What if I have had an allegation of child abuse made against me?
The Christian imperative to provide safe ministry must be balanced with the requirement of fair treatment for a member of the clergy or church worker accused of abuse.
Reports of abuse will be taken seriously and the Complainant will be treated with respect, however this is not the same as proof.
Acquitting the guilty and condemning the innocent - the LORD detests them both. Proverbs 17:15
If you are a member of the clergy or a church worker who is alleged to have engaged in abuse (referred to here as a Respondent) you may be removed from a position while the allegations are dealt with if there is a chance of any ongoing risk. Support will be arranged during this time.
At an appropriate stage the detail of the allegations and the identity of the complainant will be put to you the Respondent.
Every opportunity will be provided to enable you to make a full response.
See further information in the Discipline Ordinance 2006, including the definition of who is a “Church worker”.
Nobody should ever “plead guilty” to something they did not do. On the other hand, it is appropriate for a Christian person to be both completely honest and also compassionate towards a person who accuses them, understanding that something has brought about the situation.
A summary of the process is as follows:
Documentation
1. A Contact Person or some other person on behalf of the Director of Professional Standards will ensure that there is a record in writing of what is alleged to have happened. Usually you the Respondent will see the written record and will be invited to respond. You can get advice at this stage before you respond.
Investigation
2. The allegations may be independently investigated further.
This will include obtaining a response, or further response, from you the Respondent.
Consideration
3. The Professional Standards Director will administer the consideration of the complaint by the Professional Standards Committee under the Discipline Ordinance 2006. They will take into account:
(a) the nature and seriousness of the complaint,
(b) whether there is more than one complaint,
(c) whether there is more than one incident, or only a single incident,
(d) when the conduct occurred,
(e) the circumstances of the conduct,
(f) the ages of the Complainant and the Respondent at the time of the conduct,
(g) for clergy – whether the Respondent was a member of the clergy at the time of the conduct, or
for non-clergy – the position held or function performed by the Respondent at the time the of the conduct,
(h) any corroboration of the complaint,
(i) any views expressed by the Complainant as to their desired outcome,
(j) whether the Respondent has made any reparation for and, if so, the nature and extent of the reparation,
(k) any other offences committed by the Respondent,
(l) whether any part of the conduct has previously been disclosed by the Respondent,
(m) the practicability and likely effectiveness of the recommendation,
(n) such other matters as the PSC considers relevant.
Determination
5. There may be a Tribunal hearing in serious cases which are denied by the Respondent.
Outcome
6. Some possible outcomes are:
• conciliation
• apology
• reparation
• admonition
• training
• retraining
• counselling
• employment conditions
• employment termination
• for clergy - removal from Holy Orders
• for non-clergy – prohibition from involvement in church positions
• no further action be taken
Liaison with external agencies
All complaints that allege criminal conduct will be reported to the police.
All information which raises the possibility that a child is at current risk of harm will be reported to the Department of Community Services.
The Diocese is, since July 2001, signatory to a Memorandum Of Understanding between the NSW Department of Community Services and other participating Churches in relation to a Protocol for dealing with allegations of abuse involving a child or young person by a church worker. This protocol acknowledges the role of the Church in providing separate pastoral and personal supoport to the Complainant and the Respondent.
Non “Discipline” matters.
Sometimes allegations of abuse or knowledge about past abuse relate to a person who is not a member of the clergy or not a church worker. In such cases the church takes seriously its responsibility to protect those within its care. Action may be taken to set boundaries, restrict or prevent involvement and supervise such a person. Every attempt will be made to work with the person. The Church is committed to ensuring, as far as is reasonably possible, that all persons are able to be part of a Church.
If the person is not prepared to co-operate, the option of excluding them from the church may be considered as a last resort.
Further information is contained in Guidelines for Parishes for dealing with child abuse offenders and persons of suspicion. These guidelines do not relate to discipline procedures as set out above.
