Facing the Truth Learning from the Past How the Catholic Church in Victoria has Responded to Child Abuse A Submission by the Catholic Church in Victoria to the Parliamentary Inquiry into the Handling of Child Abuse by Religious and other Non-Government Organisations 21 September 2012 The Catholic Church in Victoria This submission is made by: • The Catholic Bishops of Victoria: • Archbishop Denis Hart on behalf of the Catholic Archdiocese of Melbourne; • Bishop Peter Connors on behalf of the Catholic Diocese of Ballarat; • Bishop Christopher Prowse on behalf of the Catholic Diocese of Sale; and • Bishop Leslie Tomlinson on behalf of the Catholic Diocese of Sandhurst. • The Catholic Religious Orders, Congregations and Societies within Victoria represented by: • Sister Annette Cunliffe rsc on behalf of Catholic Religious Australia CRA( ); and • Sister Helen Toohey csb on behalf of Catholic Religious Victoria (CRV). As bishops and leaders of religious institutes of the Catholic Church in Victoria, we acknowledge with deep sadness and regret that a number of clergy and religious and other church personnel have abused children, adolescents and adults who have been in their pastoral care. To these victims we again offer our sincere apology. i Table of Contents Table of Contents 1 Facing the Truth 1 2 Executive Summary 2 3 Church Teachings Regarding Caring for Children 6 4 Structure and Governance of the Catholic Church 7 4.1 Introduction 7 4.2 Canon Law 7 4.3 Nature of the Governance of the Pope 8 4.4 Dioceses 8 4.5 Parishes 9 4.6 Provinces 9 4.7 Religious Institutes 10 4.8 Catholic social service providers that work with children in Victoria 11 5 Emerging Awareness of Sexual Abuse Issues 13 5.1 Introduction 13 5.2 Understanding the victim 13 5.3 Church responses for dealing with offenders 13 5.4 United States 14 5.4.1 John Jay Study of the Nature and Scope of Sexual Abuse of Minors 15 5.4.2 National Review Board - Ten Year Progress Report 16 5.5 Canada 17 5.6 Ireland 20 5.6.1 Ferns Report 21 5.6.2 Ryan Report 22 5.6.3 Murphy Report 23 5.6.4 Cloyne Report 24 5.6.5 Criminal Justice Act 2012 26 5.6.6 Draft Children First Bill 2012 27 5.7 New Zealand 28 5.8 The United Kingdom 28 5.9 The Holy See 32 6 Previous Inquiries - Victoria and the Wood Royal Commission 36 6.1 Emerging awareness 36 6.2 Victorian Parliamentary Inquiry into Sexual Offences against Children and Adults 37 6.3 Wood Royal Commission into the New South Wales Police Service 42 6.4 Victorian Law Reform Commission Review 44 6.5 Victorian Ombudsman’s report into improving responses to allegations involving sexual assault 45 6.6 Protecting Victoria’s Vulnerable Children Inquiry 46 7 Initiatives of the Catholic Church in Australia - 1988 to 1996 50 7.1 Introduction 50 7.2 Common Elements between Australia and other countries 50 8 Melbourne Response 52 8.1 Summary 52 8.2 Core elements 52 8.3 Reasons for introduction 53 8.4 Independent Commissioner 54 iii Facing the Truth 8.5 Hearings before the Independent Commissioner 55 8.6 Dealing with offenders 56 8.7 Compensation Panel 57 8.8 Claims initiated outside the Melbourne Response 58 8.9 Apology 59 8.10 Release 59 8.11 Carelink 59 8.12 Parish Pastoral Response 60 8.12.1 Nature of the support to parish communities and priests 60 8.12.2 Advice to Archbishop and Vicar General 61 8.13 Co-operation with Victoria Police 61 8.14 Developments since 1996 63 9 Towards Healing 64 9.1 Principles for dealing with complaints of abuse 64 9.2 Procedures for dealing with complaints of abuse 65 9.3 Core elements 66 9.4 The Towards Healing process 67 9.4.1 Hearing the story 67 9.4.2 Assessing the facts 68 9.4.3 Addressing the needs of the complainant 68 9.4.4 Substantiated complaints 68 9.4.5 Dealing with offenders 69 9.5 Reporting to police 70 9.6 Reparation 71 9.7 Review of process and findings 71 9.8 Reviews since 1996 71 9.8.1 Changes in 2000 72 9.8.2 Changes in 2003 73 9.8.3 Changes in 2009 73 9.8.4 Further report by Professor Parkinson 74 9.9 Confidentiality 74 9.10 Assessment of Towards Healing by the Wood Royal Commission - 1997 75 10 The Melbourne Response and Towards Healing 76 10.1 Joint statement 76 10.2 Core elements 76 10.3 Why are there two systems? 77 10.4 Compensation and reparation 77 10.5 Compensation panels and reparation 79 10.6 Civil legal issues 80 10.7 Insurance 82 11 Codes of Conduct - Catholic Church in Australia 83 11.1 Integrity in Ministry 83 11.1.1 Core elements 83 11.1.2 Principles and behavioural standards relevant to this Inquiry 84 11.1.3 Responding to instances of non-compliance 86 11.1.4 Ongoing development since 1996 87 11.2 Integrity in the Service of the Church 88 11.2.1 Core elements 88 11.2.2 Principles and behavioural standards relevant to this Inquiry 88 11.2.3 Responding to instances of non-compliance 90 iv Table of Contents 12 Formation of Future Priests and Religious 91 12.1 Introduction 91 12.2 Procedures for admission 92 12.3 Fostering human development and healthy celibate living 92 12.4 Ongoing evaluation of candidates 93 12.5 Formation for Integrity in Ministry 93 12.6 Pastoral care of victims and the reporting of sexual abuse 94 12.7 Compliance with civil authorities 94 13 Catholic Education Sector 95 13.1 Introduction 95 13.2 National police checks 95 13.3 Mandatory reporting 95 13.4 The Australian Government’s National Safe Schools Framework 96 13.5 Catholic Education Commission of Victoria 97 13.6 Compliance and complaints procedures - Catholic Education Office 97 13.7 Office for Professional Conduct, Ethics and Investigations 98 14 Proactive and Preventative Measures 99 14.1 Introduction 99 14.2 Working with Children Checks 99 14.3 National criminal history record checks 99 14.4 The Catholic welfare sector – Diocesan agencies 99 14.5 Code of Conduct for Caring for Children – Archdiocese of Melbourne 100 14.6 Professional standards training and professional development 101 15 Mandatory Reporting 103 15.1 Introduction of mandatory reporting in Victoria 103 15.2 Current mandatory reporting obligations in Victoria 104 15.3 Recommendation of the Protecting Victoria’s Vulnerable Children Inquiry 105 15.4 Sanctity of Confession 106 15.5 Submission of the Church regarding mandatory reporting 108 16 Reporting to Victoria Police 110 16.1 Introduction 110 16.2 The law in Australia - Misprision of felony 110 16.2.1 Victoria 111 16.2.2 England 111 16.2.3 Queensland, Western Australia and Northern Territory 111 16.2.4 New South Wales 111 16.3 Tension between respect for victims and the desirability of reporting all allegations of criminal conduct to the police 112 16.4 The Wood Royal Commission in NSW 113 16.5 Striking the balance 114 16.6 Non-reporting to the police 115 16.7 Confidentiality 116 16.8 The Archdiocese of Melbourne and reporting to police 117 16.9 Liaison with Victoria Police 118 16.10 Reports to police in NSW 119 16.11 Ireland 119 16.12 Conclusion 119 Glossary 120 Appendices 123 v Facing the Truth 1 Facing the Truth “Let us take things as we find them: let us not attempt to distort them into what they are not... We cannot make facts. All our wishing cannot change them. We must use them.”1 In the pages that follow, the Catholic Church in Victoria presents its submission to the Victorian Parliamentary Inquiry into the Handling of Child Abuse by Religious and other Non-Government Organisations (Inquiry). The Inquiry is a formal and public process that seeks to deal with an issue that has caused much suffering. The Church welcomes the Inquiry and confirms its full co-operation. While this Inquiry is a secular forum, sentiments of faith are not out of place. As Catholics, we value truth, freedom, justice and love. We follow one who asked us to always move towards the truth. Our submission to this Inquiry is an expression of the Church’s commitment to facing the truth with humility and unflinching honesty. As Cardinal Newman said: “We cannot pretend things are not as they are. We must use the facts to bring forth whatever good is possible.” Let there be no misunderstanding: the sexual abuse of a child was, is and always will be a crime, and a profound contradiction of all we believe in. We know that mistakes were made, and we apologise to victims and their families for these failures. The extent of sexual abuse and its terrible consequences first began to be understood by society and the Church in the late 1970s. Since that time, the Church has responded with policies and procedures to guide Dioceses and religious institutes in dealing with incidents of child sexual abuse. We know that our early response was too slow. However, as our understanding of the dynamics and impact of child sexual abuse has grown, so we have shaped our response. We have learnt from our failures. We are focused on the needs of those who have been abused. We actively encourage victims to go to the police where there may have been criminal conduct.