abuse.
@ Andrew
So are you suggesting that states should withdraw funding from hospitals, schools and welfare agencies with church connections?
Absolutely
So what would happen to the students, patients and welfare recipients? And, why exactly, should these institutions be punished given that they all abide by the law in every state?
Because they use there religious status to discramate against others. They can continue to operate just without state funding. You should not use state funds to discrimate your fellow citizens.
Because they use there religious status to discramate against others. They can continue to operate just without state funding. You should not use state funds to discrimate your fellow citizens.
Oops sorry about repeat post
The Right whine about “Sharia Law”, yet the Catholics are allowed to force Canon Law down our throats. Any Church that doesn’t want to abide by our secular laws should be torn down & used to build shelter for the homeless.
It is simple.
Unless the churches agree to the mandatory notification of abuse by all with access to, or responsibility for children, they should not be allowed oversight on any children’s services; schools, youth groups, foster care family support etc
If this means the entire Catholic Education system then that is what must happen. Oversight of the Catholic systemic schools should then be taken over and become the responsibility of the State.
Catholic schools have been propped up by state funding ( to a small extent) and by federal funding (to a large extent) since the 1970s, when Catholic schools were on the point of financial collapse, and the state schools would not be able to absorb the additional numbers of students should the Catholic system collapse. Now, they have become accustomed to a great deal of public money being thrown their way. And governments don’t question the situation. If the church is not willing to act in ways that the community deem to be reasonable for others who have contact with children, then perhaps it’s time that the extremely wealthy church started to pay tax to make their own financial contribution.
Catholic Education Systems, hospitals and welfare organisations are subject to, and abide by, legal requirements now, Crakeka.
Teachers and other staff in all schools (catholic schools included) are mandated to report any suspicion of child abuse no matter who may be at fault, parish priest, another teacher, school volunteer, or parent. So your suggestion will not make an iota of difference to child safety. I might remind you that the Royal Commission into Child Sexual Abuse found that by far the majority of abuse of children happens in the home, not in church or school or other institutions.
If you want less of something, tax it. I want freedom from religion in the public sphere – I resent godbotherers claiming special privileges.
The argument for funding private schools, sky fairy or otherwise, is as dumb as that for funding private health insurance, that the state system/s couldn’t cope.
If the money wasted on such boondoggles were directed to the public institutions this would be seen for the B/S it is.
Professional counsellors such as psychiatrists and psychologists are bound by professional ethics to a code of confidentiality UNLESS there is a risk of harm to their client or to others. If there is such a risk the duty of care over-rides the duty of confidentiality.
The seal of the confessional is a man made law – there is nothing about it in the Bible, in fact the only reference to confession I can find is in John 20:23 “If you forgive anyone’s sins, their sins are forgiven; if you do not forgive them, they are not forgiven.” So why does the Catholic church cling so vehemently to the seal? Why can’t priests like other counsellors be prevailed upon to disclose potential damage to victims if they hear about such behaviour in the confessional. At the very least they should withhold forgiveness until the perpetrator has given himself (in rare cases herself) up to the police.