The following documents are designed to assist the Safe Ministry Representatives in Parishes. More information and related documents can be found in the Safe Ministry Representatives Information Pack. For further information regarding Safe Ministry Representatives, associated documents and training please contact the .
ALL appointments for CHURCH WORKERS (paid and volunteer) must have a 100 Point Identity Check completed. Copies of the identity documents used to reach or exceed 100 points must be kept on your files.
Please use the Children’s Commission form which can be found at:
WWCC 100 Point Identity Check
The Diocese’s explanatory information for a 100 Point Identity Check is located at:
100 Point Identity Check
Confidential Questionnaire for ordination candidacy or clergy and paid lay licensing by the Archbishop/Bishop
This questionnaire is to be completed by those applying for ordination candidacy, licensing as a member of the clergy or authorisation as a paid ministry worker by the Archbishop or Regional Bishop. It is to be provided to the person who interviews the applicant.
Questionnaire in Questionnaire-201107.doc
Questionnaire in Questionnaire-201107.pdf
Link to Diocesan Registry for more information and related forms.
Implementing Safe Ministry policy
The steps every parish must take to implement Safe Ministry policy are:
3. Screen workers in child related positions (see Guidelines, Policies etc. for screening procedures or following here).
Background Checking (Screening) Procedures
For all people who work with children, a Prohibited Employment Declaration form should be obtain from the person.
If the employer has not already done so, they will also have to register with the CCYP by sending an Employer Registration form to CCYP.
In addition, a full employment and volunteer history should be obtained from the person and background reference checks should be made of all former employers, parishes and organisations with whom the person has been involved.
Who does the background checking (Screening)?
In the Diocese of Sydney:
For ordained clergy and candidates for ordination, background checking is carried out by Registry at the Diocesan Office.
For lay (not ordained) people, whether paid or unpaid, background checking is carried out by the employer i.e. the parish or organisation.
N.B. Unpaid volunteers cannot be screened through the CCYP.
4. Ensure relevant training is regularly undertaken by full time and volunteer workers
See Training page for details of who and where the training is offered.
See Safe Ministry Booklet for what training is required, how often it is required and what records need to be kept.
Responding to complaints of abuse
If a person tells you about abuse you should:
* listen to their story
* comfort them if they are distressed
* let them know you’re glad they told you and that they did the right thing
* let them know you are going to get help about what to do next and that you will get back to them
Seek professional assistance as soon as possible or contact a help line:
• In NSW you should call the abuse report line on 1800 774 945 or e mail the .
• Help line information for other places in the Australian Church is available in the links section.
- Helpline information for government and other non-church organisations is also available in the links section
Additional responsibilities are set out in the Safe Ministry Booklet, in particular the section on duties of the Safe Ministry Representative.
Parishes may also have to take action to monitor and supervise persons who are known sexual and child abuse offenders or persons of suspicion and who want to be members of a congregation or attend any church activity. Detailed guidelines are set out in the Guidelines for Parishes
Creating a safe ministry church
To ensure church is safe for all to attend, the various guidelines, policies and training must be attended to by all churches.
The actions required to be taken by churches are contained in the:
What is required of members of the ordained clergy and all church workers and volunteers is contained in:
Faithfulness in Service (National Code of Conduct)
- download
Some of the most common procedures and forms are:
Forms and Procedures for Background checking (Screening) of Employees and Volunteers
Working with children check forms are at our Guidelines and Polices page under screening
Ultimately, rules, regulations, policies and procedures, whilst essential, are not a substitute for wise caution and an on-going attitude of care and concern for the protection of the vulnerable, especially children.
What is abuse?
"Abuse” is a generic term which includes child abuse, sexual assault, sexual exploitation or sexual harrassment.
Child abuse means the following conduct in relation to a child:
• bullying;
• emotional abuse;
• harassment;
• neglect;
• physical abuse;
• sexual abuse; or
• spiritual abuse.
Full definitions of all these terms are contained in the Code of Conduct for Clergy and Church workers Faithfulness in Service and are set out below.
Sexual abuse of a child means the use of a child by another person for his or her own sexual stimulation or gratification or for that of others. It includes:
• sexual touching and fondling;
• being forced to touch or fondle another person;
• kissing or holding in a sexual manner;
• being forced to perform oral sex;
• vaginal or anal intercourse;
• vaginal or anal penetration with an object or any bodily part;
• making any gesture or action of a sexual nature in a child’s presence;
• making sexual references or innuendo using any form of communication;
• voyeurism;
• exposure to any form of sexually explicit or suggestive material;
• discussion of, or inquiry about, personal matters of a sexual nature;
• being forced to masturbate self or others, or watch others masturbate; and
• indecent exposure.
Sexual abuse of a child does not include:
• sex education with the prior consent of a parent or guardian; or
• age appropriate consensual sexual behaviour between peers (i.e. the same or a similar age).
Sexual assault means any intentional or reckless act, use of force or threat to use force involving some form of sexual activity against an adult without their consent. It includes:
• sexual touching and fondling;
• being forced to touch or fondle another person;
• kissing or holding in a sexual manner;
• being forced to perform oral sex;
• vaginal or anal intercourse; and
• vaginal or anal penetration with an object or any bodily part.
Sexual exploitation refers to any form of sexual contact or invitation to sexual contact with an adult, with whom there is a pastoral or supervisory relationship, whether or not there is consent and regardless of who initiated the contact or invitation. It does not include such contact or invitation within a marriage.
Sexual harassment means unwelcome conduct of a sexual nature, whether intended or not, in relation to an adult where the person reasonably feels in all circumstances offended, belittled or threatened. Such behaviour may consist of a single incident or several incidents over a period of time. It includes:
• implicit or explicit demands or suggestions for sexual activities;
• making any gesture, action or comment of a sexual nature to a person or about a person in their presence;
• making jokes containing sexual references or innuendo using any form of communication;
• exposure to any form of sexually explicit or suggestive material;
• unwelcome physical contact such as touching, pinching, patting or aggressive physical conduct;
• unwelcome or unnecessary discussion of, or inquiry about, personal matters of a sexual nature;
• unwelcome and inappropriate intrusion of personal space;
• voyeurism; and
• persistent following or stalking.
Why is abuse wrong?
Abuse is wrong as it demeans all concerned and because -
• the abuser uses power and dominance which devalues the person who has been abused;
• it involves force, coercion, threat, trickery, misuse of power or seduction to achieve the abuse;
• it is an abuse of power or of the trust we may have in someone;
• it is often an act of violence;
• the person being abused experiences a lack of control and violation of their body, mind and soul;
• it usually has harmful effects on the one who has been abused. This can include emotional, physical, social and spiritual effects.
• abuse of a child is almost always a crime (a child is defined as a person under the age of 18 years). Sexual abuse of an adult is often a crime.
What is child abuse?
child abuse means the following conduct in relation to a child:
• bullying;
• emotional abuse;
• harassment;
• neglect;
• physical abuse;
• sexual abuse; or
• spiritual abuse.
What is child sexual abuse?
sexual abuse of a child means the use of a child by another person for his or her own sexual stimulation or gratification or for that of others. It includes:
• sexual touching and fondling;
• being forced to touch or fondle another person;
• kissing or holding in a sexual manner;
• being forced to perform oral sex;
• vaginal or anal intercourse;
• vaginal or anal penetration with an object or any bodily part;
• making any gesture or action of a sexual nature in a child’s presence;
• making sexual references or innuendo using any form of communication;
• voyeurism;
• exposure to any form of sexually explicit or suggestive material;
• discussion of, or inquiry about, personal matters of a sexual nature;
• being forced to masturbate self or others, or watch others masturbate; and
• indecent exposure.
Sexual abuse of a child does not include:
• sex education with the prior consent of a parent or guardian; or
• age appropriate consensual sexual behaviour between peers (i.e. the same or a similar age).
The offender often uses tricks, bribes, threats, guilt and sometimes physical force to make the child take part and to stop the child from telling anyone about it.
What is physical abuse?
physical abuse means any intentional or reckless act, use of force or threat to use force causing injury to, or involving unwelcome physical contact with, another person. This may take the form of slapping, punching, shaking, kicking, burning, shoving or grabbing. An injury may take the form of bruises, cuts, burns or fractures. It does not include lawful discipline by a parent or guardian.
Physical abuse is when a child is deliberately injured including shaking a baby or hitting, beating, burning or scalding a child or young person.
Often physical abuse of children happens in the home by a parent or carer who is angry, loses control or uses excessive physical punishment.
Physical abuse is always dangerous to children and can lead to serious physical injury. Babies and infants are especially vulnerable as they are so little and a blow to them has a greater physical impact.
What is neglect?
neglect means the failure to provide the basic necessities of life where a child’s health and development are placed at risk of harm. It includes being deprived of:
• food;
• clothing;
• shelter;
• hygiene;
• education;
• supervision and safety;
• attachment to and affection from adults; and
• medical care.
Neglect happens when adults don’t meet a child’s emotional, health and educational needs and this can cause serious and long term damage.
Neglect can happen when parent’s own needs take priority over the really important needs of children such as food, clothing or treatment for a medical condition or when a parent or carer fails to keep the child safe and well.
Emotional care by a parent or carer is also important to a child’s healthy growth, development and to help them form strong emotional bonds.
What is emotional abuse?
emotional abuse means acts or omissions that have caused, or could cause emotional harm or lead to serious behavioural or cognitive disorders. Such acts include:
• name calling;
• threats;
• ridicule;
• intimidation;
• isolation; and
• ill treatment in the form of coldness, hostility or rejection.
Emotional abuse is when adults deprive a child of love, affection and attention or when an adult continually speaks to a child in a negative or hurtful way and makes them feel worthless.
Emotional abuse hurts because it happens over a long time by someone who is important to a child.
Children see themselves as others see them. If someone continually tells the child they are not lovable and are hopeless, then the child begins to see themselves as hopeless and unlovable and can develop emotional problems.
What is spiritual abuse?
Spiritual abuse means the mistreatment of a person by actions or threats when justified by appeal to God, faith or religion. It includes:
• the use of a position of spiritual authority to dominate or manipulate another person or group;
• isolation from friends and family members;
• claims for inappropriate deference to a person with spiritual authority; and
• the use of Christian terminology to justify abuse.
What is bullying?
Bullying means the repeated seeking out or targeting of a person to cause them distress and humiliation or to exploit them. It includes:
• exclusion from a peer group;
• intimidation; and
• extortion.
What is harrassment?
Harassment means unwelcome conduct, whether intended or not, in relation to another person where the person feels with good reason in all the circumstances offended, belittled or threatened. Such behaviour may consist of a single incident or several incidents over a period of time. It includes:
• physical contact;
• gestures or language (overt or implied) including continual and unwarranted shouting;
• unjustified or unnecessary comments about a person’s capacities or attributes;
• openly displayed pictures, posters, graffiti or written materials;
• communications in any form (for example, phone calls, email, text messages) ; and
• following or stalking.
What about domestic violence?
Domestic violence also harms children.
Domestic violence involves emotional, sexual or physical abuse by one or more adult members of a family towards another member in the family. Often a partner or spouse is the victim.
Children are affected when they live with such violent behaviour in their home. They feel frightened for their abused parent and for their own safety. Children can also get caught up in the physical violence and can be injured.
Some children may learn harmful ways of responding to problems from being witness to domestic violence. This can lead to problems when they mix with other children and further isolate them from possible sources of help and support.
The Church, in it’s Code of Conduct for Clergy and Church workers Faithfulness in Service specifically prohibits domestic violence: You are not to abuse your spouse, children or other members of your family.
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.
Pastoral Care and Assistance Scheme
This is the pamphlet giving an overview of the Pastoral Care and Assistance Scheme.
The principles, standards and guidelines enunciated in this Code, Faithfulness in Service apply to all members of the ordained Clergy and to designated lay “Church workers”. The defintion of “Church worker” is contained in the relevant instrument which enables complaints to be made and applies sanctions e.g. Discipline Ordinance 2006
History
Drafted by the Child Protection Committee of the General Synod between 2001 and 2004 with the whole of the Anglican Church in Australia by public consultations in every State Capital and several major regional centres and with innumerable written and face-to face meetings.
Adopted by the General (national) Synod of the Anglican Church of Australia in October 2004.
Adopted by the Diocese of Sydney of the Anglican Church of Australia in October 2004.
Further amendments adopted by the Diocese of Sydney of the Anglican Church of Australia in September 2007.
(Minor and drafting amendments only. The substance of the standards remains unchanged).
Other Australian Anglican Diocese Links and information
The Anglican Church of Australia is a Christian denomination which consists of twenty three autonomous geographical regions, each known as a diocese. Each diocese is led by a bishop (or archbishop) and governed by a council called a Synod. Some larger dioceses have regional or assistant bishops.
The dioceses are grouped into provinces similiar to State boundaries. Each province is chaired by an Archbishop who is the bishop of the metropolitan/capital city diocese.
This Map of Australia shows the physical diocesan boundaries.
General Synod is a combined federal council of all the Australian dioceses which sets general denominational ground rules and policy for approval by each of the dioceses. General Synod is chaired by a who is one of the bishops elected as first amoung equals.
For information and resources about national policy and recommended practice on Professional Standards, Safe Ministry and Child Protection go to General Synod Professional Standards Web page
It is best to report abuse locally in Australia. If you are unsure, contact your closest office and they will be able to assist you.
Queensland
If abuse has occurred within the Church
07 3835 2266
Other helpful numbers
Crisis Care Dept. Families 07 323 5999
Domestic Violence Help Line 1800 811 811
Kids Help Line 1800 55 1800
Parent Line 1300 301 300
Maternal and Child Health (for babies) 07 3862 2333
(Qld Dept. Family, Youth, Community Care) 07 3235 9999
Lifeline 13 11 14
Victoria
If abuse has occurred within the Church
1800 135 246
leave your contact details and the Professional Standards Director will ring you back.
Or write to
Office of Department of Professional Standards
Anglican Diocese of Melbourne
PO Box 1271, Camberwell, Victoria 3124
Other helpful numbers
Victorian Dept Human Services 03 9854 5511
Parent Line 03 132 289
Kids Help Line 1800 55 1800
Domestic Violence Help Line 1800 015 188
Lifeline 13 11 14
South Australia
If abuse has occurred within the Church
08 8305 9383
Other helpful numbers
South Aust. Crisis Care Unit 08 8203 0424
Kids Help Line 1800 55 1800
Child Abuse Crisis Line 13 14 78
Crisis Care 13 16 11
Lifeline 13 11 14
Western Australia
If abuse has occurred within the Church
John 08 9220 0444
or Christabel 08 9430 6168
Other helpful numbers
WA Crisis Care Unit 08 9223 1111
Kids Help Line 1800 55 1800
Family Help Line 08 9223 1100
Lifeline 13 11 14
Northern Territory
If abuse has occurred within the Church
07 3835 2266
Other helpful numbers
Family and Children’s Services Bus. Hours 08 8922 7111
After Hours 08 8941 1644
Crisis Line 08 8981 9227
Men’s Line 1800 181 888
Kids Help Line 1800 55 1800
Tasmania
If abuse has occurred within the Church
1800 017 286
Other helpful numbers
Domestic Violence Crisis Service 03 6233 2529
1800 633 937
Kids Help Line 1800 55 1800
Australian Capital Territory
If abuse has occurred within the Church
6253 6276
Other helpful numbers
Child at Risk Assess. Unit 02 6244 2316
Kids Help Line 1800 55 1800
Youth Line 02 6257 2333
Child Abuse Prevention Service 1800 688 009
Crisis Service 018 627 899
Domestic Violence Crisis Service 02 6280 0900
Life Line 13 11 14
Legal
legal info… similar to SDS, but with mention that copyright not pursued.. want the information known.
Privacy
similar to SDS plus assurance of discretion for reports of abuse.
Contact Us
Abuse Report line
Phone: 1800 774 945
Email:
Making initial contact does not commit you to anything. Our contact people will be glad to talk to you, give you full explanations and answer any questions you might have before you decide what you want to do.
Other Contact information
Professional Standards Unit
Anglican Church Diocese of Sydney
St Andrews House
Sydney Square Sydney NSW
In the Diocese of Sydney, child protection background checking (screening) of all ordained clergy is undertaken by the Archbishop (through his Registry and the Professional Standards Unit). In some instances, organisations such as schools or hospitals may also screen members of the clergy.
All other churchworkers, paid and unpaid, in child related (ministry) positions must be screened by their “employer” which in most cases will be either the Rector/Senior Minister or the Church Wardens.
Information about selection and screening is contained in the working with children background check documents on the NSW Commissions for Children and Young people’s webiste Click here to go to their site.
Scroll down for additional screening recommendations.
All the other forms are at:
Working With Children Background Check - Forms
or to go to the forms directly for the working with children screening/background checking of workers for child related positions
ALL appointments for CHURCH WORKERS (paid and volunteer) must have a 100 Point Identity Check completed. Copies of the identity documents used to reach or exceed 100 points must be kept on your files.
Please use the Children’s Commission form which can be found at:
WWCC 100 Point Identity Check
The Diocese’s explanatory information for a 100 Point Identity Check is located at:
100 Point Identity Check
In addition to these statutory screening requirements there are recommended guidelines for the engagement of volunteers and paid workers who are to be involved with children. These are contained in Safe Ministry Policy.
They include the following particular prudent actions for selecting and screening potential childrens workers:
In relation to every person appointed to a children’s ministry position, a parish should ensure that:
i. The applicant’s identity is known or confirmed;
ii. The role, task and expectations of the position are clearly stated;
iii. The applicant is asked to disclose any matters which may affect their suitability to work with children;
iv. Background reference checking is undertaken with at least one known person in the applicant’s immediate past who has some knowledge of working with children.
v. When background checking, the role that the applicant is being considered for should be described. The referee should be asked: “Is the person suitable to work with children? Is there anything we need to know?”
Training
There are three main types of child protection and safe ministry training in the Anglican Church in Sydney.
2. Immediate post-college training for recently ordained (clergy) workers and some other paid workers is provided by Ministry Training & Development. For more information contact or (02) 9265 1585
3. Training for un-paid local parish workers such as Sunday school, kids church and youth leaders, is provided by Anglican Youthworks. Link to Youthworks Safe Ministry Training
The requirements for regular training of local parish unpaid workers are contained in Safe Ministry Guidelines
About Us
SAFE MINISTRY & CHILD PROTECTION IN THE ANGLICAN CHURCH DIOCESE OF SYDNEY January 2007
The Anglican Church Diocese of Sydney is a network of 270 local parishes with about 600 paid clergy and paid lay pastoral workers and in excess of 9000 unpaid volunteer child related workers. The Diocese has adopted a multifaceted approach to the issue of child protection and sexual misconduct since the mid-1990s. The structures, policies, practices and procedures now in place and being further developed are as follows:
1. PROFESSIONAL STANDARDS UNIT
This unit consists of a Director, a Chaplain for Diocesan Complaints, a Project Manager for Care Leavers and an Administrator. The unit administers the complaints and discipline procedure in relation to clergy and church workers. A database of offenders and alleged offenders is maintained. It also has the overall responsibility throughout the Diocese to ensure that all parishes and other activities of the Diocese are child protection compliant. The unit undertakes screening of all clergy appointments on behalf of the Archbishop. It provides ongoing support and advice to parishes and organisations. The Chaplain ensures contact with and support of those who disclose abuse.
2. SAFE MINISTRY BOARD
Standing Committee of Synod has established a Professional Standards Board with the dedicated policy task of ensuring that child abuse issues are dealt with comprehensively and in an ongoing way throughout the Diocese. The Board constantly reviews all child protection policy. Safe Ministry Board Ordinance.
3. APOLOGY
The Archbishop, Dr Peter Jensen, has publicly reaffirmed the church’s abhorrence of child abuse and sexual misconduct by clergy and church workers in a letter read in all parishes. He committed himself and the diocese to giving these issues a high priority. He has reaffirmed this commitment publically in Synod, noting that such issues, unless dealt with properly, will remain a barrier to mission by alienating people from the good news of Jesus Christ. Archbishop Jensen has continued to take an active role in ensuring that the Diocese gives priority to these issues. He continues to make himself available for pastoral interaction in particular cases.
4. CARE OF VICTIMS AND COMPLAINANTS
The Chaplain, oversees care for claimants and their families. This supplements counselling which is provided to victims and paid for by the Church. A care and assistance scheme is in place as an alternative to litigation to provide for financial assistance to victims to meet their needs which arise from the abuse or misconduct. It includes a mechanism for external assessment if necessary. This covers the uninsured aspect of claims. When pastorally appropriate, the chaplain arranges for the Archbishop or one of his Episcopal team to see particular victims of clergy or church worker misconduct or abuse. The Project Manager for Care Leavers receives complaints of child abuse in Church of England Homes and supports complainants.
5. CODE OF CONDUCT
The national code of personal conduct for Clergy and Church workers Faithfulness in Service, was adopted by the Sydney Diocesan Synod in October 2004. A series of compulsory training seminars are conducted every three years in all regions for all clergy and paid churchworkers.
6. ABUSE AND SEXUAL MISCONDUCT COMPLAINTS PROTOCOL
The Diocese, has in place a Protocol for receiving complaints and allegations of child abuse or sexual misconduct by clergy or church workers. Four independent contact persons, all trained counsellors, are available for people to contact. Their details are advertised in the Diocesan newspaper, on the Internet website and by leaflet to all parishes and organisations. Through an abuse report line (1800 77 49 45 or ), the contact persons provide information and support enquirers as they consider their options. They can then assist in the documenting and reporting of allegations or complaints of abuse.
7. DISCIPLINE ORDINANCE 2006
The handling of complaints that are received under the Protocol regarding sexual misconduct or child abuse by clergy or church workers is governed by the Discipline Ordinance 2006. Complaints are verified in writing, put to the respondent, investigated, considered at a prima facie level by a Professional Standards Committee, if necessary considered by a Tribunal and recommendations made to the Archbishop for action. The strongest sanction available is for clergy, removal of their holy orders and for others a Prohibition to prevent them from undertaking ministry or being in a particular or any role in the Church. There are also conciliation provisions in appropriate circumstances. The process is administered independently by the Director PSU with advice from the Professional Standards Committee. The Archbishop is excluded from procedural decisions. He considers the final recommendations and implements “discipline”. He is entitled to enquire as to progress of matters and the Director is obliged to keep him informed.
8. CHILD PROTECTION GUIDELINES AND OTHER ADVICE
All parishes and organisations were provided with Child Protection Guidelines, First Edition 2001 which explains in detail the requirements of the NSW Child Protection Legislation. This document had been preceded by five introductory circulars and seminar training throughout the Diocese. In March 2003 all parishes were provided with a checklist entitled “Dealing with Child Abuse Allegations in the Church”. The PSU continues to provide “help-desk” assistance to clergy and churchworkers in parishes on child protection issues. All parishes have been provided with a document called Guidelines for dealing with offenders and persons of suspicion in parishes.
9. CHILD PROTECTION LEGISLATION COMPLIANCE SURVEY
The PSU has surveyed the 270 parishes to assess the extent of compliance with the Child Protection Legislation. The evidence from the survey is that there is widespread understanding of and compliance with the legislative requirements. Further auditing processes are being considered by the Professional Standards Board.
10. SCREENING OF LAY WORKERS
Parishes obtain prohibited employment declarations for all child related workers (including unpaid volunteers) and undertake working with children screening checks for those who are paid. They are advised to also always undertake reference checks. The Diocese of Sydney recently participated in a pilot screening of volunteer (unpaid) child-related workers for all CEBS/boys-only ministries and Camp Howard volunteers. This has resulted in some legislative changes. However, working with children background checks remain unavailable for unpaid volunteers except where they are involved in overnight residential programmes or foster care. In addition to secular legislative requirements, prohibited persons under the NSW State legislation (those convicted of serious sexual offences) cannot be appointed or elected as church wardens or parish councilors.
11. SCREENING OF MINISTRY/ORDINATION CANDIDATES, CLERGY AND PAID LAY MINISTERS
All candidates for ordination and all clergy being authorised or licensed in Sydney have to complete a screening disclosure document which asks questions about drug use, alcohol use, occult practice, use of pornography, homosexual conduct, sexual conduct outside of marriage, police or child protection authority investigations, apprehended violence orders, and criminal charges or convictions. This disclosure form is based on a comprehensive screening questionnaire recommended by the Anglican General (National) Synod Child Protection Committee. This questionnaire is also administered to all paid lay ministers who apply for the Archbishop’s licence. Ordination/ministry candidates also undergo extensive assessment and screening by way of reference-checking, general psychological testing, interviews, chaplaincy supervision reports and college reports. The Discipline Ordinance 2006 provides a mechanism for pre-ordination disclosure and consideration of prior sexual misconduct or child abuse. All new Ordination Candidates must undergo Safe Ministry Training before entering theological college.
12. TRAINING OF LAY CHILDRENS AND YOUTH WORKERS - SAFE MINISTRY
This training resource kit, produced by Anglican Youthworks, is used by a network of regional Youthwork advisors. They run at least 24 set courses annually throughout all regions of the Diocese to train children and youth work volunteers and trainers who in turn train others in parishes using the kit. The Safe Ministry Board has surveyed parishes to assess the extent and effectiveness of this training strategy and as a result new mandatory requirements have been introduced. (see 17 below).
13. TRAINING OF MINISTRY/ORDINATION CANDIDATES AND CLERGY
The PSU provids professional development to clergy through visits to local area clergy groups and annually to both deacon/diocesan lay worker and priest ordination candidates. Moore Theological College includes 7 units on safe ministry. Ministry Training and Development includes child protection issues in the Sydney candidate training conferences/retreats and the after college training syllabus for junior ministers. All candidates are required to read the Code of Conduct. Ministry chaplains are required to discuss the Code with each candidate during their candidacy before they are ordained. A working group of the Safe Ministry Board is compiling a comprehensive curricula of safe ministry training for all levels of ministry, all church workers and all church office holders, whether paid or unpaid, clergy or lay. This template will be used to ensure that all church personnel are trained for their roles and the ministry they undertake.
14. CO-OPERATION WITH COMMUNITY SERVICES AND POLICE
The Diocese is signatory to a Memorandum Of Understanding between the NSW 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. The Director PSU is a member of the NSW Police Child Protection and Sex Crimes Squad Advisory Council. All complaints that allege criminal conduct are reported to the police.
15. SAFE MINISTRY
From April 2006 every parish is required to have a safe ministry representative and all people who work with children are required to undergo compulsory training in safe ministry every three years. The re-named Safe Ministry Board has had its jurisdiction extended to consider the issue of safe ministry in relation to all vulnerable people, not just children.
16. PARISH RECOVERY CONSULTATION TEAMS
Teams are being trained by John Mark Ministries to be available to advise and assist parishes where allegations of abuse or misconduct by clergy or church workers arise. These teams aim to enable parishes to deal with the matters and aid personal and parish healing.
Sydney Anglican Church Links
If a child tells you about abuse you should:
* listen to the child’s story
* comfort the child if they are distressed
* let the child know you’re glad they told you
* let the child know you are going to get help about what to do next
Seek professional assistance as soon as possible or contact a help line.
USEFUL PHONE NUMBERS AND CONTACTS
Anglican Abuse Report Line
Contact Persons 1800 774 945
Anglican Church Diocese of Sydney
Professional Standards Unit (PSU)
Director (02) 9265 1514
Request protocol & other documents (02) 9265 1604
Chaplain to victims (02) 9265 1500
Pastoral Care & Assistance Scheme (02) 9265 1500
Anglican Legal information
Legal Officer, Anglican Church Sydney Diocesan Secretariat (02) 9265 1647
Anglican Scripture in Schools (SRE) Enquiries (02) 8268 3388
Anglican Youthworks Training Resource Line (02) 8268 3388
NSW Rape Crisis Centre Contact Rape Crisis Centre on-line 1800 424 017 Counselling 24 hours 7 days
NSW Rape Crisis Centre is a state-wide 24 hour telephone and online crisis, support and referral service for anyone who has experienced sexual violence.
The Centre is committed to upholding the rights of women to live in a socially just, equitable and non violent society.
TAMAR (Towards a More Appropriate Response)
Anglican Victims Support and Advocacy.
This goup of Christian women - survivors of abuse, family, friends and supporters - were significant over recent decades in prophetically calling the Anglican Diocese of Sydney to account for abuse within the Church.
The responses, practices and procedures which they called for and recommended have now occured.
The Diocese acknowledges that the Church is in their debt and give thanks to God for their courage and persistance.
Counsellors ANGLICARE Counselling
Sydney area (02) 9799-9311
Wollongong Region (02) 4228-9612
Shoalhaven Region (02) 4423-1018
Western Sydney (02) 4731-6467
C. Advise name/contact details of Safe Ministry Representative to PSU.
D. Give this Circular to the Safe Ministry Representative.
Introduction
1. In October 2005 Synod passed the Safe Ministry Ordinance 2005 (the Ordinance) which inserted a new Part 7A into the Church Administration Ordinance. The provisions of the Ordinance come into effect on 1st April 2006.
2. Synod also recommended that all parish councils adopt the following Safe Ministry Policy:
[name of parish] is committed to the physical, emotional and spiritual welfare and safety of all people, particularly within its own community. To ensure the safety of children and vulnerable people in our communities, [name of parish], in conjunction with the Anglican Church of Australia, will -
• Carefully recruit and train its clergy and church workers,
• Adopt and encourage safe ministry practices by its clergy and church workers,
• Respond promptly to each concern raised about the behaviour of its clergy and church workers,
• Offer pastoral support to any person who has suffered abuse, and
• Provide supervision of and pastoral accountability (within the context of the ministries, locations and activities of the parish) to any person (who is a member of a congregation and) who is known to have abused a child or another vulnerable person.
3. This circular sets out what needs to be undertaken to implement the provisions of the Ordinance.
Definitions
4. In this circular:
Children or child means a person under the age of eighteen years;
Minister means the rector, curate-in-charge or senior minister of a parish or parish unit. (back to top)
SAFE MINISTRY REPRESENTATIVE
A. Appointed by Minister with Parish Council’s concurrence.
B. Over 21 years of age.
C. Trained in Safe Ministry.
D. 12 month, renewable appointment.
Safe Ministry Representative
5. The safe ministry representative is to be appointed by the Minister with the concurrence of the parish council.
6. A safe ministry representative must -
(a) be or above the age of 21 years;
(b) have satisfactorily completed safe ministry training within the last 3 years or within 3 months after their appointment and every 3 years thereafter while the appointment continues.
7. Where a person appointed as a safe ministry representative has not, without just cause, satisfactorily completed safe ministry training within the last three years or within 3 months after their appointment and every 3 years thereafter while the appointment continues, their appointment is revoked.
8. A person appointed as a Safe Ministry representative is taken to have been appointed for a period of 12 months unless at the time the appointment is made some other period is specified in writing by the Minister. The Minister, with the concurrence of the parish council, may, subject to clause 45, revoke the appointment of a person as a safe ministry representative as he thinks fit.
9. Consideration should be given to appointing a person who has professional training or expertise in child protection issues such as a teacher, children’s worker, youth worker or a person with behavioural or social sciences qualifications and experience.
Advise name/contact details of Safe Ministry Representative
10. The Director of the Professional Standards Unit (PSU) should be notified of the name and contact details of the safe ministry representative upon their appointment, at:
psu@sydney.anglican.asn.au or ? 9265 1514.
Give a copy of this Circular to the Safe Ministry Representative
11. The safe ministry representative should have a copy of this circular (back to top).
DUTIES OF SAFE MINISTRY REPRESENTATIVE
A. Assist the Minister to comply with child protection screening.
B. Keep safe ministry training records.
C. Monitor & report on Safe Ministry systems & practice in the parish.
D. Report abuse by clergy or church workers.
A. Assisting the Minister to comply with the child protection screening legislation.
(ensure compliance by the minister or the minister’s delegate with the Child Protection (Prohibited Employment) Act 1998 by persons appointed to a children’s ministry position within the parish);
12. The Minister has a Statutory responsibility to ensure that the screening under the Child Protection (Prohibited Employment) Act 1998 is complied with. The implementation of the compliance can be delegated, but not the Statutory responsibility.
a. Every person appointed to a children’s ministry position within the parish must complete and sign a Prohibited Employment Declaration (Working with children check Attachment 4).
b. In addition all persons appointed to a paid children’s ministry position must complete an Employment Screening Consent Form (Working with children check Attachment 3). A Screening Request Form (Working with Children Check Attachment 6) must then be sent to the Commission for Children and Young People. Full instructions and forms are available at http://www.kids.nsw.gov.au/check/
c. These statutory requirements are only part of a prudent screening process. It is strongly recommended that in relation to every person appointed to a children’s ministry position:
i. The applicant’s identity is known or confirmed;
ii. The role, task and expectations of the position are clearly stated;
iii. They are asked to disclose any matters which may affect their suitability to work with children;
iv. Background reference checking is undertaken with at least one known person in the applicant’s immediate past who has some knowledge of working with children.
v. When background checking, the role that the applicant is being considered for should be described. The referee should be asked: “Is the person suitable to work with children? Is there anything we need to know?”
B. Keeping safe ministry training records.
(maintain records of the date and place of safe ministry training satisfactorily completed by persons appointed to a children’s ministry position within the parish)
13. The Safe Ministry Training records should include in relation to every person in a Children’s ministry position:
(a) Name in full
(b) Address
(c) Date and place of Birth
(d) Position
(e) Date of appointment/commencement
(f) Date of training
(g) Location of training
(h) Name of Trainer
C. Monitoring and reporting on Safe Ministry systems and practice in the parish.
(provide a report, at least annually to the parish council, that includes current policies and practices, and any suggested changes, to ensure the safety of children involved in the activities of the parish and such other matters as may be prescribed by the Safe Ministry Board)
16. Chapter five of the Code Faithfulness in Service contains guidelines on matters to consider when seeking to ensure safety for children involved in the activities of the parish. Working with the leaders of children’s ministries, the safe ministry representative should consider how children are kept safe by the systems and practices used in parish activities. A report to the parish council could assess current policies and practices against these guidelines and suggest any changes that might be recommended.
D. Reporting abuse by clergy or church workers.
(report to the Director of Professional Standards, and in the case of a parish office holder appointed under Part 6 to the minister and any applicable delegate of the minister, knowledge or reasonable suspicion that a child who attends or has attended any activity of the parish has suffered child abuse or is at the risk of harm of child abuse from a parish office holder)
17. The Minister has a responsibility as a mandatory reporter to report to the Department of Community Services (DoCS) where there are reasonable grounds to suspect that there is a child currently at risk of harm because of:
a. physical or sexual abuse or ill-treatment,
b. neglect (basic physical or psychological needs not being met, parent/carer not arranging necessary medical care or parent/carer causing serious psychological harm),
c. serious physical or psychological harm from a domestic violence incident.
18. Any person has statutory protection if they make a report, including non-mandatory reporters. The church supports and encourages voluntary reporting by all clergy and church workers where there are reasonable grounds to suspect that there is a child currently at risk of harm.
19. All parish office holders now have a duty to report knowledge or reasonable suspicion that a child who attends or has attended any activity of the parish has suffered child abuse or is at the risk of harm of child abuse from a parish office holder.
20. A parish office holder is the Minister, another member of the clergy, churchwarden, parish councillor, parish representative for a Synod, parish representative elected or appointed under the Presentation and Exchange Ordinance 1988 or person appointed under Part 6 of the Church Administration Ordinance. It includes all people appointed by the Minister such as Sunday School teachers and all leaders of groups.
21. Parish office holders appointed by the Minister must report to the Minister or any applicable delegate of the Minister.
22. If the concern relates to the Minister himself the report should be made to the Director of the PSU.
23. All parish office holders should report knowledge or reasonable suspicion of sexual misconduct or child abuse by a member of the clergy or a church worker to the Director of the PSU via the Abuse Report Line on 1800 77 49 45 or to abusereport@sydney.anglican.asn.au
A. All people in children’s ministry must undertake training.
B. Every three years.
C. 3-month “grace” period to comply.
D. Minister has discretion to approve temporary non-compliance for “just cause”.
E. Youthworks Safe Ministry with Children & Young People is the approved training.
Requirement for Safe Ministry Training
25. The Ordinance establishes a requirement that all people in a children’s ministry position must undergo regular safe ministry training (back to top).
CHILDREN’S MINISTRY POSITION
A. Any position to which a person is appointed under Part 6 of the Church Administration Ordinance, whether paid or unpaid, i.e. every position in the parish,
AND
B. that primarily involves contact with children where that contact is not directly supervised.
26. The requirement is that every person in a children’s ministry position must have satisfactorily completed safe ministry training within the last 3 years or within 3 months after their appointment and every 3 years thereafter while the appointment continues.
27. Where a person appointed under Part 6 to a children’s ministry position has not, without just cause, satisfactorily completed safe ministry training within the last 3 years or within 3 months after their appointment and every three years thereafter while the appointment continues, their appointment is revoked.
28. Ministers should take into account the following matters in exercising the “just cause” power under the Ordinance to waive the requirement to have undertaken current training whilst in a children’s ministry position:
a. Difficulties that arise in undertaking the training during the first twelve months (from 1st April 2006 to 31st March 2007);
b. Temporary delays in undertaking training due to short-term unavailability of courses, or personal short-term difficulties in attending training (back to top).
YOUTHWORKS TRAINING
SAFE MINISTRY WITH CHILDREN & YOUTH
PART A: LEADING CHILDREN AND YOUTH
Everyone involved in working with children in Sydney Anglican Churches must complete this course. If you have done the full 4-hour “Child Protection Essentials” since 1st April 2003 you do not need to do this course. Everyone must have done this course (or an equivalent) by June 30, 2006.
PART B: PROTECTING CHILDREN AND YOUTH
Everyone involved in working with children in Sydney Anglican Churches must complete this course every three years. Everyone must have done this course (or equivalent since 1st April 2003) by June 30, 2006.
All of the Youthworks Ministry Advisors are qualified to assist in providing information and training in Child Protection.
29. The Safe Ministry Board (previously Professional Standards Board) has approved the following training as Safe Ministry Training:
(a) Initial training on the first occasion of being appointed to a children’s ministry position:
i. Child Protection Essentials training (4 hour course) or Safe Ministry with Children & Young People training (Part A & B) conducted by a Youthworks advisor;
ii. Course or training conducted between 1 April 2003 and 31 March 2006 the content of which was substantially the same as the Child Protection Essentials training package (4 hour course);
iii. Child Protection Essentials training or Safe Ministry with Children & Young People (Part A & B) conducted by a person trained and approved by a Youthworks advisor;
(b) Refresher training on subsequent occasions every three years:
iv. Safe Ministry with Children & Young People refresher training (Part B) conducted by a Youthworks advisor;
v. Safe Ministry with Children & Young People refresher training (Part B) conducted by a person trained and approved by a Youthworks advisor;
30. Recognition of other recent equivalent alternative training may be approved by the Director PSU who may refer the request to the Safe Ministry Board.
31. The Archbishop provides training for Ministers. This is coordinated by the PSU through training providers such as Moore Theological College, Ministry Training & Development and Youthworks.
Checklist for dealing with Child Abuse Allegations
Prepared by the Professional Standards Unit for the assistance of clergy and church workers.
This document is an initial checklist only. As a guideline it should not be solely relied upon for advice. Those responsible for protecting children and responding to allegations of child abuse should consult the resource materials and the relevant legislation and obtain professional advice in each situation and every individual case. Remember you are not on your own in these matters.
March 2007
Child Protection Checklist
What to do with an allegation of child abuse
1. Clarify exactly what the allegation is
Do not undertake an investigation.
Only ascertain the gist of the allegation.
Do not minimise or disbelieve. Remember, belief is not proof.
What may seem incredible could be true.
Paedophile offenders are cunning, secretive and not immediately nor obviously identifiable.
Do not disclose allegations to the accused person at this initial stage.
Maintain confidentiality. Only disclose to those who need to know.
Assure the complainant and victim that timely action will be taken.
2. Contact Director, Professional Standards Unit (PSU) on
(02) 9265 1514, (m) 0408 218 940 psu@sydney.anglican.asn.au who can advise on:
a. risk assessment regarding children and the accused person;
b. what must be reported, to whom and by whom; and
c. an agreed plan of action, to protect the child and deal with the allegation.
3. Report allegation
Lewgally, clergy, paid church workers and in some cases lay people have reporting obligations.
Get advice from the Director PSU as to who, when and how.
Reports must be made to:
Community Services if there are reasonable grounds to suspect that a child is at current risk of harm because of:
a. physical or sexual abuse or ill-treatment;
b. serious psychological harm;
c. neglect.
PSU Contact Person if allegations relate to clergy, lay volunteer, paid church worker or person holding a position in the Diocese.
4. Take action to protect any child at risk and to deal fairly with the accused person
If a child is at current risk of harm, immediate suspension or removal of a lay church worker from a position (with due process for employees) will be required.
For clergy or person holding a position in the Diocese this will require PSU and the Archbishop’s action.
5. Arrange support for all persons concerned
Make provision for separate pastoral support for the person making the allegation or the alleged victim and the accused person.
Victims may require immediate specialist counselling or other support.
They also need ongoing contact, support and process updates.
Family and friends of both the victim and the accused person (after notification) may need specialist counselling or other support.
Other members of the parish may also need specialist support.
6. Report any disciplinary action
This reporting obligation arises at the conclusion of the matter.
All disciplinary action involving allegations of child abuse, sexual misconduct in the presence of or involving children, acts of violence at work or violence in the presence of or directed at children must be reported to the Commission for Children & Young People (CCYP).
An unsubstantiated allegation, prematurely aborted action, warning, reprimand or removal as a result of such allegation must be reported.
No report is required where the allegation is found to be false, vexatious or misconceived.
The accused person must be notified of this report.
Get advice from the Director, PSU on this issue.
7. Keep a record of all allegations and actions
Confidentiality is essential.
Keep notes and dates of relevant conversations.
Record what conclusions, if any, were reached and what action was taken.
8. If in doubt, get advice
Experience suggests that child abuse manifests itself in many different ways.
The best protection against child abuse is prevention
For all those working with children in your parish
1. Ensure that you know who they are.
2. For new or unknown people, undertake reference or other checks.
3. Obtain prohibited employment declarations from all who work with children.
4. Obtain SRE engagement form from school scripture teachers.
5. Screen new paid workers with Commission for Children & Young People.
6. Provide regular child protection training to all.
Conducting safe ministry to children
1. Train, support and monitor children’s workers.
2. Keep details and a regular roll of children who attend ministry events.
3. Define responsibilities and explicit behaviour expectations of leaders.
4. Plan activities.
5. Have a suitable gender balance of leaders.
6. Provide adequate leader coverage and supervision at activities.
7. Allow for shared, not individual leadership at activities.
8. Maintain clear boundaries between ministry and a leader’s private life.
9. Respect the privacy of children.
10. Develop an appropriate touching policy and practice.
Contacts
Professional Standards Unit (PSU)
Director (02) 9265 1514
Contact Persons 1 8 0 0 7 7 4 9 4 5
Request protocol & other document (02) 9265 1604
Chaplain to Victims (02) 9265 1500
Pastoral Care & Assistance Scheme (02) 9265 1500
Department of Community Services (DoCS)
Mandatory reporters 133 627
Voluntary reporters 132 111
Facsimile (02) 9633 7666
http://www.community.gov.au
Commission for Children & Young People (CCYP)
Phone (02) 9286 7220
Facsimile (for screening and reports) (02) 9286 7201
http://www.kids.nsw.gov.au
TAMAR (Towards a More Appropriate Response)
Anglican Victims Support & Advocacy (02) 9484 0174
Boundaries & Ethics Training (02) 9636 7937
Encompass Sex Offender Treatment Program (02) 9716 1400
Resources
Child Protection Guidelines – Diocesan Secretariat (02) 9265 1545
Safe Ministry Training – Youthworks (02) 8268 3344
Child Sexual Abuse & the Churches (02 8268 3344
(2nd Edition – Parkinson)
Behind Closed Doors DVD & Workbook (02) 9484 0174
(TAMAR)
Code of Conduct for Clergy 2005 (02) 9265 1604
– Faithfulness in Service – PSU
Reporting Sexual Abuse – PSU (02) 9265 1604
Safe Ministry – PSU (02) 9265 1604
Guidelines for Parishes - PSU (02) 9265 1604
Employment Relations Guidelines (20) 9265 1545
– Diocesan Secretariat
Guidelines for Parishes regarding sexual and child abuse offenders, and persons of suspicion
Introduction:
1. The Anglican Church in the Diocese of Sydney is committed to actively ensuring that every person attending the church feels safe.
2. At the same time, all people should be welcome to be a part of the church, including any generally referred to as persons of interest (i.e. POI means those who have been convicted, accused, are reasonably suspected of or have admitted to child abuse or sexual offences).
3. While considering how to balance these two concerns, any parish or church entity must have as its priority the protection of children and other vulnerable persons from abuse.
POIs also need protection from the opportunity to commit offences and from false allegations.
Individuals and groups need protection from the trauma wrought by abuse or allegations of abuse.
4. POIs may take some time to fully realise the implications of their actions. If hasty assurance of restoration is offered before such realisation, there is the risk that proper boundaries will not be set around the POI, leaving him not held accountable nor protected from himself. The consequences of an offence, the potential for ongoing risk and future offence must be borne in mind together with the need to give an all-encompassing protection to church members.
5. Given the priority of the protection of children and other vulnerable persons, it may be a necessary safeguard for all to impose restrictions on a person accused or suspected of child abuse, even though that person is innocent until proved guilty. If there emerges a level of certainty that any accusation is false, vexatious or misconceived, the restrictions may be lifted.
6. Prohibited persons, being those convicted of a serious sexual offence, are prevented from being in any child related position, i.e. any role which potentially involves unsupervised contact with children. This is legislated for and not negotiable. But such prohibited persons may still be members of a congregation. Processes and procedures must be put in place to ensure that children are protected. The prohibited persons must have clear boundaries as to where they can go and what they can do in the church context and they must be supervised and held accountable.
7. Similarly, persons accused or suspected of child abuse, even if not convicted, need clear boundaries as to where they can go and what they can do in the church context; they too must be supervised and held accountable.
Identifying persons who are potentially a risk:
8. The sources of information as to who might pose a risk to children and therefore who might need to be supervised and held accountable can come from:
i. the person themselves;
ii. friends or relatives of the person;
iii. a victim or a person who makes an allegation;
iv. Friends or relatives of a victim or person who makes an allegation;
v. public sources such as newspapers, other media or court reports;
vi. Police, Parole Boards, Department of Community Services (DoCS) or Department of Corrective Services;
vii. private information from third parties;
viii. records kept by the Professional Standards Unit (PSU);
ix. previous parishes or “employers” of the offender or suspect;
x. predecessor rectors or other members of church staff.
9. In New South Wales all preferred applicants for paid child-related positions must consent to a Working with Children Check conducted through the Commission for Children and Young People. Otherwise, to obtain information from police, court or other public records requires the payment of fees and consent from the person concerned.
NSW Police FOI: Form 3 – Application for Bail Report / Criminal Record Check of NSW records only ($30.00). Forms at http://www.police.nsw.gov.au Send to: The Co-ordinator Freedom of Information Unit Locked Bag 5102 PARRAMATTA NSW 2124 National Criminal History Record Check (NSW). ($50.00). Requires personal attendance at police station and 3 forms of identification. NOT available for child-related employment.
Australian Federal Police check: ($36.00). Forms at http://www.afp.gov.au Send to: AFP Locked Bag 1 Weston ACT 2611.
Court records: Apply to the court where the charge was heard.
10. In every case it is essential to verify exactly what you are dealing with. All sources need to be carefully checked. No action should be based on rumour or innuendo. Inevitably, checking will ultimately require communication with the POI concerned.
11. The PSU has a database which contains information on many POIs. Upon enquiry being made by a parish and subject to appropriate exercise of confidentiality and transparency, this information can be given to the parish.
12. At a diocesan level the Archbishop licenses clergy and stipendiary/paid lay workers. He is responsible for ensuring that they are suitable persons to be licensed. He can remove them only after due process and for specified and proved causes. The PSU on his behalf is responsible for ensuring that relevant parishes are aware of previously licensed persons who may now pose a risk to children or other vulnerable persons.
13. In the parish the rector/minister in charge has the power to appoint and remove almost all leaders and office-holders in the congregation. The churchwardens and the parish council can consult with him as he carries out his responsibilities. Effectively the rector/minister-in-charge is locally responsible, in consultation with the churchwardens and the parish council, for ensuring that POIs are supervised and held accountable. He and his delegates must keep their eyes and ears open for any POIs. They must take responsibility for ensuring that enquiries are made of the PSU and any other source if they have a concern. For its part the PSU will endeavour to ensure that information about POIs is communicated to the relevant parish and in particular to newly appointed rectors/ministers-in-charge. The PSU is a resource to advise and support the rector/minister-in-charge, churchwardens and parish council in the discharge of their responsibilities.
Action required upon confirmation of information:
Assessment of risk.
14. Having clarified the subject matter of the offences, allegations or suspicions it will be necessary to consider what risk the POI poses to children. Risk assessment may take into consideration a number of factors:
i. whether the concern arises from a conviction or finding, an accusation or a suspicion;
ii. the nature of any position (including non-child related position) in which the POI might be employed or engaged;
iii. the type of contact that any position has with children;
iv. the supervision which will be available;
v. the nature and frequency of the event or events from which the report arose;
vi. the circumstances in which an Apprehended Violence Order (where the protected person was a child) was taken out;
vii. requirements and conditions laid down in bail or parole orders;
viii. presence of victims/survivors in the congregation or parish and the effect that the presence of the POI may have on those victims including the possibility that the POI needs to be asked to attend a different parish or congregation;
ix. the level of understanding and willingness to co-operate of the POI of the requirement for the church to protect children and other vulnerable people;
x. the period of time since relevant offences were committed or allegations made; and
xi. any additional information which may be relevant in assessing risk.
15. There will be a level of risk requiring the application of the steps as set out in this document below to supervise the POI and hold them accountable in all of the following circumstances relating to child abuse or sexual misconduct:
i. criminal conviction;
ii. finding of criminal guilt without proceding to conviction;
iii. criminal charge;
iv. accusation, allegation or complaint currently under consideration;
v. accusation, allegation or complaint which is not false, vexatious or misconceived;
vi. admission by POI.
16. Prohibited persons are never used in child-related positions. Prudence also requires that a risk assessment also be undertaken in relation to a POI who is the subject of an allegation even if it is still unsubstantiated. Depending on the level of risk it may be prudent not to use the such a POI in a child-related position.
17. An assessment of risk may result in forming a reasonable suspicion that a child is currently at risk of harm and therefore require reporting to DoCS. The voluntary reportline telephone number is 133 627. The mandatory reportline telephone number is 132111.
Negotiation and setting of boundaries
18. A common characteristic of POIs is their failure to understand why their movements or activities in a church context should in any way be constrained. They will often minimize their past and be overly optimistic about their future. It is important to work with them pastorally to encourage them to see the mutual benefit in keeping them away from contact or potential contact with children. Children will be safe. Parents and the congregation will have confidence that children are protected. The POI will be protected from any opportunity to offend and the possibility of false allegations.
19. If a POI is regarded as of higher risk than average, he / she must not be involved in any positions of leadership or authority. They must not participate in any “up-front” activity including but not limited to greeting visitors at the door, taking up the collection, reading lessons or leading prayers. To allow such activity can suggest apparent endorsement which might be used by the POI to the disadvantage of children or other vulnerable persons. Any variation to this would only be after a lengthy period of treatment and upon advice from the treating practitioner, confirmed by the Director PSU and a majority of advisors appointed under clause 16 of the Church Discipline Ordinance 2002 (“the Ordinance”) who have considered the matter including the matters contained in clause 18 of the Ordinance.
20. The setting of boundaries for the POI should include a clear written statement of:
i. which services / activities he / she may / may not attend. In extreme cases of high risk, consideration should be given to complete exclusion from parish activities altogether;
ii. the buildings and rooms the POI may go into;
iii. the times the POI can be on church premises;
iv. who the POI may associate with at church;
v. the supervision and accountability which has been put in place.
Recording arrangements for supervision, accountability and support
21. In the case of a POI who is subject to supervision, the rector should write / cause to be written a clear record of the arrangement that has been agreed. This should be signed and dated by the POI, the rector, the churchwardens and the mentors. A copy of the record should be provided to the PSU written 10 days and should include:
i. Acknowledgement of past conduct or allegations and consequent risk;
ii. Acknowledgement of the need for others to be informed of the risk; e.g. key leaders, parents;
iii. Undertaking to participate in treatment;
iv. Definition of boundaries;
v. Undertaking to abide by boundaries;
vi. Nomination of mentor/s;
vii. Statement (if relevant) as to the relationship between this agreement and any supervision by the Probation and Parole Service;
viii. Agreement to meet regularly with mentors;
ix. Acknowledgment of consequences of failure to comply i.e. exclusion;
x. Undertaking to notify of attendance at or move to another parish;
xi. Permission from the POI for information to be passed on to the PSU and to another parish in the case of transfer;
xii. Willingness to participate in reasonable restorative justice processes or counseling which may aid the healing of victims/survivors.
22. In cases where the POI refuses to co-operate but remains a member of a congregation, a letter setting out boundaries, stating consequences of a breach, identifying mentors and offering support should be provided to the POI in place of a signed record of arrangements. A copy such a letter should also be provided to the PSU.
23. A template Memorandum of Understanding is provided.
Appointment of mentor/s
24. There should be at least two persons who undertake the task of being mentor. Whilst the rector/minister-in-charge can undertake the task it is preferable to have other persons involved with the rector acting as their supervisor. They need to:
i. be recognised as appropriately gifted, experienced and respected congregation or parish leaders ;
ii. understand the nature of offenders (refer Faithfulness in Service 5.17);
iii. understand the demanding and onerous nature of the task;
iv. be prepared and available to meet with the POI at least fortnightly;
v. attend church services and activities at the same time as the person;
vi. be of an appropriate gender in relation to the POI;
vii. report regularly to the Rector on the progress of the POI.
Implementation of supervision and accountability
25. It will be necessary to inform preferably in writing or orally (with notes kept of the interview) key leaders and parents of any perceived risk either orally or in writing. There should be sufficient information provided so that it is clear what risks are involved. This should be carried out sensitively. Expressions such as “X is considered a risk to children” or “X has agreed to remain away from children” are preferable to “X is a paedophile”. If possible the consent of the POI should be obtained.
26. Mentors and other senior leaders e.g. churchwardens, should be aware of the boundaries that have been set and agreed upon. There should be a system in place to ensure that the POI is monitored at all times during church services and church activities.
Review of supervision and support
27. The rector/minister-in-charge must ensure that at least every three months he meets with the POI being supervised and held accountable, the mentors and key leaders to ensure that the boundaries are being adhered to, the POI is coping and continuing in treatment and to get feedback as to any change in the level of risk.
28. Where there is a change in the level of risk because of the POI’s re-offending or failure to comply with the arrangements there needs to be a careful re-evaluation, re-negotiation and variation of the boundaries and if necessary the agreement. Any additional risk may constitute a further reasonable suspicion that a child is currently at risk of harm and therefore may require further reporting to DoCS.
Inter-Parish, Diocesan and Inter-agency Co-operation
29. Rectors/ministers-in-charge need to be committed to ensuring that they inform the PSU of all situations where a POI is a risk. They also need to pass on to any other parish or congregation to which the POI transfers full details of the risk and to the PSU the fact of any transfers or departures.
30. The Registrar will inform the PSU of all appointments of rectors/ministers-in-charge. The PSU will ensure that the Archdeacon informs the incoming appointee of the POI and the and level of risk.
The Police (and only the Police) have the capacity to apply to the Local Court for orders prohibiting certain offenders who pose a risk to the lives or sexual safety of children from engaging in specified conduct. This process should be considered where arrangements such as that set above do not work. The Court has to be satisfied that there is reasonable cause to believe, having regard to the nature and pattern of conduct of the person, that the person poses a risk to the lives or sexual safety of one or more children, or children generally, and that the making of the order will reduce that risk. They must consider a number of factors and hear from the person against whom the orders are proposed to be made.
[TEMPLATE]
[Square brackets indicate choices that need to be made and possible additions/deletions for the particular circumstances of the case]
Memorandum of Understanding
between Mr/s [.........] and the Anglican Parish of [name] (the Parish).
The purpose of this Memorandum of Understanding is to protect children [and other vulnerable people] in the Parish of [name] from [child abuse] [sexual misconduct] by [name]; and to ensure that he/she is not provided with opportunities in the parish which may lead to his/her [re-offending] [offending].
We all agree as follows:
1. We recognise and celebrate God’s forgiveness and grace through Christ and affirm that all people are loved by God and are called into relationship with God and God’s people.
2. We acknowledge that the Church has a duty of care towards children and young people in the Church; and that we seek to ensure they are safe and protected from harm.
3. We acknowledge that [.........] has [offended in the past] [and that he/she has been convicted of offences involving children or other vulnerable persons;] or [has been charged with such offences and is awaiting court proceedings] or [has had allegations made against him/her which have resulted in concerns for the safety of children or other vulnerable people] [set out particulars].
4. We note that [.........] wishes to worship in the Anglican Parish of [name].
5. We all acknowledge that this Memorandum of Understanding (MoU) sets out the appropriate arrangements to ensure the safety and protection from harm of children and vulnerable people in the Parish and commit ourselves to abide by its provisions.
[.........] agrees as follows:
6. [.........] agrees not to have any role in the Church that will involve children or take any leadership role in any group or activity in the Parish that may involve children.
7. […….] agrees not to nominate for or stand for election or to accept appointment to any leadership position in the Church.
8. [.........] agrees not to attend any Parish activity or camp being held away from the parish property where children may be present, [unless he/she has family and children who will be attending,] and supervision arrangements have been approved by the [Rector/Curate in Charge] (the “Minister”).
9. [.........] understands that the details of the general arrangements may be made available to people in the Parish; and details of the MoU made available to those who may be asked to care for him/her; and to future Churchwardens and Ministers of the Parish.
10. [.........] will notify the Minister if he/she joins any other parish, congregation or ministry unit in this or any other Anglican Diocese or other denomination.
11. [……..] will attend only the worship services nominated and agreed to at the commencement of this MoU.
12. […….] agrees to meet any requirement placed on him/her by any parole agreement, and will not behave in any way which may place a child in the community at risk; and will seek professional assistance if any breach of this MoU or the parole agreement is likely.
On behalf of the Parish, the Church Wardens and the Minister agree as follows:
13. The Parish accepts [.........] as a member of the Parish community [and encourages him/her to use his/her gifts in the Parish].
14. The Parish agrees that [.........] will be cared for at all times while in the Church precincts and that he/she will never be placed nor place himself/herself in a situation where he/she may be alone with children.
15. The Parish agrees that there will always be at least two adults present if [.........] is attending any church activity at which child-related activities may take place; and that he/she will never be left alone with children of any age.
16. When [.........] leaves the Parish for whatever reason, […..…] and the Churchwardens or the Minister will notify the Director of Professional Standards (the “Director”).
We all further agree as follows:
17. We all agree that if any of these conditions are breached, [.........] will no longer participate in Parish activities and cease to participate in the activities of the Church until he/she has entered into a MoU in similar terms with another Parish.
18. We agree that if there is any complaint made by any child or adult regarding [child abuse] [or sexual misconduct] that it will be reported to the Director immediately and may be reported to the police and the Department of Community Services.
19. The operation of this MoU may be reviewed by the Minister and the Church Wardens from time to time; and will be reviewed at least each twelve months.
20. The Director may from time-to-time liaise with officers of government departments [including the Probation and Parole Service of NSW] to further the aims and objectives of this MoU.
21. There must be a full report of the progress of the MoU each twelve months by the Minister or Churchwardens to the Director.
Name/Position
Signature
Date
[Person]
Minister
Churchwardens
Distribution:
Director of Professional Standards (original)
Rector (for the Parish)
Church Wardens
Mr/s [.........]
Guidelines, Policies etc.
These are downloadable PDF versions of the safe ministry documents. Most of this information (apart from forms) is available to read online under the “resources” tab.http://www.psu.anglican.asn.au/images/uploads/100_points_identity_check_2008.doc
Guidelines for Parishes
Guidelines for Parishes regarding sexual and child abuse offenders and persons of suspicion in the Anglican Church Diocese of Sydney
Checklist
Checklist for dealing with child abuse allegations in the Anglican Church Diocese of Sydney
Care Leavers Response
Response by the Anglican Church Diocese of Sydney to people leaving institutional care provided under the auspicies of the church
ALL appointments for CHURCH WORKERS (paid and volunteer) must have a 100 Point Identity Check completed. Copies of the identity documents used to reach or exceed 100 points must be kept on your files.
Please use the Children’s Commission form which can be found at:
WWCC 100 Point Identity Check
The Diocese’s explanatory information for a 100 Point Identity Check is located at:
100 Point Identity Check
Ordinances
Ordinances are the formal records of the rules governing the Sydney Diocese of the Anglican Church. The ordinances which cover safe ministry are:
The Anglican Church Diocese of Sydney is committed to the physical, emotional and spiritual welfare and safety of all people, particularly within its own community. To ensure the safety of children and vulnerable people in our communities, the Anglican Church Diocese of Sydney , in conjunction with the Anglican Church of Australia, will -
• Carefully recruit and train its clergy and church workers,
• Adopt and encourage safe ministry practices by its clergy and church workers,
• Respond promptly to each concern raised about the behaviour of its clergy and church workers,
• Offer pastoral support to any person who has suffered abuse, and
• Provide supervision of and pastoral accountability (within the context of the ministries, locations and activities of the parish) to any person (who is a member of a congregation and) who is known to have abused a child or another vulnerable person.
Note this policy is individually adopted by every parish within the Anglican Diocese of Sydney (see Safe Ministry)
Apology
I, Peter F Jensen, Archbishop of Sydney, publicly reaffirm the church’s abhorrence of abuse and misconduct by clergy and church workers.
I apologise on behalf of the church to every person who has been the subject of abuse or misconduct by a member of the clergy or a church worker. You should not have had to suffer such an experience. I am both angry and ashamed that it happened at all and especially in the context of the Church.
I commit myself and the Anglican Diocese of Sydney to giving these issues a high priority. Unless dealt with properly, they will remain a barrier to mission by alienating people from the good news of Jesus Christ. I will continue to take an active role in ensuring that the Diocese gives priority to responding to abuse and misconduct as well as putting in place policies and practices which protect everyone and the vulnerable in particular.
Issues of child abuse and sexual misconduct generally within the Anglican Church have, in the recent past, been widely reported in the public media. I want to reaffirm our abhorrence of such behaviour. There is no doubt that we must continue to maintain a culture of rejection of sexual misconduct and abuse of children within this Diocese as we remain true to biblical standards of morality.
The Bible teaches that children were a special concern of the Lord Jesus. May I remind you of the words of Mark 10 verses 14-16. Let little children come to me and do not hinder them for the Kingdom of God belongs to such as these. I tell you the truth, anyone who will not receive the Kingdom of God like a little child will never enter into it. And he took the children in his arms, put his hands on them and blessed them. In the whole biblical record there is a special concern for the vulnerable, the weak and the needy, especially children. This wealth of biblical teaching mandates our own personal behaviour and attitudes, and those of our congregations, their leadership and the Church. Indeed, there is a special biblical demand on those in Christian leadership, for example, in 1 Timothy chapter 3.
Because of the biblical mandate, any misconduct by clergy or a lay leader must be viewed with very great seriousness and action taken immediately. Our procedures are intended to be both fair to all parties and compassionate. Whilst the gospel clearly allows for forgiveness for any wrongdoer, the consequences of sexual misconduct or abuse by church leaders in most cases will result in them being unsuitable to hold office.
The whole issue of abuse and sexual misconduct has been high priority for me from the time I assumed office as Archbishop of Sydney. Immediately I sought to review the procedures which were already in place in the Diocese. Considerable time was spent in this review. I consulted with representatives of victims, experts in the area of child abuse, welfare and counselling professionals and lawyers. I then received a detailed report from the Director of our diocesan Professional Standards Unit, which outlined improvements especially in communication and care for victims. I will continue to see these procedures are reviewed. A Safe Ministry Board has been established to ensure that this happens.
The Diocese of Sydney has already responded fully to the shortcomings identified in the findings of the Wood Royal Commission. The Synod passed rules in 1996, updated in 2002 and 2006 (the Discipline Ordinance 2006) which provide a mechanism for allegations and complaints to be dealt with and wrongdoers to be removed from their positions in the Church. Synod has also allocated significant funds to allow for the establishment of the Professional Standards Unit which deals with these matters. There is a system of reporting, investigation and consideration. I am confident we have set up procedures which will review and act immediately upon any allegation which comes before us. The protection of children and other vulnerable people will be given priority whilst also ensuring that the rights of Respondents are appropriately protected.
An important part of the processes was the establishment of independent Contact Persons, who are not church employees, and who can be reached by telephone. Each of them is a professionally trained counsellor who will listen to victims, and endeavour to assist them decide what action they want. The existence of these Contact Persons is advertised every month in Southern Cross Newspaper so that these avenues of accessibility are always kept before the people of the diocese. There is an abuse report line 1800 77 49 45 and the possibility of e mail contact at . There is also a comprehensive process in place to ensure that those who disclose matters to the Church are supported.
I want to pay particular tribute to a group called TAMAR (Towards a More Appropriate Response). These Christian women - survivors of abuse, family, friends and supporters - were significant over recent decades in prophetically calling the Anglican Diocese of Sydney to account for abuse within the Church. The responses, practices and procedures which they called for and recommended have now occurred, in no small part because of their advocacy. On behalf of the Diocese I want to honour them, acknowledge that the Church is in their debt and give thanks to God for their courage and persistance.
All parish leadership are encouraged to ensure that these procedures and resources are made known and understood by everyone. I want us always to meet in a church culture which allows every person who considers that they have been a victim of sexual misconduct or abuse to report the matter and have every confidence that they will be heard.
Our policies, procedures and practices must remain under review to ensure that they are efficient, fair, compassionate and effective.
We must pray continually for those who have been victims of abuse and sexual misconduct. Again I emphasise the great concern that we have for the victims of all forms of abuse, and especially children. We should pray, in the midst of these events where the whole Church is under scrutiny in the public arena, that God’s name will be glorified and opportunities will arise for people to hear the saving Gospel of the Lord Jesus Christ.
With my very best wishes
Yours sincerely,
Peter F Jensen
Archbishop
What support will I get if I report?
Counselling is provided to victims and others affected by the abuse. This is paid for by the Church.
A Chaplain/Counselling Co-ordinator oversights care for victims, their families and anyone else affected by abuse. She can be contacted at (02) 9265 1500 or by e mail.
A care and assistance scheme is in place as an alternative to litigation to provide for financial assistance to victims to meet their needs which arise from the abuse or misconduct. It includes a mechanism for external independent assessment if necessary.
Click here for more information
A summary of the procedure when you do decide to report abuse is as follows:
Documentation
1. The Contact Person will:
• explain and answer any questions you may have,
• assist you to record in writing what happened.
If a child abuse or a criminal offence is alleged, the Department of Community Services or the Police will be notified (see below).
Investigation
2. The allegations may be independently investigated further.
This will include disclosing the allegations to the person agianst whom they are made and obtaining a response from them.
Consideration
3. The will administer the consideration of your 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 person complained against at the time of the conduct,
(g) for clergy – whether the person was a member of the clergy at the time of the conduct, or
for non-clergy – the position held or function performed by the person 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 person complained against has made any reparation for and, if so, the nature and extent of the reparation,
(k) any other offences committed by the person complained against,
(l) whether any part of the conduct has previously been disclosed by the person complained against,
(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 person complained against.
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.
The Professional Standards Director is in regular contact with the NSW Police as a member of the NSW Police Child Protection and Sex Crimes Squad Advisory Council, which is part of State Crime Command.
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.
Report abuse
How do I tell someone?
If you wish to speak to someone about abuse that has happened in a church or by someone involved in a church please contact one of our Contact Persons.
Please ring the AnglicanAbuseReportLine on:
1800 774 945 or
The AnglicanAbuseReportLine will give you some further information about the process and the Contact Persons’ details and locations. You can be put through to the Contact Person who you choose.
This information also appears in the Southern Cross newspaper.
You may like to make contact with a Contact Person through e mail by clicking on the following link:
The decision to speak to someone about abuse by a member of the clergy or a church worker is often not easy. It may involve telling things you would rather not disclose. You may be concerned for others, and for yourself. The Contact Person will take time to talk to you, anonymously if you wish, about your concerns and your options.
Pastoral Care and Assistance Scheme FAQ’s
If you have been the victim of child abuse or sexual misconduct by a church worker in the context of or related to their church role you may be eligible for pastoral care and assistance (including payment for counselling and other financial assistance) from the church. The information provided below answers some frequently asked questions about accessing such pastoral care and assistance.
Will the church pay for my personal counselling?
Yes. If you were the victim of child abuse or sexual misconduct by a church worker the church will pay for an initial period of counselling and may negotiate, after an agreed period, for it to continue.
To arrange for counselling or other assistance, contact the Chaplain/Counselling Co-ordinator, Professional Standards Unit on (02) 9265 1500 or
What can I claim financial care and assistance for?
You can claim financial assistance for:
your needs arising from the event listed in the Schedule of Financial Assistance which will promote your healing;
Reasonable medical and related expenses.
What is not covered by the Pastoral Care and Assistance Scheme?
You cannot claim financial assistance where:
The child abuse or sexual misconduct was not perpetrated by a church worker;
A claim of child abuse or sexual misconduct cannot reasonably substantiated because of insufficient evidence;
The child abuse or sexual misconduct is unrelated to the church worker’s role or position as a church worker;
The child abuse or sexual misconduct did not cause any loss that may require financial assistance - except that some counselling may still be paid for.
What is child abuse or sexual misconduct?
Child abuse is sexualized or abusive behaviour by a church worker towards a person under the age of 18 years.
Sexual abuse of an adult is sexual behaviour towards an adult by a member of the clergy or church worker where that behaviour is:
- a criminal offence (i.e. sexual assault),
- harrassment or
- in the context of a pastoral or supervisory relationship.
Who is a church worker?
A church worker is a member of the clergy (ordained as bishop, priest or deacon) in the Anglican Church Diocese of Sydney and any other person, paid or voluntary, who has a position or holds an office in the Anglican Church Diocese of Sydney or ANGLICARE.
How do I make a claim?
Applications for financial assistance may be made on the form Application for Pastoral Care and Support. An application form can be obtained from the Professional Standards Unit (02) 92651604 or . Once completed, you should send your application to the Claims Counsellor at the Professional Standards Unit who will be glad to assist you in completing the forms if you so require.
How can a child make a claim?
If the victim is a child, an application for care and assistance can be made by the child or on the child’s behalf. It may not be possible to finalise the claim whilst the child remains under age.
Will my privacy be protected?
Generally and as far as practicable, the material provided by you in relation to a claim will not be released to persons not involved in assessing the claim. However, we may be required to produce documents to a court. We may also need to inform the church worker.
Although the church worker does not participate in the assessment process, if there are disciplinary proceedings, some information relating to the allegations will need to be made available to the church worker. If the church worker is asked to make a monetary contribution, they will become aware of any financial assistance provided to you.
Will the church worker have to pay?
If the church worker has a finding made against them in disciplinary proceedings and is in a position to contribute, we will ask them to make a monetary contribution. You do not have to be involved in this process.
Who will determine the level of assistance to be provided?
The claims counsellor will explore with you the financial assistance which will meet your needs arising from the child abuse or sexual misconduct. If agreement can be reached a payment will be offered to you.
If agreement cannot be reached an independent panel will assess your application. The panel will be independent of the church, the victim and the perpetrator and consist of a senior lawyer and a senior psychiatrist or clinical psychologist. The panel will assess what it considers to be appropriate financial assistance and the church may either accept or reject the assessment. If the Diocese or ANGLICARE accepts the assessment it will offer you that amount of financial assistance and you may either accept or decline the offer.
Will I be prevented from going to court?
Making an application and participating in the scheme does not prevent you from later going to court. However if you accept an offer of financial assistance you will be asked to sign a release which will finalise the matter between you and the Diocese or ANGLICARE.
Will I be required to not talk about the child abuse or sexual misconduct if I accept financial assistance?
Participating in the scheme or accepting financial assistance will not prevent you from telling your story. Any deed of release will make specific reference to your continuing right to tell your story.
What information or evidence will I need to provide?
You will need to provide evidence in support, such as personal statements, witness statements, receipts or accounts for expenses arising from the child abuse or sexual misconduct, hospital records, medical reports, psychological or psychiatric reports or any other proof of any past or continuing needs.
If you are claiming physical abuse, the physical injury may be minor, but must be more than transient or trifling.
If your claim is for a Category B chronic psychological or psychiatric disorder that is severely disabling you will need to see an approved report writer. Information can be obtained from the Professional Standards Unit (02) 9265 1604.
Can my counsellor write a report for my claim for financial assistance?
Yes. You may ask your counsellor to write a personal impact report in support of your claim for financial assistance. If your counsellor is qualified to make a diagnosis of psychological or psychiatric disorder they may also provide a formal psychological impact statement.
How much will I get?
This will depend on the event and its effects on you, your needs arising from the event, and the scales outlined in the Schedule of Financial Assistance. The maximum amount able to be provided to you is $75,000.
How will the assessment be made?
The assessment panel will determine, if it has not already been substantiated (by disciplinary, civil or criminal proceedings or by an admission by the perpetrator which has been accepted as the truth by the Diocese or ANGLICARE) whether there was child abuse or sexual misconduct
If it is determined that child abuse or sexual misconduct occurred, the panel will determine which event category (1, 2 or 3) in the Schedule of Financial Assistance your application falls into, based on the supporting evidence. It will then make an assessment of the severity of the event, including the need for counselling, up to the maximum amount for the particular category.
If you claim a chronic psychological or psychiatric disorder the panel will also make an assessment of your needs based on the psychiatric or psychological effects arising from the child abuse or sexual misconduct, up to the maximum amount for the particular effects category (A or B).
The two assessed figures, event and psychological or psychiatric effects of child abuse or sexual misconduct, will be added together for a recommended payment of financial assistance but together will not exceed $75,000, which will include all the costs of counselling, other financial support provided and all other financial needs claimed.
Can I state what category of event or effects I think should be assessed under?
Yes, you may indicate in your application which category you think is appropriate. You may also indicate what you think is an appropriate amount within the range of the category. You should explain your reasons clearly, and provide evidence in support. For example, you can explain the needs that arise for you from the child abuse or sexual misconduct, so that the assessment panel can have a full understanding of all your circumstances. The assessment panel will consider your submissions at the time that your claim is assessed. The Claims Counsellor will assist you in this if you so require.
How does the assessment panel decide how much assistance to recommend?
In considering what amount of financial assistance to recommend within the range of the relevant category, the assessment panel will take into account all relevant factors including:
your needs which arise from the child abuse or sexual misconduct;
your age;
the facts, extent, nature and circumstances of the child abuse or sexual misconduct;
the relationship, if any, between you and the church worker;
your particular disability or vulnerability if any; and
the effect of the child abuse or sexual misconduct upon you.
The assessment of your claim will depend on your needs arising from the circumstances of the child abuse or sexual misconduct and the evidence you have provided in support of your claim.
Where can I get more information?
You can contact:
The Claims Counsellor
Professional Standards Unit
Anglican Church Diocese of Sydney
First Floor St Andrews House
Sydney Square Sydney NSW
PO Box Q412 QVB Post Office
Sydney NSW 1230