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Right: Gerald Ridsdale, a priest jailed over child abuse, has been quoted as supporting the suggestion that priests hearing evidence in the confessional should pass it to the police.
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Background information
The Royal Commission into Institutional Responses to Child Sexual Abuse was established in 2013 by the Australian government to inquire into and report upon responses by institutions to instances and allegations of child sexual abuse in Australia.
The establishment of the commission followed revelations of child abusers being moved from place to place instead of their abuse and crimes being reported. There were also revelations that adults failed to try to stop further acts of child abuse.
The commission examined the history of abuse in educational institutions, religious groups, sporting organisations, state institutions and youth organisations.
The final report of the commission was made public on 15 December 2017.
Recommendations from the Royal Commission to State and Territory governments that affect the status of confession
Recommendation 7.3
State and territory governments should amend laws concerning mandatory reporting to child protection authorities to achieve national consistency in reporter groups. At a minimum, state and territory governments should also include the following groups of individuals as mandatory reporters in every jurisdiction:
a. out-of-home care workers (excluding foster and kinship/relative carers)
b. youth justice workers
c. early childhood workers
d. registered psychologists and school counsellors
e. people in religious ministry.
Recommendation 7.4
Laws concerning mandatory reporting to child protection authorities should not exempt persons
in religious ministry from being required to report knowledge or suspicions formed, in whole
or in part, on the basis of information disclosed in or in connection with a religious confession.
Some of the Recommendations from the Royal Commission to the Catholic Church
Recommendation 16.10
The Australian Catholic Bishops Conference should request the Holy See to amend canon law so that the pontifical secret does not apply to any aspect of allegations or canonical disciplinary processes relating to child sexual abuse.
Recommendation 16.12
The Australian Catholic Bishops Conference should request the Holy See to amend canon law to remove the time limit (prescription) for commencement of canonical actions relating to child sexual abuse. This amendment should apply retrospectively.
Recommendation 16.18
The Australian Catholic Bishops Conference should request the Holy See to consider introducing voluntary celibacy for diocesan clergy.
Recommendation 16.19
All Catholic religious institutes in Australia, in consultation with their international leadership and the Holy See as required, should implement measures to address the risks of harm to children and the potential psychological and sexual dysfunction associated with a celibate rule of religious life. This should include consideration of whether and how existing models of religious life could be modified to facilitate alternative forms of association, shorter terms of celibate commitment, and/or voluntary celibacy (where that is consistent with the form of association that has been chosen).
Recommendation 16.20
In order to promote healthy lives for those who choose to be celibate, the Australian Catholic
Bishops Conference and all Catholic religious institutes in Australia should further develop,
regularly evaluate and continually improve, their processes for selecting, screening and training of candidates for the clergy and religious life, and their processes of ongoing formation, support and supervision of clergy and religious.
Recommendation 16.26
The Australian Catholic Bishops Conference should consult with the Holy See, and make public any advice received, in order to clarify whether:
a. information received from a child during the sacrament of reconciliation that they
have been sexually abused is covered by the seal of confession
b. if a person confesses during the sacrament of reconciliation to perpetrating child
sexual abuse, absolution can and should be withheld until they report themselves
to civil authorities.
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