FORCED TO FESS UP
EXCLUSIVE New laws break secrecy of confession
THE State Government will introduce laws to ban the long-standing tradition that allowed priests to keep secret revelations of sexual abuse of children heard “under the seal of the confessional”.
The draft legislation to be unveiled today reflects a call from Federal Attorney-General Christian Porter for all states to adopt such laws. South Australia is so far the only state to have done so.
The move has been resisted by Catholic leaders, who argue the confessional seal cannot be broken and there is no compelling evidence to support its removal. Local religious leaders were briefed yesterday.
THE State Government aims to make it mandatory for religious leaders to report sexual abuse of children, shattering the traditional secrecy of the confessional.
New legislation will end the longstanding tradition that allowed priests to keep secret revelations of abuse heard “under the seal of the confessional”.
Tasmania will become the second state to pass such legislation after South Australian laws took effect yesterday.
Attorney-General Elise Archer said the draft legislation would be released for public comment today.
“The draft legislation reflects our intent to make people in religious ministry mandatory reporters of child sexual abuse and toughen laws against failing to report serious crimes,” she said.
The Government has already passed legislation joining the state to the National Redress Scheme to compensate victims.
The draft legislation reflects a call from Federal AttorneyGeneral Christian Porter for all states to adopt laws to remove the exemption of priests from reporting abuse.
The move has been resisted by Catholic leaders, who argue the “seal of the confessional” cannot be broken and there is
no compelling evidence to support its removal. Local religious leaders were briefed on the new laws yesterday.
Prime Minister Scott Morrison will issue a formal apology to victims of sexual abuse on October 22 to coincide with National Children’s Week.
Ms Archer said the draft legislation:
BROADENS the list of who is a mandatory reporter for the purposes of the Children, Young Persons and their Families Act to include people in religious ministry; INTRODUCES a new crime in the Criminal Code Act of failing to report a serious offence; EXCLUDES confessional privilege as a defence to nonreporting of child abuse; BROADENS the scope of the grooming offence in the Criminal Code to provide greater protection to young people.
Ms Archer said the new legislation would update the laws relating to childhood sexual abuse.
“This step makes it clear that all members of the community have an obligation to report abuse and do everything in their power to prevent child abuse,” she said.
Ms Archer said the legislation would abolish the limitation period for the offence of assault with indecent intent to bring it into line with other sexual offences and provide more protections to vulnerable victims during court cases.