New laws to force priests to report child sexual abuse

Queensland lawyers have welcomed legislation that would see priests jailed for failure to report child sexual abuse made known to them through confessionals.

Naomi Neilson • 10 September 2020 • Big Law

New laws to force priests to report child sexual abuse

New laws passed through the Queensland Parliament will force members of the clergy to report child sexual abuse allegations told to them through the confessional to police. If they refuse to do so, priests could face up to three years behind bars.

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This legislation will ensure that religious institutions and their members no longer have the right to use the sanctity of the confessional as a defence or excuse for not reporting child sexual abuse matters. The law will apply to information that is received from now on and applies to any abuse that may have occurred in the past.

Maurice Blackburn head of abuse law Michelle James noted it was a recommendation of the royal commission and commended Queensland for acting on it.

“Plenty of professions, including doctors and health professionals, have long had their obligations to report instances of abuse,” said Ms James. “Sadly however, the Catholic Church and others have continued to stubbornly resist this important reform.”

Police Minister Mark Ryan said the laws would ensure better protection for vulnerable children and that no “one group or occupation is being singled out”.

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Ms James added that there is “absolutely no excuse” for Catholic Church clergy to not be held to the same standards in ensuring the safety of children is a priority.

“The position of the Catholic Church resisting such changes is untenable. No institution should be above the law,” Ms James said. “We also know from the royal commission that failures to report abuse and to act on complaints were key factors in allowing the systemic abuse to occur, sometimes for decades.

“The safety of children must come first.”

Naomi Neilson

Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.

You can email Naomi at: naomi.neilson@momentummedia.com.au

Dale Monday, 14 September 2020

I'm still not clear how this could be enforced. There are only ever 2 people in confession. How could anyone prove what was or wasn't said? Its one persons word against another.

0
- Pete Tuesday, 15 September 2020
  
  The same could be said for doctors or any other professional who is told something in private and in confidence. The point is, it is not putting "one word person's word against another".
  The purpose is to address the situation where, say a child tells Priest B that "Priest A touched me", then Priest B is under an obligation to inform the police, rather than stay silent and protect his mate.
  After that, it is up to the police and judicial system to investigate whether anything actually happened between the child and Priest A.
  Of course, it is not limited to priests behaving badly. The same obligation applies if the allegation is against any person.
  
  0
Anonymous Sunday, 13 September 2020

It does put the priests in an impossible position. It essentially proscribes the practice of the Catholic faith. The seal of confession is an essential part of the sacrament. The Catholic Church in Australia doesn’t have the power to just alter the sacrament. To do so would completely undermine the sacrament- the whole idea is that you are confessing directly to Christ. Priests have died in many countries for the seal- unlikely that they will capitulate now. Fr Frank Brennan has explained this stuff quite well.

0
- Pete Monday, 14 September 2020
  
  There is a Tim Minchin song which explains quite well why the belief in an imaginary sky-friend should not prevail over the rule of law.
  
  1
  - Anonymous Tuesday, 15 September 2020
    
    Whose law? God’s or Man’s?
    
    0
  - Diogenes Tuesday, 15 September 2020
    
    Then thank goodness for s. 113.
    
    0
    - Pete Wednesday, 16 September 2020
      
      Indeed, as a Perthling, I wouldn't want the Queensland government dictating how and when I can drink my Bundy rum, just because it is made in Queensland.
      I'm not quite sure what s.113 has to do with Catholic rapists though.
      
      0

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