Clash over priest laws
THE Catholic Church and State Government are at odds over new laws that would require priests in Tasmania to report allegations of child abuse, even those made in the confessional.
Attorney-General Elise Archer told State Parliament priests could face criminal charges if they failed to do so.
But the Church says priests must keep confessions secret. Tabling the Government’s response to the final report of the Royal Commission into Institutional Responses to Child Sexual Abuse, Ms Archer said reforms would give better protection to children.
PRIESTS in Tasmania will be required to report allegations of child abuse, even those made in the confessional, and could face criminal charges for failing to do so, says Attorney-General Elise Archer.
The reform plan has put the Government at odds with the Catholic Church, which says priests must obey its rules and keep confessions secret.
Tabling the Government’s response to the Final Report of the Royal Commission into Institutional Responses to Child Sexual Abuse in Parliament yesterday, Ms Archer said careful consideration had been given to the 409 recommendations in the final report.
The commission, established by the Gillard government, revealed decades of widespread sexual abuse of young people within the major churches, which was largely ignored or covered up by senior clergy.
The Government has accepted in whole or in principle the vast bulk of the commission’s recommendations that lie within its jurisdiction and says it will give further consideration to all but three.
Ms Archer said state laws would be reformed to provide greater protection to children.
“Tasmania will be one of a number of jurisdictions in taking the lead in accepting in principle the need to include priests as mandatory reporters, and importantly to lift the veil from the confessional for the purpose of such reporting,” she said.
“The Tasmanian Government also accepts, in principle, the need for a specific criminal offence for the failure to report child sexual abuse and crimi- nalising such behaviour,” she said. “Consistent with the need to put children first, the Government also accepts in principle the Child Safe Standards recommended by the Royal Commission.”
The Catholic Church said it was opposed to the move to break the seal of the confessional, which Archbishop of Hobart Julian Porteous said Catholic priests are obliged by church law to uphold.
Quoting directly from a letter endorsed by the Australian Catholic bishops and sent to Prime Minister Malcolm Turnbull, Archbishop Porteous said: “Removing priestpenitent privilege from the law and requiring mandatory reporting of confessions will either have no effect on child safety or will actually make children less safe.”
Ms Archer said the protection of children from abuse was her highest priority.
“I realise that that has implications for centuries old Canon Law but we must remember that the 409 recommendations are recommendations to en- sure that not only the survivors of child sexual abuse receive the care and attention that they deserve but also will prevent this abuse from happening.”
Ms Archer said the Government would introduce legislation to strengthen Tasmania’s legal responses to child sexual abuse.
“This will include amendments to the Evidence (Children and Special Witnesses) Act to improve the use of prerecordings for vulnerable witnesses, the broadening of the operation of grooming offences under the Criminal Code, as well as measures to improve the operation of the crime of persistent child abuse.”
The Interim Commissioner for Children and Young People, David Clements, welcomed the response.
“I have no doubt that the work of the Royal Commission will lead to major improvements in the way we as a community promote and protect children’s safety and wellbeing at a national and state level,” he said.