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Child Protection and the Anglican Church of Australia

Published online by Cambridge University Press:  05 January 2009

Garth Blake
Garth Blake
Affiliation:
gblake@wentworthchambers.com.au
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Abstract

In the last decade the sexual abuse of children by some clergy and church workers in the Anglican Church of Australia has become a serious public issue. There have been criminal convictions, civil litigation, inquiries, Church discipline and resignations. Initial responses in the 23 dioceses were reactive and inconsistent. Beginning in 2001 the General Synod took initiatives to develop national strategies to respond to this growing crisis. The culmination of these initiatives occurred at the 2004 General Synod. By the passing of several resolutions and canons the Church at a national level expressed a commitment to, and set out detailed comprehensive and uniform strategies for, the protection of children.

Keywords

child sexual abusenational actionsafe ministryGeneral Synodcomprehensive and uniform strategiesSafe Ministry Policy StatementFaithfulness in Serviceprofessional standardsAnglican Communion
Type
Research Article
Information
Journal of Anglican Studies , Volume 4 , Issue 1 , June 2006 , pp. 81 - 105
Copyright
Copyright © SAGE Publications (Los Angeles, London, New Delhi and Singapore) and The Journal of Anglican Studies Trust 2006

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References

1. The Anglican Church of Australia is referred to as ‘the Church’.

2. The Church is comprised of 23 dioceses in five provinces (New South Wales, Queensland, South Australia, Victoria and Western Australia) with one extra-provincial diocese (Tasmania). Under the Constitution of the Church which commenced on 1 January 1962 there is a separation of powers between the General Synod and the diocesan synods. National action is inhibited because General Synod meetings are generally triennial, different majorities are required for particular categories of General Synod canons, and because the enforceability of many General Synod canons is dependent on diocesan assent. Canons which affect the order and good government of the Church within, or the church trust property of a diocese, shall not come into force in any diocese unless and until adopted by the diocese by ordinance. A special bill for a canon, if passed, stands as a provisional canon, is referred to the synod of each diocese for its consideration, and unless every diocesan synod assents it only becomes a canon if passed at a later General Synod. A canon to alter particular parts of the Constitution including ‘Chapter IX–The Tribunals’ shall not come into effect unless and until at least three quarters of the diocesan synods of this Church including all of the metropolitan sees have assented to it by ordinance and all such assents are in force at the same time. The Constitution of the Church can be found on the General Synod website online at: http://www.anglican.org.au/docs/ACAConstitution-2003.pdf (visited 19 January 2005).

3. The Standing Committee of the General Synod is referred to as ‘the Standing Committee’.

4. This catalogue of events involving the Church and some of its clergy and church workers with child sexual abuse has been set out in section 2 of the Report entitled Making Our Church Safe: A Programme for Action of the Child Protection Committee which can be found online at: http://www.anglican.org.au/gs2004.cfm?? SID=32&SSID=110 (visited 19 January 2005).

5. The names and offences of Anglican clergy are listed on the website of Clergy Sexual Abuse in Australia online at: http://www.pip.com.au/~chenderson/ (visited 19 January 2005).

6. The Final Report can be found online at: http://www.pic.nsw.gov.au/Reports_List.asp?type=Royal (visited 19 January 2005).

7. An edited version of this report can be found online at: http://www.anglicantas.org.au/pdfs/not-the-way-extracts.pdf (visited 19 January 2005).

8. This report can be found online at: http://www.anglican.org.au/docs/AnglicanReport.pdf (visited 19 January 2005).

9. This report can be found online at: http://www.anglican.org.au/docs/CPCAdelaide2004.pdf (visited 19 January 2005).

10. The Forde Inquiry report can be found online at: http://www.families.qld.gov.au/department/forde/publications/documents/pdf/forde_comminquiry.pdf (visited 19 January 2005).

11. The Committee report can be found online at: http://www.aph.gov.au/Senate/committee/clac_ctte/inst_care/report/ (visited 19 January 2005).

12. The transcript of this programme can be found online at: http://www.abc.net.au/austory/transcripts/s479623.htm (visited 19 June 2005).

13. The transcript of these programmes can be found online at: http://www.abc.net.au/austory/content/2005/s1312548.htm (visited 19 June 2005) and http://www.abc.net.au/austory/content/2005/s1317676.htm (visited 19 June 2005).

14. These protocols are summarized in a document entitled A Comparison of Diocesan Protocols on Sexual Misconduct by Long, Judi, Research Officer of the General Synod Office, 10 12 1998.Google Scholar

15. As at December 1998 codes of conduct had been introduced by the Dioceses of Bathurst, Grafton, Rockhampton, Sydney and Tasmania.

16. The Dioceses of Tasmania, Sydney and Adelaide.

17. While a meeting of all bishops of the Church is not provided for by the Constitution, this annual meeting is an important forum to discuss issues of national concern.

18. Minutes of the Bishops' Conference held between 30 04 and 4 05 1993.Google Scholar

19. Minutes of the Bishops' Conference held between 15 and 19 04 1994.Google Scholar

20. Minutes of the Bishops' Conference held between 12 and 16 04 1997.Google Scholar

21. Minutes of the Bishops' Conference held between 18 and 22 04 1998.Google Scholar

22. The full reference to this document is at n. 14.

23. The Constitution provides for the Special Tribunal and a diocesan tribunal in each diocese. The Special Tribunal has jurisdiction to hear and determine charges against a member of the House of Bishops. A diocesan tribunal has jurisdiction to hear and determine charges against clergy and lay persons licensed by the bishop and clergy resident in the diocese.

24. The members were Mr Garth Blake, Barrister, Sydney (chairperson); Bishop David Farrer, Bishop of Wangaratta; Dean (subsequently Bishop) Godfrey Fryar, Canberra and Goulburn; Mrs Marion Rainsford, Social worker, Tasmania.

25. This report can be found online at: http://www.anglican.org.au/generalsynod2001/presynod/book4/index.html (visited 19 January 2005).

26. These resolutions can be found online at: http://www.anglican.org.au/generalsynod2001/decided/resol/index.htm (visited at 19 January 2005).

27. This canon can be found online at: http://www.anglican.org.au/generalsynod2001/decided/canons/index.htm (visited at 19 January 2005).

28. This canon can be found online at: http://www.anglican.org.au/generalsynod2001/decided/canons/index.htm (visited at 19 January 2005).

29. Under s. 56(2) of the Constitution the Special Tribunal shall have jurisdiction to hear and determine charges against: (a) any member of the House of Bishops; and (b) any bishop assistant to the Primate in his capacity as Primate of breaches of faith, ritual, ceremonial, or discipline or of such offence as may be specified by canon.

30. The minutes of this meeting can be found online at: http://www.anglican.org.au/docs/SCMins-Oct1999.doc (visited 19 January 2005).

31. The members were Mr Garth Blake SC, Barrister, Sydney (chairperson); Mrs Helen Carrig, Director of Professional Standards, Diocese of Adelaide; Bishop David Farrer, Bishop of Wangaratta; Mr Philip Gerber, Director of Professional Standards Unit, Diocese of Sydney; Mrs Marilyn Redlich, Counsellor and Educator, Brisbane.

32. This report can be found online at: http://www.anglican.org.au/gs2004.cfm?SID=32&SSID=110 (visited 19 January 2005) and http://www.anglican.org.au/docs/B3B%202B%20Code-FIS.pdf (visited 19 January 2005).

33. This passage was quoted, and these comments were made, by Garth Blake SC in his speech at the General Synod in October 2004 when moving motion 1 of the Child Protection Committee. This speech can be found online at: http://www.anglican.orgau/docs/GS04SPBlakeSpeech1.pdf (visited 19 January 2005).

34. This code of conduct in its original form can be found online at: http://www.anglican.org.au/docs/B3B%202B%20Code-FIS.pdf (visited 19 January 2005).

35. The members were Justice David Bleby (chairperson); Mr Bill Anderssen; Mr Garth Blake SC; Dean Graeme Lawrence, Dean of Newcastle; Canon Barbara Howard; Ms Susan Gribben; Mr Philip Gerber (secretary).

36. This report can be found online at: http://www.anglican.org.au/docs/B3B%203C-SAWG%20Rept.pdf (visited 19 January 2005).

37. The minutes of this meeting can be found online at: http://www.anglican.org.au/docs/SCMinsMarch2003.doc (visited 19 January 2005).

38. The members were Mr Philip Gerber; Bishop Richard Appleby, Bishop of the Northern Region, Brisbane; Dr Jane Hendtlass; with Ms Susan Gribben as consultant.

39. This report can be found online at: http://www.anglican.org.au/docs/B3B%203E-Protocol.pdf (visited 19 January 2005).

40. This address can be found online at: http://www.anglican.org.au/docs/GS04SPGeneral%20Synod%20Charge%20A4%20Final.pdf (visited 19 January 2005).

41. These resolutions are set out in the Appendix to this article and can also be found online at: http://www.anglican.org.au/gs2004.cfm?SID=34&SSID=122&PID=214 (visited 19 January 2005).

42. The effect of the resolution adopting Faithfulness in Service has been to create a national voluntary code of behaviour for clergy and lay persons licensed by the bishop of a diocese.

43. This Ordinance can be found online at: http://www.anglican.org.au/docs/B3B%203D-Model%20Ordinance.pdf (visited 19 January 2005).

44. The text of the apology can be found online at: http://www.anglican.org.au/gs2004.cfm?SID=34&SSID=122&PID=214 (visited 19 January 2005).

45. The text of the apology can be found online at: http://www.anglican.org.au/gs2004.cfm?SID=34&SSID=122&PID=225 (visited 19 January 2005).

46. These Canons can be found online at: http://www.anglican.org.au/gs2004.cfm?SID=34&SSID=123 (visited 19 January 2005).

47. The members are Mr Garth Blake SC, Barrister, Sydney (chairperson); Mrs Helen Carrig, Director of Professional Standards, Diocese of Adelaide; Bishop David Farrer, Bishop of Wangaratta; Mr Philip Gerber, Director of Professional Standards Unit, Diocese of Sydney; Ms Audrey Mills, Solicitor, Hobart; Mrs Marilyn Redlich, Counsellor and Educator, Brisbane; The Revd Canon Timothy Spencer, Diocese of Perth.

48. This code of conduct can be found online at: http://www.anglican.org.au/docs/PSCFISrevdSCGSJuly2005.pdf (visited 13 October 2005).

49. The full text of resolution 50 can be found online at: http://www.aco.org/acc/meetings/acc13/resolutions.cfm#s50 (visited 12 October 2005).