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New Zealand Herald
March 5, 2002
Dialogue: Church protocol ensures vulnerable are protected
by Richard Randerson
Richard Randerson
is vicar-general of the Anglican Diocese of Auckland and dean of Holy Trinity
Cathedral, Parnell
The Anglican Church's law in New Zealand
for dealing with sexual abuse guards against a repetition of the controversy
surrounding Australia's Governor-General.
The controversy surrounding
As an Anglican bishop in
It is neither possible nor appropriate at this distance to make any comment on
Dr Peter Hollingworth, Archbishop of Brisbane from 1990 to 2001 and now the
Governor-General of Australia. But all who care for others need to take very
seriously the matters raised.
Before 1990, the Anglican Church in
The public discussion of abuse that surfaced in 1990, however, led bishops to
work with advisers, many of them women clergy and Church members, to devise
protocols covering sexual harassment and abuse. These protocols were
standardised into Church law in 2000 under Title 1, Canon D.
The main concern is for the safety and well-being of all who seek guidance from
clergy. Some are vulnerable as a result of bereavement, marriage breakdown or
another traumatic event. Others entrusted to the care of professionals are
vulnerable because they are young, powerless or lacking experience and
confidence in resisting inappropriate behaviour.
It is the grossest breach of professional trust for such persons to be
harassed, abused, or otherwise taken advantage of by those they depend on for
guidance and support. Many lives have been ruined by such actions. Some are so
badly wounded that they lapse into depression or take their own lives.
Title 1, Canon D requires bishops to take action upon receipt of a complaint or
if they become aware of a situation that breaches the church code on sexual
harassment or abuse. If the bishop determines there is a case to answer, the
minister or other church worker may be suspended pending an inquiry.
Complainants are reminded of their right to take the matter to the police if
there is a criminal component.
The bishop then has the power to call a tribunal, which includes members with
legal and counselling expertise. The tribunal investigates the case and may act
in two ways. It may act as mediator to achieve an apology and satisfactory
resolution between minister and complainant, along with whatever counselling or
oversight is needed for the minister.
Or it may advise the bishop on what steps to take with regard to the minister.
These range from admonishment to suspension from office while the minister
undergoes counselling and retraining in professional conduct, to permanent
removal from office or, in the worst cases, to a stripping of priestly capacity
(commonly known as being defrocked). The penalty depends on the seriousness of
the offence, but ultimately on whether the person's continuing ministry will be
safe for those committed to his or her care.
In the interests of providing the best pastoral outcome for all parties, the
proceedings of the tribunal are not required by Canon D to be in public. This
is common practice for other professions, and does not mean that the
proceedings are any less rigorous. Documentation should be kept to show the
correct use of Canon D.
A bishop who transgresses the code is subject to the same process. Regular
seminars run by competent professionals are held for clergy and for students
training for ordination, at which they are instructed that clergy are always
responsible for maintaining the sexual code and for the safety of those
committed to their care.
Over and beyond the question of the safety of those in need is the church's
role in moral leadership in the community. We live in an age of widely diverse
sexual practices and partnership arrangements.
Yet underneath all the contemporary flux and diversity there remains a
perception that the most fulfilling sexual relationships are those that occur
within the context of an ongoing relationship of commitment and care. Where
children are involved, such a relationship provides the stability and support
for healthy human development. Marriage has been the traditional expression of
a lifelong relationship, although the same qualities of commitment and care are
to be found in other relationships also.
Promoting relationships of commitment is not a hangover from the days of
Victorian moralism, but is consistent with social and
psychological evidence that stable and caring relationships work best for
adults and children alike.
Most churches today recognise that at times, even with the best will in the
world, a relationship may not succeed, and so make pastoral provision to cope
with separation and remarriage.
Clergy are human like anyone else and make mistakes, but it is important for
the church to promote and maintain high standards not only to ensure the safety
of those cared for, but also to encourage healthy human living and
relationships.
Church leaders, as well as other professionals, lose credibility if they
transgress the conduct code or fail to take action to deal with the
transgressions of others. Resignation from office may well be the appropriate
course for leaders who seek to sweep cases of sexual abuse or exploitation
under the carpet or persistently fail to act on complaints.
Clergy, doctors, teachers, counsellors and others are having
to deal with many situations that were ineptly handled in the days before
effective protocols existed. The new protocols provide for the handling of
situations precisely and effectively.
Cases from the past need to find closure, with all the pastoral sensitivity,
objectivity and support that can be mustered.