The Archbishop of the Anglican Church in Melbourne, Philip Freier, told an abuse survivor that under church protocols, allegations of child sexual abuse were reported to a professional standards committee used by the church rather than directly to police.
Freier made the statement in a letter sent days after he announced that the Anglican diocese of Melbourne had resolved to join the proposed national redress scheme for victims of child sexual abuse, and apologised for church failures to survivors.
The letter obtained by Guardian Australia says complaints relating to the clergy, including former bishops, are dealt with under “diocese legislation” which states complaints should be referred to an independent company established by the dioceses, Kooyoora Ltd.
The director of the professional standards division of Kooyoora then determines which cases are serious enough to be reported to police, the letter states.
“The complaints protocol adopted by the directors of Kooyoora Ltd requires the director of professional standards to notify police in the case of serious indictable offences,” Freier wrote.
“This is a matter for the director to determine the facts of each case upon taking appropriate legal advice.”
Under mandatory reporting laws in Victoria, doctors, nurses, teachers, principals and members of the police force are mandatory reporters of abuse. However a “failure to disclose” offence was introduced in 2015 that means anyone holding a position of responsibility within an organisation and who fails to provide relevant information to police if they know or believe a child has been sexually abused faces up to three years imprisonment. This includes those within churches.
The final report of the five-year royal commission inquiry into institutional responses to child sexual abuse found institutions must improve their investigation of and responses to allegations of child sexual abuse, including removing those who perpetrate child sexual abuse from ministry and reporting complaints to civil authorities.
The Anglican diocese of Melbourne states that Kooyoora Ltd is an independent company. But questions have been raised about its independence from the diocese given it was established by the diocese of Melbourne and Bendigo. A document outlining Kooyoora’s funding arrangements states the diocese gave Kooyoora one-off funding to set up an office and hire employees. Kooyoora is managed by a board that includes clergy and church members.
“The Kooyoora constitution has the ability to have up to 10 members, with the initial two members being the Melbourne and Bendigo Dioceses,” the document states. “It is envisaged that in future there will be other members”.
In his letter Freier states he can “vary or modify” recommendations from Kooyoora’s professional standards review board “but only if it is consistent with the facts found”.
A spokesman for the Archbishop of Melbourne told Guardian Australia the comments in the letter had been taken out of context and that the church was aware of the mandatory reporting laws in Victoria.
“The diocese denies any suggestion that people are being encouraged to go to the Kooyoora office of professional standards rather than the police,” the spokesman said.
“In a case of child sexual abuse, people must under the Crimes Act ... notify the police. The Kooyoora director of professional standards must also be notified as required under the diocesan legislation.”
Anne Baker, a former registrar of the diocese of Bendigo and executive director of Kooyoora Ltd, was not immediately available for comment.
Victorian MP Fiona Patten, who pushed for the royal commission, told Guardian Australia she was “outraged” by Freier’s letter and the complaints handling process described.
“It looks like we are going to have to legislate to force the churches to report child sexual abuse to the police,” Patten said. “It beggars belief that after the royal commission, and after a Victorian parliamentary inquiry into the cover-ups, that they continue to do this and perpetrate a shroud of secrecy.
“I will be raising the matter in parliament and will also consider what sort of legislation will be required to force the churches to act responsibly.”
Dr Judy Courtin, a lawyer who represents survivors of institutional abuse, said one of the most concerning aspects of Freier’s letter was the way it referred to “Melbourne diocesan legislation”.
“It makes it sound like it carries legal weight. It doesn’t,” she said.
