must be referred to an independent assessment by the Director of Professional Standards.

Whilst an accused cleric rightfully expects to have the support of his brothers with whom he shares the sacrament of order and ministry in the Diocese or the members of his religious community, in some cases these relationships can be fractured by a complaint. ln all situations, the principle that a person is presumed innocent until proven guilty must prevail.

Conclusion

Not every serious violation is a crime. The definition of crime in both canon and the civil .law _is a matter for precise description. Some serious breaches of morality are not cnmmal m any sense, but for the Church which promotes moral rectitude, behaviours such as these critically undermine the Church' s mission, and although not criminally actionable they are known to be gravely immoral and lacking in personal integrity.

Contact Details

Contact details to seek information about canon lawyers and civil lawyers who may be available to assist a cleric against whom a complaint is made are:

National Committee for Professional Standards PO Box 7132, Alexandria. NSW 2015 Phone 02 9669-6218 Contact Executive Officer: angela@ncps.org.au; timmsc@ncps.org.au

Canon Law Society of Australia and New Zealand. PO Box 44 Thirroul NSW 2515 Web www.clsanz.catholic.org.au Contact the Secretary: secretary@clsanz.catholic.org.au

Australian Confraternity of Catholic Clergy Box 8004 North Road LPO Brighton East VIC 3187 Web www.australianccc.org Contact the Secretary: acccsecretariat@gmail.com

National Council of Priests PO Box 295, Belmont VIC 3216 Phone [03)5244 3680 Web www.nationalcounciloforiests.com.au Contact: national .office@ncp.catholic.org.au

NCPS: Towards Healing: Quick advice for clergy. November ZOIZ. Pag~ 14

-National Cummittu for a'rojessiona£ Starufartfs

TOWARDS HEALING

QUICK REFERENCE FOR ACCUSED CLERGY

CT JH.0001.001.0251

It is acknowledged that complaints of abuse against Church personnel are a most serious matter as they relate to that special position of trust and authority which clergy, both diocesan and religious, have in the exercise of their priestly or diaconal ministry. The Church's response to such complaints has been established in Towards Healing, which was revised in January 20 I 0. Whilst all clerics should be familiar with the principles and procedures of Towards Healing, the purpose here is to provide a quick reference for a cleric who is accused of abuse.

If a cleric is accused of abuse

lt is strongly recommended that the accused cleric obtain the services of a canon lawyer as soon as possible. The parties to the Towards Healing process have certain rights which are to be respected and protected. For this reason it is important at all stages of the process to have independent legal advice. ' The advice shall normally be at the accused ' s expense, although the Church Authority may exercise discretion to make loans or to reimburse an accused for reasonable legal expenses if he or she is unable to afford legal assistance."[To\l"ards Healing 38.6] Contact details to seek information about canon lawyers or solicitors to assist the cleric are given below.

It is recommended that the cleric use his best efforts to cooperate with the Church Authority and those conducting the Towards Healing process. One difficult issue for a cleric who has been accused of abuse is the possibility that his good name can be called into question. Care is to be taken that the investigation of the complaint does not call into question anyone's good name.

Towards Healing 38.10 makes provision for the Church Authority to require the accused cleric to stand aside from any office he may hold. Standing aside from office while the investigation is undertaken is not a resignation from that office. Furthermore, no admissions of any kind are implied by standing aside.

If the uccust:d cleric stands asid~ from umc~ and the public exercise of his ministry, he continues to receive his normal remuneration and other entitlements, and if he is not pennitted to remain in his place of residence other appropriate arrangements are to be made by the Church Authority.

Dealing with the complaint

The procedures of Towards Healing apply only in the following tl1ree cases:

• the complaint does not concern a criminal matter;

NCPS: Towards Healing: Quick advice f or clergy. No1•ember ZO I Z. Page II

• the complainant has cho en not to report the matter to the police or other c ivil authority and wants to proceed under Towards Healing;

• or the civil authorities have decided not to take further action under the criminal law or child protection legislation [Towards Healing 38. 1].

However bear in mind that whether or not the complainant wishes the matter to be reported mandatory reporting laws oblige in some jurisdictions and must be complied with.

If the complaint is to be dealt with in accordance with the civil law, it will be necessary for the accused cleric to obtain also the services of a solicitor. In such circumstances the cleric ought to cooperate with the Police or other civil agency. There are significant differences between allegations of child or adolescent sexual abuse and adult boundary violations, whether they are homosexual or heterosexual. lf the complaint is to be dealt with in accordance with the civil law, the Church Authority cannot bring the mauer to the auention of the accused cleric, or inform him of the police investigation that will follow. In this circumstance, the accused clenc may not be aware of the complaint until charges are laid.

lf the complaint concerns a crime [offence/delict] in canon law, it is dealt with in accordance with canons 1717-1728. However, if it concerns the crime of abuse of a minor under eighteen years of age [canon 1395 §2], it is investigated in accordance with canons 1717-1718, and if judged to be credible the matter must be referred to the Congregation for the Doctrine of the Faith. In either case, the accused cleric requires the services of a canon lawyer.

Being informed of the complaint

Whenever the Church Authority receives a complaint against one of his clencs tt can create a difficult situation for both of them. As soon as possible after the Church Authority has received the complaint, the accused cleric is to be informed of the nature of the complaint. He is to receive sufficient detail about the complaint, and the person who was allegedly abused, to be able to offer a response [Towards Healing 38.5]. After the accused cleric is informed of the complaint he must not have any direct or indirect contact 'vith the complainant and he should comply at all times with this requirement.

The cleric has the right to appoint a support person who e role is to represent his needs to the Church Authority and to assist, where appropriate, with the care of the accused and with communication between the accused, assessors and the Church Authority [Towards Healing 38.7]. It is important that the accused cleric chooses his support person carefully. The support person cannot be the accused cleric ' s confessor, therapist, Church Authority, or canonical advocate. The cleric ought not to atlend the meeting with the Church Authority or his delegate at which he is informed of the complaint without his support person also being present.

As the purpose of this meeting is to inform the cleric of the complmnt, it IS important that he listen carefully to the details provided and ask questions of clarification if necessary. It is strongly recommended that the accused cleric request the detail of the

NCPS: Towards fieali11g. Quick advzcefor clugy. No,·ember 2012 Pug 12

CT JH.0001.001 .0252

complaint in writing. If possible the accused cleric ought to take notes; in this matter the support person should be of assistance.

The purpose of this meeting is not for the accused cleric to make his formal response to the complaint but to hear what it is. Therefore he should not offer any comment on the complaint. The cleric ought to contact his canon lawyer immediately after being informed of the complaint so that they can discuss all mailers relevant to the complaint prior to the cleric making his response.

Responding to the complaint

The Church Authority is obliged to seek the response to the complaint from the accused cleric, whose right of defence includes the right to respond to the evidence presented to him and to present his own evidence. The cleric is free not to participate in the investigation process.

The cleric's response will be sought by way of a personal interview [Towards Healing 40.4]. At this interview and any subsequent interview if such is necessary, the cleric should be accompanied by his canonical advocate and his support person. An oath cannot be administered and the cleric is not bound to admit to the complaint.

The cleric ought not to make any admission without understanding all the implications, in canon law or the civil law, of such an admission, now or for the future. It is important the cleric is aware that even innocent comments or an appearance to concede to events less serious than the complaint could be construed at a later time to demonstrate the cleric's lack of appreciation of the seriousness of the mauer.

If the cleric declines to be interviewed, he is to be given the opportunity to provide a written response [Towards Healing 40.4]. In the preparation of a written response, the cleric should have the assistance of his canonical advocate.

Documenting the process

It is recommended that the accused cleric keep his record of the process and document any contact with the Church Authority. Keep all these documents in chronological order and do not annotate them. Add new entries if any alterations are required. Such documentation may be important should the accused cleric request a review of the process and its findings [Towards Healing 44].

The accused cleric and his Church Authority

The relationship between the accused cleric and his Church Authority, if a complaint is received and is to be investigated, may mean that the spirit which ought to mark the relationship is harmed and certain conflict arises.

The Church Authority, whilst ensuring his cleric is supported must be, and be seen to be, impartial in respect of both the accused cleric and the person allegedly abused by him. The Church Authority cannot defend his cleric and the complaint against him

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