The Healing Path

Principles and procedures in responding to complaints of abuse against members, volunteers and staff of the St Vincent de Paul Society in Australia

Introduction

In December 1996, bishops and leaders of religious institutes of the Catholic Church in Australia published the document, Towards Healing, setting out the principles that would form the basis of the Church’s response to complaints of abuse and the procedures to be followed in responding to individual complaints.

In December 2000, following a process of revision which included broad consultation with complainants, accused, church authorities, and the various persons who had a role in responding to complaints, bishops and leaders published a revised edition of Towards Healing. The revised edition extended the definition of abuse to include sexual, physical and emotional abuse, formalising a change that had already been accepted as experience unfolded. The goal of moving “towards healing” remained paramount.

Professor Parkinson began a further review in January 2009. Like the earlier documents, this revised document restates public criteria according to which the community may judge the resolve of Church leaders to address issues of abuse within the Church. If we do not follow the principles and procedures of this document, we will have failed according to our own criteria.

As a system evolves, new issues arise that have to be dealt with, misunderstandings develop that need to be corrected, and issues of poor application need to be addressed. For these reasons, Towards Healing is a living document, and one which is responsive both to a changing environment and to the needs of those involved.

In October 2012, the Society of St Vincent de Paul in Australia (“the Society”) published this document, The Healing Path, setting out its agreement with the principles of Towards Healing and outlining the process by which it would adopt Towards Healing to form the basis of its response to complaints of abuse.

The Society acknowledges that some persons, while involved with the Society, have been guilty of abuse as defined in Towards Healing.

The Society subscribes fully to the principles and procedures of Towards Healing and endorses the goal of embarking on a Healing Path through these principles and procedures where complaints of abuse have been made against any person acting on behalf of the Society.

The Society undertakes to proceed according to the principles and procedures of Towards Healing as described in The Healing Path and to do so in cooperation and collaboration with the National Committee of Professional Standards and the Professional Standards Resource Groups of the States and Territories of Australia in the same way, with due distinction, that the Church Authorities of the Catholic Church do so.

The Society will, each year, in consultation with the Catholic Church’s National Committee for Professional Standards, consider any modifications which might be required to this document following any amendments to Towards Healing.

The National Council of the Society will consult with the National Committee for Professional Standards should it wish to amend this document at any time and will require the agreement of the Committee to do so. This is in order to preserve the integrity of Towards Healing and its processes and structures.

Words of Pope Benedict XVI

“Dear friends, may this celebration, in the presence of the Successor of Peter, be a moment of rededication and renewal for the whole Church in Australia! Here I would like to pause to acknowledge the shame which we have all felt as a result of the sexual abuse of minors by some clergy and religious in this country. Indeed, I am deeply sorry for the pain and suffering the victims have endured, and I assure them that, as their Pastor, I too share in their suffering. These misdeeds, which constitute so grave a betrayal of trust, deserve unequivocal condemnation. They have caused great pain and have damaged the Church’s witness. I ask all of you to support and assist your Bishops, and to work together with them in combating this evil. Victims should receive compassion and care, and those responsible for these evils must be brought to justice. It is an urgent priority to promote a safer and more wholesome environment, especially for young people. In these days marked by the celebration of World Youth Day, we are reminded of how precious a treasure has been entrusted to us in our young people, and how great a part of the Church’s mission in this country has been dedicated to their education and care. As the Church in Australia continues, in the spirit of the Gospel, to address effectively this serious pastoral challenge, I join you in praying that this time of purification will bring about healing, reconciliation and ever greater fidelity to the moral demands of the Gospel.”

St. Mary’s Cathedral, Sydney, 19 July 2008

Part one definitions

Part two Principles for dealing with complaints of abuse

Sexual abuse

1. Members, volunteers and staff of the Society are often in positions of trust and power in relation to those whose needs they seek to serve. Any attempt to sexualise such a relationship of responsibility is a breach of trust, an abuse of power and misconduct. Such sexualisation may take the form not only of sexual relations, but also harassment, molestation, and any other conduct of a sexual nature which is inconsistent with the integrity of a relationship of responsibility. Compliance by the other person does not necessarily imply meaningful consent. Even when the other person concerned is the one who seeks to sexualise the relationship, it is the responsibility of the members, volunteers and staff to guard the boundary against sexual contact.

2. Members, volunteers and staff of the Society might also commit sexual abuse outside a relationship of responsibility, but inside the activities of the Society. Any form of non consensual sexual relations is sexual abuse, including inter alia, sexual harassment, molestation, and any other conduct of a sexual nature which is inconsistent with the ethos of the Society.

3. Any form of sexual behaviour with a child or young person, is always sexual abuse. It is both immoral and criminal.

4. Sexual abuse by members, volunteers and staff of the Society of adults with whom they have a relationship of responsibility may be subject to provisions of civil or criminal law. Even when there are no grounds for legal action, we recognise that serious harm can be caused.

Physical and emotional abuse 

5. Physical and emotional cruelty also constitute an abuse of power. Where members, volunteers and staff of the Society, acting in relationships of responsibility, have acted towards a child or young person in a way which causes serious physical pain or mental anguish without any legitimate disciplinary purpose, as judged by the standards of the time when the incidents occurred, then this constitutes abuse.

The victims

6. Victims of abuse can experience fear, shame, confusion and the violation of their person. They can feel guilty, blame themselves and take responsibility for what has happened. Children and young people can suffer distortions in the process of determining their identity as persons. They may find it difficult to trust those in positions of authority or pastoral care or to believe in or trust in God. Victims can go through a long period of silence, denial and repression. Other people can refuse to believe them, eroding their trust in others and in themselves.

7. The intensity of the effects of abuse on victims will vary. Some of the factors involved are the age and personality of the victim, the relationship with the offender, the duration and frequency of the abuse, the particular form of the abuse, the degree of coercion used, the threats used to compel secrecy, the violation of trust and abuse of power involved and the reaction of those in whom the victim confides.

8. We recognise the hurt caused if the response of the Society should deny or minimise the pain that victims have experienced. Through this Memorandum we commit ourselves, with due distinction, to principles and procedures that apply to Church authorities within the Catholic Church.

The offenders

9. When abuse occurs, free choices are made by the offender and many serious obligations are violated. These very facts argue to a clear awareness by the offender of the wrong that is being done.

10. Offenders frequently present as respectable, good and caring people. They can be quite exemplary in their public life, while at the same time living a private life that contradicts their public image. No matter how exemplary the public life of an offender, it is paramount that we recognise that offenders are guilty of abuse and have caused damage, often irreparable, to victims.

11. At the same time, a number of offenders are disturbed persons and some have serious psychological problems. A significant number were themselves victims of abuse in their earlier years.

The response of the Society

12. The Society makes a firm commitment to strive for seven things in particular: truth, humility, healing for the victims, assistance to other persons affected, a just response to those who are accused, an effective response to those who are guilty of abuse and prevention of abuse.

Truth

13. The Society makes a commitment to seek to know and understand the full extent of the problem of abuse and the causes of such behaviour within a community that professes the values of Jesus Christ. It also seeks to know the truth, so far as possible, about individual allegations of abuse.

14. Concealing the truth is unjust to victims, a disservice to accused people and damaging to the whole Church community.

Humility

15. It is very humbling for a Christian Church to have to acknowledge that some of its clergy, religious and other Church personnel have committed abuse. We recognise that humility is essential if we are to care for victims and prevent abuse in the future.

Healing for the victims

16. Whenever the offender is one of the members, volunteers and staff of the Society, the Society accepts that it has a responsibility to seek to bring healing to those who have been victims of abuse.

17. A sensitive and compassionate response to the complainant must be the first priority in all cases of abuse.

18. This attitude must be present even at a time when it is not yet certain that the allegations are accurate. At the first interview complainants should be assured that, if the circumstances are truly as stated, abuse must be named for what it is and victims assisted to move the blame from themselves to the offender. Victims should be asked what needs to be done to ensure that they feel safe from further abuse. They should be offered whatever assistance is appropriate. These responses do not pass judgment on or prejudice the rights of the person accused, but they are part of the Christian response to the very possibility that the person present is a victim of abuse.

19. Whenever it is established, either by admission or by proof, that abuse did in fact take place, the State or Territory President of the Society shall listen to victims concerning their needs and ensure they are given such assistance as is demanded by justice and compassion. Details concerning the procedures to be followed are contained in Part Three of this document.

Assistance to other persons affected

20. The Society shall also strive to assist in the psychological and spiritual healing of those persons who, as well as the victims, have been seriously affected by incidents of abuse.

21. The effect on the family of the victim can be profound. Sometimes disclosure results in the rejection of the victim by the family. Parents can feel guilty that they did not protect their child more effectively.

22. The community in which the abuse occurred may be deeply affected. The more popular and respected the perpetrator, the greater will be the shock, grief and sense of betrayal.

23. The family and close friends of the offender may also be deeply hurt. They can find it difficult to know how to respond and how to act towards the offender.

24. When members, volunteers and staff of the Society are found to have committed child abuse, then other members, volunteers and staff of the Society are affected, and the thought that other people might perceive them to be potential child abusers can be a cause of personal stress. Members, volunteers and staff of the Society have had to make changes in their manner of relating to all young people and some good things have been lost as a result.

25. The whole Church community has been affected by incidents of abuse, for all Catholic people have been dismayed by the stories they have heard. The reputation of the whole Church has been affected and the religious faith of many has been disturbed. The Society itself has been affected and wishes to ensure that its members, volunteers and staff do not contribute further to such negative effects.

A response to the accused

26. All persons are presumed innocent unless and until guilt is either admitted or determined in accordance with the requirements of the law governing their position. Proper consideration should be given to the importance of confidentiality in the handling of the complaint, particularly prior to the conclusion of an assessment. If members, volunteers and staff of the Society accused of abuse are asked to step aside from the office they hold while the matter is pending, it is to be clearly understood that they are on leave and that no admissions or guilt are implied by this fact. Every effort should be made to conclude inquiries as quickly as possible in relation to a person who has been asked to step aside from a position. Unless and until guilt has been admitted or proved, those accused should not be referred to as offenders or in any way treated as offenders.

A response to those guilty of abuse

27. If guilt has been admitted or proved, the response must be appropriate to the gravity of what has happened, while being consistent with the civil law or canon law which governs that person’s position. Account will be taken of how serious was the breech of the relationship of responsibility and whether there is a likelihood that such behaviour could be repeated. Serious offenders, in particular those who have been found responsible for sexually abusing a child or young person, or whose record of abuse of adults indicates that they could well engage in further sexual exploitation of vulnerable adults, will not be given back the power they have abused. Those who have made the best response to treatment recognise this themselves.

28. We accept that the community expect of us a serious and ongoing role in seeking to ensure that offenders are held accountable for what they have done, come to a true appreciation of the enduring harm they have caused, seek professional help, and do whatever is in their power to make amends.

29. In order to carry out this responsibility, the Society needs to have some contact with offenders and some form of influence over their conduct. In order to achieve change, they need to be able to tell them that there can be forgiveness, by human beings as well as by God, and that change is possible.

Prevention

30. We commit ourselves to making every effort to reduce risk of abuse by members, volunteers and staff of the Society through education and the implementation of appropriate codes of conduct. Special care shall be taken in relation to all who work with children and young people. No person shall be permitted to work in a position if the Society believes, on the basis of all the information available, that there is an unacceptable risk that children or young people may be abused.

31. We continue to review the processes for selection and training of members, volunteers and staff of the Society. Procedures for members, volunteers and staff of the Society will include police checks, verified references from previous employers and induction processes. No-one should be selected if, on all the information available, they would pose an unacceptable risk to children, young people or vulnerable persons.

32. We commit ourselves to the education of members, volunteers and staff of the Society on the seriousness of abuse and its adverse effects, and to a program of community education and awareness in recognising and responding to abuse.

Commitment

33. We commit ourselves to the principles presented in this document. We invite all those that aid in the Society’s mission to assist us in offering whatever healing is possible to victims of abuse and in preventing abuse in the future.

Part 3 Procedures for dealing with complaints of abuse

Notes

34.1 This section of the document deals with the procedures to be applied where complainants (or others speaking on their behalf) seek a response from the Society as a result of alleged abuse by members, volunteers and staff of the Society. It is to be implemented in the context of the previous sections on principles.

34.2 Information to make people aware that these procedures exist shall be widely circulated to the public and especially among Society offices, councils and special works. The information shall set out as simply as possible the manner for making a complaint about abuse.

34.3 These procedures are a revised version of the document published by the Australian Catholic Bishops Conference and the Australian Conference of Leaders of Religious Institutes in 1996 and revised in 2000.

34.4 These procedures are intended to apply to all complaints of abuse by members, volunteers and staff of the Society within relationships of responsibility. In the case of current lay employees, the response of the Society will be made in conjunction with the relevant body for employment relations in each State or Territory, or such other body as is set up for this purpose.

34.5 A complaint of abuse may raise medical, psychological, spiritual, legal and practical questions. An appropriate response may, therefore, need to be based on a team approach, subject to appropriate recognition of the needs for privacy and confidentiality.

34.6 In certain States and Territories of Australia, the Society is subject to laws concerning how to deal with complaints of abuse that may affect the operation of the procedures in this document. An example of this is the operation of the Ombudsman Act 1974 (NSW). The procedures in this document must operate subject to the requirements of any such laws

Structures and personnel

35.1 The Australian Catholic Bishops Conference and Catholic Religious Australia have jointly established a National Committee for Professional Standards (National Committee) to oversee the development of policy, principles and procedures in responding to complaints of abuse against Church personnel.

35.2 The bishops and leaders of religious institutes of the Catholic Church in Australia have established and shall maintain a Professional Standards Resource Group (Resource Group) responsible for each State and the Northern Territory.

35.2.1 The Resource Group shall consist of at least one priest or religious and a suitable number of other persons (no more than ten), both men and women, of diverse backgrounds and faith traditions, skilled in areas such as child protection, the social sciences, civil and Church law and industrial relations. Members of the Resource Group shall be appointed by the bishops and leaders of religious institutes.

35.2.2 The Resource Group shall have an advisory role in matters concerning professional standards to all Church bodies in the State or Territory.

35.2.3 In addition to responding to requests for assistance, the Resource Group shall also act in a proactive manner. It shall be free to offer advice within its mandate to any Church body in the State or Territory as it sees fit.

35.3 The bishops and leaders of religious institutes shall jointly be responsible for appointing a Director of Professional Standards responsible for each State and Territory.

35.3.1 The Director shall manage the process in relation to specific complaints, appoint assessors and facilitators when required, convene and chair meetings of the Professional Standards Resource Group as required; liaise with the National Committee, other Resource Groups, and individual Church bodies and their professional advisers; have an overview of all matters dealt with under these procedures within the Director’s responsibilities; and be responsible for the safe-keeping of all documentation connected with these procedures.

35.3.2 In the event that a complaint of abuse is made against a bishop or leader of a religious institute or a senior administrative authority of the Society, the role of the Director of Professional Standards for the case shall be undertaken by the Co-Chairpersons of the National Committee for Professional Standards acting together (see note 1 below).

Note 1 If a complaint of abuse is made against a bishop, the Church Authority for a suffragan, auxiliary or retired bishop shall be the Metropolitan; for the Metropolitan himself it shall be the suffragan bishop senior by promotion. For the purpose of these cases the Archbishop of Canberra and Goulburn, the Maronite bishop, the Melkite Eparch, the Ukrainian Eparch and the Military Ordinary shall be deemed to be suffragan of the Province of Sydney, and the Archbishop of Hobart shall be deemed to be a suffragan of the Province of Melbourne. If a complaint of abuse is made against a leader of a religious institute the Church Authority is determined to be:
a) The diocesan bishop of the principal house (cf canon 595) for a major superior of an Institute of diocesan right; or
b) The supreme moderator for a major superior of an institute of pontifical right; or
c) The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life (CICLSAL) for the supreme moderator of an institute of pontifical right. If a complaint of abuse is made against a senior administrative authority of the Society, the Church Authority is determined to be:
a) The National President of the Society for a State or Territory President in Australia.
b) The President General of the Society for the National President of the Society in Australia.

35.3. 3 The Director shall also be responsible for ensuring that the complainant, and the accused if he or she participates in the process, are kept informed of progress in investigating and addressing the complaint, and the reasons for any substantial delay in the process.

35.3.4 The Director shall also be responsible for drawing to the attention of the Society any inactivity on the Society’s part that is leading to undue delay.

35.3.5 The bishops and leaders of religious institutes may nominate a Deputy Director who may exercise any of the responsibilities which are delegated to him or her by the Director.

35.4 Each Resource Group shall appoint suitable persons from among its own members or otherwise, as contact persons to receive complaints of abuse. Contact persons shall be skilled listeners, sensitive to the needs of complainants. After the initial complaint has been received, they may act as a support person for the complainant if the complainant so wishes, and assist, where appropriate, with communication between the complainant, assessors and the Society. He or she should be available to the complainant from the beginning to the end of the process. The contact person is not a counsellor to the complainant and shall not be the complainant’s therapist.

35.5 Each Resource Group shall maintain a list of suitable persons, not from its own members, to fulfil the following roles: Assessors: who shall be responsible for investigating the complaint, examining the areas of dispute and advising the Director of their findings. Facilitators: who shall facilitate a meeting between the victim and the Society and endeavour to mediate an agreement between a victim and the Society about what the Society can and should do to assist the victim. The names of approved facilitators shall be made available publicly by the Director of Professional Standards.

35.6 All members of the Resource Group shall abide by the highest possible standards of professional conduct in all aspects of their work, including the maintenance of confidentiality.

35.7 The Resource Group shall act in an advisory capacity to the Director of Professional Standards concerning any aspect of his or her work.

35.8 In addition to the above national and state structures, each diocesan bishop and religious leader of Australia shall have, or have access to, a Consultative Panel to advise and assist him or her at significant stages of the process. The Society also makes use of a similar panel.

35.8.1 The panel shall consist of at least five members who collectively provide the expertise, experience and impartiality which are necessary in this field.

35.8.2 The panel must be consulted when a priest or religious is charged with a criminal offence in relation to a complaint of abuse.

35.8.3 The panel must be consulted in any decision concerning whether a person constitutes an “unacceptable risk” to children, young people or vulnerable persons. 35.8.4 The panel must be consulted in such other decisions as are indicated in these procedures.

35.9 The National Committee for Professional Standards shall appoint a National Review Panel drawn from the wider Australian community to decide upon requests concerning a review of process or findings and to fulfil such other functions as are assigned to it.

35.9.1 The National Review Panel shall consist of up to nine independent members, no more than three of whom shall be required for any particular case.

35.9.2 The National Review Panel may deliberate in person, by exchange of letters, electronic mail or telephone, or by any other means.

Receiving a complaint

36.1 The process is commenced when the Society or the Director of Professional Standards receives a written complaint, signed by the complainant, that includes his or her contact details, and the person making the complaint indicates that he or she wishes to invoke the procedures outlined in this document. There should be sufficient information about the nature of the complaint for the accused person to know what has been alleged against him or her.

36.2 Anonymous complaints are to be treated prudently. An anonymous complaint cannot have the full force of one made by an identified person, but anxiety and fear may persuade some complainants not to reveal their identity immediately. The Society will be unable to act on the complaint under these procedures, other than to inform the police, unless at some point the name of the complainant becomes known.

36.3 A complaint may be received directly in writing by the Society or by a Director of Professional Standards. Alternatively it may come verbally and be followed up by a contact person.

36.3.1 A contact person shall listen fully, honestly and compassionately to the person laying the complaint, both concerning the facts of the situation and its emotional, psychological and spiritual effects. The contact person shall explain the procedures for addressing the complaint and ensure that the complainant gives his or her consent to proceeding on the basis laid down in this document.

36.3.2 The contact person shall either receive a written and signed complaint, or assist the complainant by writing down the details of the complaint, to be confirmed by the signature of the complainant.

36.4 If the Society receives a complaint directly, the complaint should be referred to the Director of Professional Standards to manage the process of responding to the complaint. In the event that a complaint is received by the Society that ought to be dealt with by a Church Authority, the complaint should be referred to the Director of Professional Standards to make the appropriate linkages.

36.5 If a complainant chooses to be represented by a lawyer in seeking compensation from the Society, and is not seeking any form of pastoral support or other engagement with the Society, then the matter should proceed outside of The Healing Path by the normal means appropriate to the resolution of civil claims. The Society should nonetheless endeavour to act with a concern for the wellbeing of the complainant in seeking to resolve the civil claim.

36.6 If a matter proceeds outside of the Healing Path process, the Director of Professional Standards must still be informed of the matter and should take any steps necessary to investigate the risk to children, young people or vulnerable adults, if the accused remains active in the Society. The Director should seek the assistance of the complainant in any disciplinary investigation by the Society for the purposes of determining whether an accused person should remain in the Society.

36.7 In responding to the complaint, every effort should be made to minimise the number of times the complainant has to tell his or her story.

36.8 The process may involve the Director of Professional Standards arranging for the State or Territory President (or his or her delegate) to meet with the complainant at an early stage of the process, to discuss how best to ensure the complainant can be supported in the interim.

Criminal offences and the reporting of child abuse 

37.1 When the complaint concerns an alleged crime, the contact person or Director of Professional Standards shall explain to the complainant that the Society has a strong preference that the allegation be referred to the police so that the case can be dealt with appropriately through the justice system. If desired, the complainant will be assisted to do this. Where it applies, the contact person shall also explain the requirements of the law of mandatory reporting.

37.2 If the complainant takes the matter to the police, the Director may make recommendations to the Society concerning the funding of counselling or other such assistance for the complainant pending the outcome of the criminal justice process. The complainant should be advised that he or she may approach the Society again under The Healing Path when the criminal justice process has been concluded.

37.3 In all cases other than those in which reporting is mandatory, if the complainant indicates an intention not to take the matter to the police, this shall be recorded and confirmed by the signature of the complainant (see Note 2 below). Unless and until the complainant signs this document, the matter cannot proceed to an assessment.

Note 2: When a complainant does not wish to go to the police or other appropriate authority and asks the Church to investigate an alleged crime, the complainant is required to sign the following statement before the Church takes any action:
“The Catholic Church has strongly urged me to take my complaint to the police or other civil authority. It has been carefully explained to me that any process the Church establishes will not have the same powers to investigate the matter and to test evidence as the courts have. A Church process cannot impose the same penalties as a criminal court. Aware of these limitations, I still state that I do not wish to take my complaint to the police or other civil authority at this time and I ask that a Church process be established.”

37.4 In the case of an alleged criminal offence, if the complainant does not want to take the matter to the police, members, volunteers and staff of the Society should nonetheless pass details of the complaint to the Director of Professional Standards, who should provide information to the Police other than giving those details that could lead to the identification of the complainant.

37.5 Members, volunteers and staff of the Society who are required by law to report suspected child abuse shall conscientiously comply with their obligations. State or Territory law regarding the reporting of knowledge of a criminal offence must also be observed. The State or Territory President shall also be notified of any such report.

37.6 No Society investigation shall be undertaken in such a manner as to interfere in any way with the proper processes of criminal or civil law, whether such processes are in progress or contemplated for the foreseeable future. However, where the complainant has chosen not to report the matter to the police or other civil authority, or the civil authorities have decided not to take further action under the criminal law or child protection legislation, the Society must act on the complaint.

37.7 The Director of Professional Standards shall endeavour to establish a protocol with the police in each relevant State or Territory to ensure that assessments under these procedures do not compromise any police action. 

Responding to a complaint

38.1 The following procedures apply only where the complaint does not concern a criminal matter, or where a complainant has chosen not to report the matter to the police or other civil authority and wants to proceed under The Healing Path, or the civil authorities have decided not to take further action under the criminal law or child protection legislation.

38.2 The Director of Professional Standards shall determine whether the complaint concerns conduct which could reasonably be considered to fall within the definition of abuse in this document. If the complaint does not concern a matter which is to be dealt with by the procedure, such as inappropriate care practices in children’s homes, he or she shall advise the complainant of other means of addressing the issue. The Director may assist in resolving the matter. The Director should advise the Society of the action taken.

38.3 In cases where the behaviour complained of could reasonably be considered to fall within the definition of abuse in this document, but was not an alleged criminal offence, does not represent a serious breach of a relationship of responsibility and can properly be dealt with by correction and apology, the Director shall refer the matter to the Society to be dealt with by counselling, voluntary mediation with the person against whom the complaint is made, or such other process as is appropriate to address the issue.

38.4 Apart from matters dealt with under 38.2 and 38.3, on receiving the complaint of abuse, the Director shall forward it to the Society and may make a recommendation concerning any immediate action that needs to be taken in relation to the protection of children, young people and vulnerable adults. The Director may also make recommendations concerning the funding of counselling or other such assistance for the complainant pending the outcome of the process.

38.4.1 In situations where the Society and one or more Church Authorities are involved in relation to a complaint, the Director of Professional Standards should determine which Society/Church Authority had the greatest involvement in the matter, and that Society/Church Authority should be designated as the lead agency in responding to the complaint.

38.4.2 The lead agency, together with the Director of Professional Standards, shall liaise with all parties involved, in managing the process and in determining what response should be made to the complainant.

38.5 After receiving notice of the complaint, the State or Territory President of the Society (or his or her delegate) shall, after consultation with the Director of Professional Standards, inform the accused of the nature of the complaint, unless through death, disappearance or disability it is not possible to do so. This should occur as soon as possible unless a delay in so doing is required by civil authorities. The accused needs to be given enough detail about the complaint, and the person who was allegedly abused, to be able to offer a response. The Director of Professional Standards may be involved in such a process. The accused shall be entitled to information about his or her rights and about the process for dealing with the complaint.

38.6 The accused shall be advised that he or she has the right to obtain independent legal advice. The advice shall normally be at the accused’s expense, although the Society may exercise a discretion to make loans or to reimburse an accused for reasonable legal expenses if he or she is unable to afford legal assistance.

38.7 The accused shall be offered a support person to represent the needs of the accused to the Society and to assist, where appropriate, with the care of the accused and with communication between the accused, assessors and the Society. The accused’s support person shall not be the accused’s therapist.

38.8 The State or Territory President of the Society (or his or her delegate) shall seek a response from the accused in order to determine whether the facts of the case are significantly disputed. If they are not, then the Society shall proceed in accordance with Clause 42 of these procedures. There does not need to be an assessment of the facts if the Society is satisfied of the validity of the complaint.

38.9 Where there is a significant dispute or uncertainty about the facts the Director shall have the matter investigated in accordance with the procedures set out in this document to the extent that it is possible to do so.

38.10 At any time, the Director of Professional Standards may recommend to the Society that the accused be asked to stand aside from a particular office or from all offices held in the Society, pending investigation, taking into account the gravity of the allegations and the risk of harm to others if the allegations are true. The Society must seek the advice of the Consultative Panel before making a decision unless urgent action is required to address a significant risk of abuse, and shall give the accused the opportunity to be heard on the matter.

38.10.1 If there is seen to be any significant risk of abuse to other persons, the Society must act at the earliest possible moment on the best advice available.

38.10.2 If accused persons are asked to stand aside from any office they hold while the matter is pending, it is to be clearly understood that they are on leave and that no admissions of any kind are implied by the fact. Accused persons shall, therefore, receive their normal remuneration and other entitlements while the matter is pending and they are standing aside. Where possible, they should be given some suitable activity. They shall not engage in any public works during this time.

38.11 The Society should have regard to the support needs of the community in which the accused person has been involved in a relationship of responsibility, in coming to terms with the allegations against the accused person.

Selecting the appropriate process

39.1 If the allegations concern a current employee of the Society, then the Director should refer the complaint to the relevant body for employment relations to investigate in accordance with the applicable procedures of employment law (and any other relevant laws) in that State or Territory or such other body as is set up for this purpose. When the investigation has been completed, the Director of Professional Standards should liaise with the relevant body concerning how to respond to the victim if the complaint is validated. The response to the victim should follow the principles and procedures outlined in this document.

39.1.1 The documents or other material arising from the investigation are to be kept in accordance with the practices of the employing authority and any relevant laws.

39.2 If a Church penal process under canon law is commenced, the Society should liaise with the Director of Professional Standards concerning how to respond to the victim if the complaint is validated. The response to the victim should follow the principles and procedures outlined in this document.

39.3 In all other cases where the facts of a case are in dispute, the Director of Professional Standards shall act in accordance with Clause 40 of these procedures.

39.4 If in the course of a Society procedure, allegations emerge for the first time which indicate that a criminal offence may have been committed, the Society procedure shall cease immediately and the matter will be dealt with in accordance with 37.1-37.6. If the complainant indicates an intention not to take the matter to the police, this should be recorded and confirmed by the signature of the complainant before the Society procedure resumes.

39.5 With the written approval of the Executive Officer of the National Committee for Professional Standards, the Director may depart from these processes if to do so would better accord with the principles in the special circumstances of the case.

Assessment

40.1 In all cases to which this Clause applies, the Director of Professional Standards shall appoint assessors. Two assessors shall be appointed unless the Director considers that in the circumstances one professional assessor is sufficient. A list of assessors shall be maintained by the Resource Group. The appointment of the assessors shall occur as soon as practicable. 40.1.1 The assessors chosen must be, and be seen to be, independent of the Society, the complainant and the accused.

40.2 The purpose of an assessment is to investigate the facts of the case to the extent that it is possible to do so where there is a significant dispute or uncertainty as to the facts, or where there is a need for further information concerning the complaint.

40.3 The assessor or assessors shall arrange interviews with the complainant and the accused separately, and where feasible, such other persons as will aid the assessment process. Where there is more than one assessor, both should interview the complainant and the accused. The assessors should, at some stage of the process, put to the complainant the accused’s version of events.

40.3.1 Where the complainant is not the victim, then the assessors shall not seek to interview the victim without first discussing the matter with the complainant and the Director of Professional Standards. If the facts are disputed, and it is not possible to interview the person who it is said has been victimised, then it may not be possible to proceed any further in dealing with the complaint unless other relevant information, such as a police record of interview, is available.

40.3.2 The complainant shall be invited to have a support person present at the interview.

40.3.3 Under no circumstances shall there be any attempt to intimidate a complainant or to dissuade a complainant from proceeding with a complaint.

40.3.4 No interview with a child or young person will take place if there is a risk that this will interfere with the proper process of civil or criminal law. No interview, either by a contact person or an assessor, shall be conducted with a child or young person without the express written authority of the parent or guardian. An interview with a child or young person shall only by conducted by personnel who are professionally recognised as skilled practitioners in interviewing children.

40.3.5 Special care shall also be taken in interviewing a person with an intellectual or psychiatric disability, and any such interview shall be conducted only by an appropriately qualified and experienced person. 40.3.6 The Director of Professional Standards has the discretion to close a matter if the complainant decides not to cooperate with an assessment process or in other respects does not cooperate with the Director in moving the process forward. The Society should nonetheless take any steps necessary to investigate the matter, and to assess any risk to children, young people or vulnerable adults, if the accused remains active in the Society.

40.4 The assessor or assessors shall arrange an interview with the accused, if he or she is available and willing to speak to them. If the accused declines an interview, he or she should be given an opportunity to provide a written response to the complaint. If the accused does not wish to cooperate with the assessment, the assessment shall still proceed and the assessors shall endeavour to reach a conclusion concerning the truth of the matter so that the Society can make an appropriate response to the complainant.

40.4.1 Where an interview with the accused takes place, the assessor or assessors shall inform the accused that in both civil and Church law a person is presumed innocent until proven guilty.

40.4.2 An accused person may be invited to admit to an offence but is not bound to do so, nor may an oath be administered.

40.5 The accused shall be invited to have a support person or legal adviser present during any interview.

40.6 The assessors should interview any other persons who could be of assistance.

40.7 The Society shall comply with all reasonable requests made by assessors for access to documents which may assist them in their work, subject to any legal obligations of confidentiality.

40.8 A written or taped record shall be made of all interviews.

40.9 After the assessment is completed, the assessors shall provide a written report to the State or Territory President of the Society and the Director of Professional Standards. The assessors shall review the evidence for the complaint, examine the areas of dispute and make findings about whether they consider the complaint to be true on the balance of probabilities, based upon the evidence available at that time.

40.9.1 The assessors must provide reasons for their findings. If they are unable to reach determination of the truth of the matter with a sufficient degree of certainty, they may nonetheless make recommendations to the Society concerning its response to the complainant and this may include any matters that may be relevant to a risk assessment concerning the continuation of a person in particular works of the Society.

40.9.2 Where the behaviour about which complaint has been made was not a criminal offence, the assessors may also comment on how serious was the violation of the integrity of the relationship of responsibility.

40.9.3 The complainant is entitled to know promptly the findings of the assessment and the reasons for them. The accused is also entitled to know promptly the findings of the assessment and the reasons for them if he or she has participated in the assessment, or otherwise could be subjected to disciplinary action by the Society as a consequence of it. The Director of Professional Standards is responsible for communicating the relevant findings to the complainant, the accused and the State or Territory President of the Society.

40.10 The State or Territory President of the Society shall discuss the findings and recommendations of the report with the Director of Professional Standards as quickly as possible. If the assessors consider the complaint to be sustained, then the State or Territory President must consider what action needs to be taken under Clauses 41 and 42 of these procedures. The Society must seek the advice of the Consultative Panel and may also call upon the Director of Professional Standards for advice on these matters.

40.11 Mindful that the assessment process is a difficult and trying time for all concerned, particularly the complainant and the accused, the process of the assessment shall be undertaken and concluded as quickly as possible and the process shall be as transparent as possible to all concerned. The Director of Professional Standards shall seek to ensure that all parties adhere to this principle.

40.12 During the assessment and, therefore, at a time when guilt has been neither admitted nor proven, the issue of guilt or the particular course of action that may follow assessment cannot be commented upon. Any comment regarding these issues must always be referred to the Society and its professional advisers. The records of interview and all other documents or material associated with the assessment are to be treated as confidential. The Director of Professional Standards shall maintain a confidential record of all findings and any documents relevant to the suitability of the person for future involvement in the works of the Society.

Outcomes relating to the victim

41.1 In the event that the Society is satisfied of the truth of the complaint, whether through admission of the offender, a finding of a court, a penal process under canon law, an assessment under these procedures or otherwise, the Society shall respond to the needs of the victim in such ways as are demanded by justice and compassion. Responses may include the provision of an apology on behalf of the Society, the provision of counselling services or the payment of counselling costs.

41.1.1 Financial assistance or reparation may also be paid to victims of a criminal offence or civil wrong, even though the Church is not legally liable.

41.1.2 The State or Territory President of the Society must seek the advice of the Consultative Panel in determining how to respond to the complainant.

41.2 The Society may seek such further information as it considers necessary to understand the needs of the victim, including a report from a suitably qualified and independent professional concerning the impact of the abuse on the victim. Such a report will be at the Society’s expense.

41.3 Facilitation shall be the normal means of addressing the needs of the victim.

41.4 The Society and the victim shall endeavour to agree on a facilitator, either from the approved panel or otherwise a qualified mediator approved by the Director for Professional Standards, who is suited by reason of training and experience to understand the needs of victims of abuse. In the absence of agreement, the Executive Officer of the National Committee for Professional Standards shall appoint a facilitator.

41.4.1 The facilitator shall arrange and moderate a process for communication between the victim and Society (or delegate with power to make binding decisions). This may involve a meeting, under the direction of the facilitator, in which apologies can be offered and unresolved problems addressed through mediation.

41.4.2 The victim may have a support person or adviser present at the meeting. The Society or delegate may also have an adviser if required (see Note 3 below). The presence of any other persons accompanying either the victim or the Society shall be subject to the agreement of the facilitator. The Director of Professional Standards should not normally participate in the facilitation process (see Note 4 below).

Note 3: If the complainant is not legally represented at the meeting, there should not be a lawyer for the Church Authority present either.

Note 4: The Director may participate in the facilitation if approval is given in accordance with 39.5.

41.4.3 The facilitator shall seek to know the ongoing needs of the victim and the response of the Society to these needs. In the event that there are unresolved issues concerning monetary reparation other than through the provision of counselling costs or meeting other needs of the victim, these should be dealt with by negotiation outside of the facilitation, in order to seek a resolution on this aspect of the matter.

41.4.4 The facilitator shall also seek to know the support needs of the victim’s family and of the community in whose midst the abuse occurred if the abuse is publicly known.

41.4.5 The facilitator shall seek to identify any outstanding issues where the victim is not satisfied with the response from the Society and shall explore with both parties the best means of dealing with such issues.

41.4.6 The facilitator shall ensure that there is a record of any agreement reached and of any outstanding areas of disagreement.

41.4.7 The facilitator shall inform the Director of Professional Standards of the outcome, and whether the facilitator considers that any other processes or actions would assist further in bringing the matter to a conclusion.

41.4.8 The Society shall bear all ordinary and reasonable expenses of the process of facilitation.

41.4.9 The Society should not require the victim to sign a Deed of Release unless the victim has had independent legal advice or has indicated in writing that he or she declines to seek legal advice. 41.4.10 The Society shall pay for the reasonable costs involved in obtaining legal advice on a Deed of Release, and may pay a contribution towards the reasonable costs of other professional advice or assistance that have been incurred in the process of reaching an agreement.

41.5 Complainants shall not be required to give an undertaking which imposes upon them an obligation of silence concerning the circumstances which led them to make a complaint, as a condition of an agreement with the Society.

Outcomes relating to the accused 

42.1 The State or Territory President of the Society must seek the advice of the Consultative Panel in determining outcomes relating to the accused.

42.2 If either a police investigation, a civil process or the Society procedure makes it clear that the accused did not commit the alleged wrong, the Society shall take whatever steps are necessary to restore the good reputation of the accused, in consultation with the accused.

42.3 If abuse is admitted, or an assessment under these procedures reaches the conclusion that on the basis of the findings of the assessment there are concerns about the person’s suitability to be in a relationship of responsibility, the Society, in consultation with the Director of Professional Standards and the Consultative Panel, shall consider what action needs to be taken concerning the future involvement of the person in the works of the Society, taking account of the degree of risk of further abuse and the seriousness of the violation of the integrity of the relationship. The Society may commission such other professional reports or make other inquiries as are necessary to determine what action should be taken.

42.4 Where the offender is a current employee of the Society, the offender’s future must be determined in accordance with the applicable procedures of employment law.

42.5 If a cleric or religious has admitted to or been found guilty of abuse, the Society shall, in person or through a delegate, meet with the offender to discuss honestly and openly the offender’s future options. The offender may be accompanied by a support person and/or legal adviser. The discussion shall take into account the seriousness of the offence and all relevant circumstances. It is unfair to hold out to a serious offender any hope of a return to the Society when it is clear that this will not be possible. The decisions of the Society as to future involvement of a cleric or religious are to be made in a manner that is not inconsistent with the provisions of Church law.

42.6 In making decisions on the future of a person found guilty of abuse, the Society shall take such action as the situation and the seriousness of the offence demand. In relation to child abuse, the Society shall be guided by the principle that no-one should be permitted to exercise a public role if doing so presents an unacceptable risk of abuse to children and young people.

42.7 As far as it is within its power to do so, the Society shall require the offender to address the issue of reparation to the victim and to the community.

42.8 The Society shall promptly communicate the outcomes in relation to an offender to the Director of Professional Standards.

Outcomes relating to other affected people and communities

43.1 Mindful that when a complaint of abuse is found to be true, or when people are wrongly accused of abuse, families and faith communities are affected, the Society should consider what steps need to be taken to assist affected people through the provision of counselling or other pastoral support, following the conclusion of the process.

Review of process and findings

44.1 A review of the Healing Path process, and/or the findings of the assessment, is available to the complainant, the accused and the Society.

44.1.1 A person requesting a review should make the request in writing to the Director of Professional Standards and should provide reasons for his or her dissatisfaction with the process or findings.

44.1.2 The Director of Professional Standards shall refer the request to the Chairperson of the National Review Panel who shall arrange for a review to take place.

44.1.3 A review is available for accused persons only if they co-operated with the assessment process.

44.2 The review is an independent evaluation, not only of whether there is substance in any of the grounds for complaint, but also whether the principles established in the first part of the document have been adhered to. A review of process and findings is not a review of the outcomes determined under Parts 41 and 42 respectively.

44.3 A complainant may seek a review within three calendar months of the end of the facilitation or otherwise when the Society gives its response to the complaint, or has failed to offer a response within three calendar months of the time when an assessment has been completed.

44.4 The accused and the Society may seek a review within three calendar months of the time when the Director of Professional Standards has furnished the assessment report to the Society.

44.5 The Chairperson of the Review Panel may allow a review outside of the three months’ time limit if there are compelling reasons to accept a request for review.

44.6 The Reviewer shall determine the procedures for the conduct of the review. Where it is necessary to do so, this may involve speaking to the complainant, the accused person or any other person concerned with the case. The complainant or accused, as the case may be, who is not the applicant for the review, should be made aware of grounds for the review that concern factual matters about which they may be able to provide further information

44.6.1 The Reviewer shall have access to all relevant documentation.

44.6.2 The Reviewer shall conduct the review expeditiously and certainly within three calendar months, unless the National Review Panel provides for a further extension of time.

44.7 At the end of the review, the Reviewer shall provide a written report with recommendations to the Chairperson of the National Review Panel.

44.8 If the Reviewer considers that there has been a failure to observe the required processes, or identifies deficiency in the findings, the Chairperson shall discuss the case with the Reviewer and at least one other member of the National Review Panel. The Panel shall consider the Reviewer’s report and make such recommendations as it sees fit to the Society in relation to the complaint.

44.9 The National Review Panel may substitute its own findings for those of the assessor or assessors, provided that it has all the information available to do so. The Panel may direct that a further assessment be undertaken.

44.10 A copy of the report and the Panel’s recommendations shall also be given to each party, the Director of Professional Standards in the relevant State or Territory, the Professional Standards Resource Group and the National Committee for Professional Standards.

44.11 The Society shall bear all ordinary and reasonable expenses of the review.

Preventive strategies

45.1 The Society shall ensure that all members, volunteers and staff are made aware of the seriousness of abuse. They should be warned of behaviour that is inappropriate or which could be interpreted as involving improper behaviour. Clerics and religious shall also be given support in fulfilling a celibate vocation.

45.2 The society shall ensure that those working with children and young people are made aware of the issue of child abuse and are given information concerning processes for reporting disclosures of abuse. They should also be given information on how to conduct work with children and young people in such a manner as to reduce the risk of child abuse, or allegation of abuse, occurring.

45.3 All members, volunteers and staff of the Society, especially those involved in providing care for children and young persons, shall have in place procedures, consistent with good child protection and industrial relations practice, for verifying the suitability of persons for employment or for participation as volunteers. They shall obey all applicable laws concerning employment screening and the prohibition of certain convicted persons from employment involving children.

45.4 Whenever the Society is concerned about the behaviour of any person connected with the Society that is inappropriate and which might lead to an allegation of abuse, this fact should be brought to the attention of the person and appropriate steps taken to determine whether the behaviour is the symptom of a deeper problem requiring attention.

45.5 Members, volunteers and staff of the Society who feel that they might be in danger of committing sexual abuse shall be offered opportunities to seek both spiritual and psychological assistance, and advice about remaining in their position, before the problem becomes unmanageable and they offend. Names of suitable therapists and treatment programs should be made available.

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45.10 The Society shall be honest and frank in references and shall not act in a way which would allow an offender to obtain employment in circumstances where others might be at risk.

45.11 In addition to the above requirements, the Society shall comply with all requirements of civil law concerned with the employment of persons in work involving children and young people.

Concluding statements

46.1 The Society shall take the necessary steps to conduct such in-service programs for members, volunteers and staff as may be necessary to inform them of the principles and procedures set down in this document.

46.2 While the distribution of this document is unrestricted, the publication of the document, its implementation, and all matters of interpretation are reserved to the National Committee for Professional Standards.

46.3 Abuse of children, young people and vulnerable adults by members, volunteers and staff of the Society has done great harm to individuals and to the Society. Despite this, it can become an opportunity to create a better organisation, but only if the response given by the leaders and all the members of the Society is humble, honest and thoroughly Christian.