1.1This section of the document deals with procedures. It is to be implemented in the context of the previous section on principles.
1.2 These procedures are intended to apply to all complaints of sexual abuse by Church personnel, whether they be clerics or religious.
1.3 In applying these procedures, the penal and procedural provisions of the Code of Canon Law should be respected. It is up to the accused to initiate a Canonical Process if he or she wishes to do so.
1.4 If a complaint concerns a criminal offence, every precaution should be taken to ensure that implementation of these procedures will not interfere with or obstruct the operation of any relevant agency of the secular law. The most practical way to carry this out is to discontinue any enquiries or procedures until action by police or other civil authorities or any other legal procedures have been completed. The complainant should be advised of this. Retain all documents or records for future use. Ensure co-operation with police or other civil authorities in relation to lawful and reasonable requests. If there is any doubt as to what amounts to lawful and reasonable requests, seek legal advice.
1.5 A complaint of sexual abuse raises medical, psychological, spiritual, legal and practical questions. An appropriate response will, therefore, need to be based on a team approach.
1.6 Diocesan and archive records
It is important to be able to access accurate diocesan and archive records relating to clergy and religious appointments, past and present. People responsible for maintaining and accessing records should check them for completeness and accuracy. All present and future records should be carefully maintained. In addition, accurate records of all personnel working in care-giving roles within the church should be kept.
2.1 The scope of the terms “sexual misconduct” and “sexual abuse” is very broad and often their meaning is not clear. Moreover, related terms are often given different meanings in different contexts. In the interests of clarity the committee preparing this document found it useful to make the following distinctions and state clearly what is meant by certain important terms as they are used throughout this document. We find it helpful to differentiate between sexual misconduct and sexual abuse.
2.2 Sexual misconductis any conduct of a sexual nature that is inconsistent with our witness to chastity but which does not necessarily involve an abuse of power or status – for example, misconduct with a freely consenting adult where there is not or has not been a professional or pastoral relationship.
2.3 Sexual abuseis any conduct of a sexual nature that is inconsistent with the public commitment to celibacy and duties and responsibilities of clerics and/or religious and which involves an abuse of power or status. It includes, for example, a sexual relationship with a parishioner or sexual relationship with a child or young person.
We find it helpful to further differentiate between sexual abuse which is criminal abuse and sexual abuse which is non-criminal abuse
2.4 Criminal abuse is sexual conduct with a child, young person or adult which is unlawful under the criminal laws of New Zealand.
2.5 Non Criminal abuseis sexual abuse by a cleric or religious where there is or has been a pastoral or professional relationship but where the abuse is not contrary to the criminal laws of New Zealand.
2.6 Accused refers to the person against whom a complaint of sexual abuse is made.
2.7 Chastity refers to that virtue which all Christians are called to live by and give witness to. (Canon 277, 672) This means in living a chaste life clerics and religious must:
a) avoid actions or language that could be interpreted as sexually provocative;
b) never seek to initiate sexual behaviour;
c) reject any invitation to participate in sexual behaviour;
d) avoid situations and relationships that place undue stress on one's ability to remain committed to the virtue of chastity.
2.8 Church authority refers to a diocesan bishop, or a leader of a religious institute, or their authorised representatives.
2.9 Church body refers to a diocese, a religious institute, or any other juridical person generally perceived to be part of the Catholic Church.
2.10 Church personnel includes any cleric or member of a religious institute or member of a society of apostolic life.
2.11 Civil authorities refers to members of the police service, as well as officials of the government departments responsible for social welfare and child protection, for the administration of laws relating to complaints of sexual harassment, for the discipline of professions, and for industrial relations.
2.12 Cleric refers to any person who has been ordained to the diaconate and incardinated into a diocese or religious institute or society of apostolic life. Although it is recognised that a seminarian is not canonically a cleric before ordination to the diaconate, nevertheless for the purposes of this document, the term 'cleric' includes a diocesan seminarian.
2.13 Complainant refers to the person who has alleged sexual abuse against a cleric or religious. In most but not all cases the complainant will also be the alleged victim, and this is to be understood in this document unless the context suggests otherwise.
2.14 Delegate refers to the officially appointed representative of the diocesan bishop who has authority to act on the bishop's behalf in dealing with allegations of sexual abuse by clergy or religious.
2.15 Offender refers to a person who has admitted sexual misconduct or has had it proved against her/him.
2.16 Professional abuse is the engaging by a professional in sexual behaviour with someone with whom they have a ministerial relationship such as a priest with a member of his congregation, a counsellor with a client, a teacher with a student.
2.17 Religious refers to a member of a religious institute or a society of apostolic life recognised by the Catholic Church. For the purposes of this document it shall also include any person formally admitted into an institute's programme of formation.
2.18 Religious delegate refers to the officially appointed representative of a congregational leader who has authority to act on the leader's behalf when allegations of sexual abuse are made against a member of their congregation.
2.19 Victim refers to the person against whom the sexual abuse was directed.
3.1Each diocesan bishop (or congregational leader if a committee is established) will appoint from within his diocese or congregation a delegate who will act as his representative when an allegation of sexual abuse against a cleric or religious is received. It will be a particular responsibility of the delegate to see that the provisions of this document are observed in dealing with any complaints of this nature.
3.1.1 The choice of the delegate is a key decision. The delegate may be a man or a woman providing that he or she is able to establish rapport with complainants. This is particularly important where the delegate is also a contact person for complainants. Relevant attributes of a delegate include sensitivity, warmth of personality, approachability and capacity to listen sympathetically, lack of attitude of defensiveness, decisiveness, experience in interacting with people in a variety of situations and ability to facilitate meetings while dealing with tension. Some knowledge of Canon law is desirable and the delegate should have the confidence of the clergy and religious.
3.1.2 A deputy delegate should also be appointed who will have the same duties and functions as the delegate in the latter’s absence or incapacity, or for any other sufficient reason.
3.1.3 If the complainant has initially contacted the church authority rather than the delegate, the church authority, with the complainant’s agreement and understanding of the process will always pass the complaint on to the delegate to be dealt with by the SexualAbuse Protocol Committee. If the complainant does not agree, the complaint cannot be formally investigated at this stage.
3.2The identity of the delegate is to be made publicly known. The delegate should also make herself/himself known to the police and other social agencies concerned with the welfare of children.
3.3 The delegate should be authorised and directed by the bishop or congregational leader to respond as soon as possible whenever an allegation of sexual misconduct against a cleric or religious is received.
3.4 The delegate is responsible for seeing that all pastoral, legal and canonical obligations, as set out in this protocol document, are identified and acted upon promptly. The delegate has responsibility for co-ordinating the response of the diocese or religious congregation to the complaint.
3.5 The delegate is to keep the bishop or congregational leader (in the case of a religious) informed at every stage of the proceedings when allegations of sexual misconduct are being dealt with.
3.6 The delegate should also promote among the priests of the diocese awareness and understanding of the issues involved in sexual abuse, the effects it can have, and the professional boundaries that must be observed by those involved in pastoral ministry.
3.7 The delegate will also be the convener of the Abuse Protocol Committee. The delegate shall convene and chair meetings as required, liaise with the Sexual Abuse Protocol Committees of other dioceses and individual church bodies and their professional advisers, have an overview of all matters dealt with by the committee, and be responsible for the safekeeping of all documentation connected with the committee.
3.8 Each congregational leader should appoint someone from within the congregation to act as the religious delegate in cases where an allegation of sexual abuse is made against a member of the congregation. The religious delegate will have responsibilities within the congregation similar to those of the bishop’s delegate within the diocese and will work in close liaison with the bishop’s delegate in cases involving a member of the religious congregation. It will be the religious delegate’s responsibility to keep the congregational leader informed at every stage of the proceedings.
3.9 Each diocesan bishop of the Catholic Church of New Zealand will establish and maintain a Sexual Abuse Protocol Committee. A congregational leader may establish an Abuse Protocol Committeeor is urged to make use of the diocesan committee when needed. Normally, when the complainant and the accused live in separate dioceses the Sexual Abuse Protocol Committee of the diocese where the complainant lives will deal with the complaint.
3.10 This committee will have three principal functions:
3.11 The Sexual Abuse Protocol Committee should consist of a suitable number of persons, both men and women of diverse backgrounds, chosen for their expertise in areas related to matters concerning sexual abuse and misconduct and their appropriate analysis of power issues. Committee members should be approachable, have the capacity to listen sympathetically and deal sensitively with people who are stressed and emotionally overwhelmed. The committee must also include the bishop’s delegate and in particular cases where the accused is a religious, the congregation’s delegate. It also has the right to co-opt others with special expertise when the matter being dealt with requires it. The Handbook, paragraph 2, contains more detailed guidelines on the composition of the committee.
3.12 Each committee shall ensure that, from among its own members or elsewhere, suitable persons, both men and women, are available to act as contact persons. They should be chosen for their capacity to listen sympathetically and deal sensitively with people who are stressed and emotionally overwhelmed. Each diocese is to have an advertised list of these persons whom anyone wishing to make a complaint may contact. These persons will ensure that the complainant is put in touch with the delegate (or deputy) or a member of the Sexual Abuse Protocol Committee (who will then inform the delegate).
3.13 Any person who becomes aware of an instance of sexual abuse involving a cleric or religious should refer that allegation to the appropriate church authority.
3.14 Anonymous complaints are to be treated prudently. An anonymous complaint cannot have the full force of one made by an identified person, but it is recognised that anxiety and fear may persuade some complainants not to reveal their identity immediately.
3.15 Upon receipt of an identifiable complaint of sexual abuse the delegate (or in her/his absence the deputy) will as soon as possible convene a meeting of the Abuse Protocol Committee who will deal with the matter.
3.16 In the conduct of the process of investigation following the reception of a complaint, the committee must see to it that the following “functions” are carried out, usually by different persons:
4.1 The general outline of the procedures to be followed upon notification of a complaint is given in Figure One below. A more detailed schema of the procedure is given for the guidance of the committee in Appendix Four.
Figure 1
4.2 Receiving the complaint
Upon being notified that someone wished to make a complaint of sexual abuse against a cleric or religious, the committee will arrange for a preliminary interview with the complainant to establish details of the allegations. The interview should be conducted by two people. The make- up of the team (e.g. gender, ethnicity) should be determined by the needs of the case. The complainant will be invited to have a support person present at the interview.
4.2.1 If after interviewing the complainant or having received a report of this interview from the investigators the committee comes to the conclusion that the complaint has substance, the church authority will be advised immediately and the accused notified that a complaint has been made.
4.2.2 At any point in the process, if the church authority, on advice from the committee, forms the opinion that there may be a risk of further harm to a person, the authority will then arrange for the accused to take leave from his/her position or ministry immediately until it is ascertained that there is no risk. If guilt has been admitted or proved, the church’s response must be appropriate to the seriousness of what has happened. Serious offenders will not be given back the power they have abused.
4.2.3 In making a recommendation as to whether or not the accused should take leave immediately from his/her position or ministry, the committee shall have regards to:
4.3 At interview, and as far as possible on first contact, the person making the complaint should be assured of the following:
4.4 A compassionate response to the complainant must be the first priority. However, a thorough investigation is also required to ensure that the church authority’s response is based on justice and fairness to all parties. If a committee decides that the complaint requires investigation, action shall be taken in three distinct phases:
4.4.1 Investigation phase
The committee should appoint an investigator (and assistant). The appointments should reflect consideration of gender and ethnicity as appropriate. Terms of reference should be provided indicating that the investigator is to conduct an investigation and indicate whether or not the complaint is proven, based on the evidence. The investigator (and assistant) may be persons who are not committee members, but if they are committee members, they should not take part in the assessment phase of this complaint.
An investigator should be trained as an investigator. The assistant may be a counsellor or have pastoral experience to provide an opportunity to combine the investigation and pastoral approaches. The investigation should be completed within a specified time frame with a report to the committee.
An investigator should be asked to declare any conflict of interest in a particular case. Normally, this person would not then be suitable for that investigation if there was a conflict of interest.
4.4.2 Assessment phase
The committee (excluding the investigator and assistant) should act as assessors by receiving and considering the report. If they need clarification or further enquiries to be carried out they should ask the investigator and assistant to advise them or complete the investigation.
The committee is then required to make recommendations to the Bishop or Congregational Leader (see paragraph 5.15 for matters to be included in the report). Minutes should be kept to record the roles carried out by members of the committee and the members who are making recommendations to the Bishop or Congregational Leader etc.
4.4.3 Resolution phase
The Bishop or Congregational Leader is responsible for determining the resolution of the complaint.
4.5 Conducting an Investigation
4.5.1 Interviewing the complainant
The investigator and assistant should seek an interview with the complainant who will be invited to have a support person present. If these details have not already been obtained, the interview should include the following:
(It is important to receive all allegations against clergy or religious in the Catholic Church to avoid multiple investigations being conducted and multiple claims in respect of the same injuries or psychological consequences. Liaison with other dioceses or congregations is required if complaints are made in respect of their members.)
4.5.2 If a complainant requires assistance either to make or to articulate a complaint then the investigator will ensure that a suitably skilled person provides that assistance.
4.5.3 The interviewer should ask for written authorisation from the complainant for the committee to proceed to deal with the complaint on the complainant’s behalf . This will involve an investigation where not only the complainant will be spoken to but also others who may be able to help (see e.g. 4.6). It should be suggested to the complainant at first contact that he or she may like to compile a written report containing times, dates, precise details of incidents. To do this is usually healing in itself, clarifies the memories, and it will be helpful to the investigators. It can also be easier for the complainant to hand over a report to be read than to tell the story orally to strangers.
4.5.4 If a complaint has not been received in written form, a factual account of the initial interview at which the complaint is received should be written by the interviewers as soon as possible after the interview. One option is to tape record the interview with the complainant’s consent. The report or a transcript of the tape recorded interview should be shown to the complainant who will be asked to sign it as an accurate account of what the complainant is alleging.
4.5.5 The complainant should also be asked whether or not he/she has told someone about the incident. If so, when and under what circumstances? Also the complainant should be asked if he/she agrees to that person or those persons being interviewed. If he/she does not agee this should be noted.
4.5.6 An interview with a child victim should be conducted only by persons recognised as skilled practitioners in interviewing children.
If a child does disclose an allegation of abuse in a context which is not a formal interview, the adult should note down exactly what the child said. Words must not be put into a child’s mouth, and it should not be suggested that he or she has been abused. The consent of the child’s parent or guardian should be sought before a formal interview takes place with a suitable skilled practitioner. If a child is disclosing a criminal offence by an accused person who is still alive, this is normally a matter for the police.
4.6 Further enquiries
The investigator may consider it appropriate to make further enquiries in order to corroborate or clarify the substance of the complaint. With the complainant’s knowledge and consent,enquiries may be appropriate with some or all of the following:
The complainant should be advised not to contact such persons first as this may (inadvertently) influence the evidence they will give to the investigators.
4.7 Because of the obligations of the sacramental seal at no time during the investigation of a complaint should the Church authority or any priest on the Sexual Abuse Protocol Committee or any priest involved in the investigation hear the sacramental confession of the accused.
4.8 Prior to formal interview with the accused
Once the committee has concluded there is substance in the complaint, the accused needs to be interviewed. The accused should be notified as soon as possible that a complaint has been made against him/her. This should be done by letter, preferably hand delivered by the delegate in person or by the investigator appointed by the delegate. Notification of the complaint should be kept separate from the formal interview with the accused.
4.9 The accused is to be advised exactly what is alleged to have been done. At the same time he/she is also to be advised of the right to have legal (canonical and civil) counsel and of the right in law to remain silent. The accused may initiate a canonical process if he/shewishes to do so. The accused is also to be informed that in both civil and church law a person is presumed innocent until proven guilty.
The accused must also be directed to have no contact whatsoever with the complainant, alleged victim, or family and friends of the complainant or victim, while the allegation is being investigated.
4.10 Interview with the accused
The formal interview should be conducted by the investigator and one other person. Under current Canon Law, if the accused is a priest or religious person, one of the interviewers must be a priest.
4.11 The accused will be invited to have a support person present at the interview, if he/she so wishes.
4.12 At the start of the interview the accused should again be informed of his/her rights. If the accused then chooses to have legal counsel, the interview will be suspended until such time as the counsel can be present.
4.13 The expenses of legal counsel should normally be met by the accused. However, if the accused is a religious, they will be met by the congregation. If the accused is a diocesan priest and it is clear that he personally cannot afford legal counsel, then the diocese will make some arrangement with him to cover reasonable costs during the investigative process.
4.14 The accused has a right to know the identity of the complainant and exactly what has been alleged. If the complainant has made a written allegation or has signed a transcript of a taped interview, the accused should be shown it.
4.15 The accused should be invited to respond to the allegations but is not bound to do so, nor may an oath be administered. The investigators/interviewers will receive from the accused (either personally or through a representative) any explanation or account of events which he/she may wish to make. One option is to tape record the interview with the approval of the accused. Otherwise, the accused’s (or his/her representative’s) exact words should be written down (as accurately as possible).The tape recorded transcriptor the statement should be signed by the accused as a true record, and retained as part of the process. The accused must be advised that the complainant may view this document on request (section 6 - Information Privacy Principles -Privacy Act 1993) It should be pointed out that this document might be seen by others if the matter becomes a civil/criminal complaint. Should the accused decline to sign, this should be noted on the document.
4.16 If the accused admits the truth of the allegations or part/some of the allegations:
4.17 If the accused denies the allegation, it may be necessary to offer him/her the opportunity to provide corroboration or support for that position. Great prudence and sensitivity is needed in this situation. The privacy laws of New Zealand, the accused’s right to his/her good name, and the fact that the Sexual Abuse Protocol Committee does not have statutory investigative power all mean that the consent of the accused will be required before other persons can be interviewed to corroborate or support the accused’s testimony. The accused should be advised not to contact such persons first as this may (inadvertently) influence the evidence the latter will give to the investigators.
4.18 If the accused denies the allegation and is unwilling to have other persons interviewed who may corroborate his/her position, or there is no evidence available due to the passage of time, then it may be necessary for the investigators to have recourse to the complainant again. In this situation the complainant should be told that the accused denies the allegation. The complainant may have already provided information about other persons who could give corroborating evidence on his/her behalf. However, this is another opportunity for the complainant to provide further information which would help to establish the truth of his/her complaint.
4.19 The investigators must record as accurately as possible the statement of any person being interviewed. This may be by tape recording or writing down the response of the interviewee. The interviewee should then be invited to sign his/herstatement or a transcript of the tape recording. If an interviewee declines to sign for whatever reason, this should be noted in the report.
4.20 At the conclusion of all interviews – of the complainant, the accused, and any corroborative witnesses - a factual report should be written by the investigators and then given to the delegate and the committee.
4.21 It is not appropriate that the church be conducting its own proceedings (either through a canonical process or through the Sexual Abuse Protocol Committee) at the same time as any secular proceedings (criminal or civil). Therefore, if a police investigation is underway or a civil process has been initiated, then, as a general rule, the committee should suspend its own proceedings until the secular process is complete. The parties should be advised of this.
4.22 Issues to consider if the accused is deceased
If the accused is deceased, great care must be taken to carry out all enquiries thoroughly. There will be some occasions where it is unsafe to draw any conclusions. On other occasions, it will be possible to determine whether or not a complaint has been proven. Matters of particular importance are:
4.23 Findings/Conclusions
The committee must weigh all the evidence received from the investigators and come to a conclusion, on the balance of probabilities, whether or not the complaint is proven.
5. Bringing a case to resolution
5.1 A complaint may be brought to resolution in one of the following ways:
5.2 When guilt is admitted or proven (paragraphs 5.2 to 5.20 apply)
If the accused admits guilt or it is proven against him/her, the committee is required to report to the Bishop or Congregational Leader (see paragraph 5.15). The Bishop or Congregational Leader may ask the committee to assist in bringing the complaint to resolution as soon as practical. Primary concerns of the committee at this stage should be healing for the victim and recovery (as far as possible) from the harmful effects of the abuse. The needs and concerns of the complainant are of primary importance and must always be listened to with respect - even when they cannot be met in full.
5.3 Other concerns should be an appropriate response to the offender, (which includes the removal of risk to others and reducing the risk of re-offending) attending to the needs of others affected by the offending (for example, family of victim, parish community, religious congregation, school etc) putting into place procedures and safeguards to lessen the risk of similar offending by others, and ultimately the healing of all parties affected by the abuse.
5.4 The delegate shall seek to know the ongoing needs of the complainant as a result of the harm done and what expectations he/she has of the church authority with awareness that these may evolve over time. The delegate will also seek to know the needs of the victim’s family and of the community in whose midst the abuse occurred.
5.5 Among the needs a complainant may have is the need of expert help to assist with healing and coming to terms with what has happened. He/she may need counselling or psychotherapy. The committee should have available a list of suitable counsellors and psychotherapists that can be recommended should the complainant request it.
Advice that there may be an entitlement to payment of counselling expenses under the ACC provisions should be given. Tact and sensitivity will be needed in suggesting the availability of such resources, lest the complainant take offence at the mere suggestion that he/she may need therapy.
5.11 Restorative justice
A situation where an offender is willing to make an apology and a victim is ready to receive it may be the start of a restorative justice process. Restorative justice is a biblical set of principles that encourages an offender to make things right with his/her victim after a crime has occurred.
5.12 Restoration of victims and offenders becomes a goal, something to strive for. Communities are also injured by crime and need restoration.
5.13 It is essential that the victim and offender are willing participants. A competent and experienced facilitator should be used to conduct a reconciliation meeting. Offenders could be serving a prison term or may have been released. Restorative justice could apply to an offence committed 30 years ago or very recently. The offender must be willing to apologise and make things right. The victim must also be ready to move forward.
5.14 Sometimes a complainant asks for compensation/recompense. The following considerations should be borne in mind:
When payment is made, the complainant should be required to sign a full and final deed of settlement. To ensure that all claims against any diocese or congregation are included, the deed should include the following clause:
The complainant acknowledges that he/she has no other existing claim for any form of abuse or its consequences (which he/she has made or might make) against the church, its Bishops or any member of a religious congregation of the Catholic church in New Zealand.”
The deed should be drawn up by a knowledgeable and experienced lawyer.
5.15 The decision as to what form of resolution follows is a decision of the church authority. The Sexual Abuse Protocol Committee shall make recommendations to the Bishop or Congregational Leader with regard to the resolution of the complaint, including:
5.16 The committee should recommend those things which promote healing, restoration to wholeness of life, and a lessening of the damage sustained by the abuse.
5.17 The Church Authority may wish to resolve matters directly with the complainant or may ask the delegate and the committee to act on its behalf. If the committee is asked to do so, the delegate will see to it that the result of the investigation and a response of the Bishop or Congregational Leader are made known to the complainant as soon as is reasonably possible.
5.18 Once the church authority has decided the complaint is proven and resolution is required, the complainant will be invited to meet with the church authority or delegate and/or members of the committee to discuss a fair resolution of the complaint. The complainant may have a support person present, if he/she wishes it. When the alleged offender is a member of a religious congregation, the religious delegate should also be present.
5.19 The Church Authorityor delegate will inform the complainant of the Church Authority’s response to the needs and expectations of the complainant, and will attempt to bring about a resolution.
5.20 If the complainant is not satisfied with the response received, theChurch Authority may askthe delegate to seek to identify the outstanding issues and explore with the Church Authority and the complainant the best means of resolving these issues. The complainant should also be advised of the review of process (para 6 below).
5.21 Where guilt is not proven (paragraphs 5.21 and 5.22 apply)
If the accused denies the allegations and the complaint is not proven (based on the investigation), the Church Authority, the accused and the complainant are to be advised.Of particular importance is the protection of the reputation of the accused person and this should be discussed with him/her to ensure that he/she understands the process that has been undertaken and that his/her good name and reputation will be upheld.
5.22 On some occasions the accused may be vindicated by the evidence establishing that he/she is innocent. Full support, including counselling and ministry, should be made available as this will have been a time of great stress. If appropriate, the complainant may also be offered ongoing pastoral support.
6 Review of the process
6.1 A review of process is available if either the complainant or the accused is not satisfied with the investigation or decisions taken by the relevant church authority in relation to any aspect of the complaint. Also a SexualAbuse Protocol Committee may request a review on its own volition.
6.2 The review of process is an independent evaluation, not only of whether the procedures set out in this document have been properly observed, but also whether the principles established in the first part of the document have been adhered to.
6.3 Reviews will be undertaken by the National Director, National Office for Professional Standards. If, for any reason, a particular review cannot be undertaken by the National Director, it will be the responsibility of the National Director to appoint another appropriately skilled person to conduct the review.
6.4 Reviewers should be chosen for their professional competence and be publicly recognised as being impartial and independent of the committee.
6.5 The delegate shall inform the relevant church authority and thecomplainant that a review of process has been requested.
6.6Conduct of the review
6.7 The reviewer will determine the procedures for the conduct of the review
6.8 The reviewer will have authority to interview all church personnel concerned and will have access to all relevant documentation.
6.9 The reviewer should conduct the review expeditiously. If the review exceeds a month, the reviewer should advise the delegate and complainant of the progress being made and likely time frame for completion.
6.10 At the end of the review, the reviewer will give a draft written report to the delegate to check for factual accuracy.
6.11 After considering any comments provided by the delegate, the reviewer will prepare the final report with recommendations to the delegate and a copy to the complainant.
6.12 The delegate will give a copy of the final report to the relevant church authority. As soon as convenient, the delegate will discuss with all parties the implementation of the recommendations.
6.13 When the review is conducted by the National Director, National Office for Professional Standards, or by another person appointed by the Director, the National Office will bear the costs of the review of process.
7. Keeping of records
7.1 New Zealand has strict privacy laws and persons have a right to know what information concerning them is being kept in an archive. Therefore, when an investigator is obtaining statements or information from any person, the investigator should not provide an undertaking that the statement or information will remain confidential.
7.2 Once a case has been concluded, there must be a good reason for documents to be retained. Experience has shown that sometimes further complaints are made against the same accused person and this can be many years after the original complaint. This amounts to a good reason to ensure all documents are retained as they are likely to be relevant if further complaints are made.
7.3 As a general rule, all documents should be retained in the committee’s secure archive for a minimum of 30 years after a complaint is received.
7.4 Both the complainant and accused have the right to know which documents concerning them personally are being retained. This information does not have to be volunteered, but if asked for, should be given. The complainant is entitled to receive copies of the documents he/she has signed.
7.5 The complainant and the accused should be informed that the records will be retained for a minimum of 30 years from the time the complaint was received.
8. Outcomes relating to the accused
8.1 If the complaint is not resolved, either through the processes of civil law or through an investigation by the Sexual Abuse Protocol Committee, the Church authority must decide whether it is appropriate for the respondent to continue in ministry or return to ministry while the doubt remains.
8.2 If it has been discovered that the accused is guilty of sexual abuse, the Church authority will take such action as the situation and the seriousness of the offence demand. This will mean that if the offender has abused the power given by a ministerial position, that power will not be given back. If he is a cleric, it could also include a request that he apply to return to the lay state, or even the commencement of a canonical penal process in accordance with canons 1717-1731.
8.2.1 The Church authority will require the offender to address the issue of restitution to the victim and to the Church community.
8.3 Only the bishop can decide whether or not a priest or religious convicted of sexual abuse can resume public ministry in his diocese. Each case has to be decided individually. Important factors to be taken into consideration are:
8.4 Moreover, in order to re-admit an offender to public ministry the bishop would have to be satisfied that:
8.5 If the Church authority judges that the offence is such that a return to ministry is not an option, or if the offender does not meet the conditions necessary for a return to pastoral ministry, then he or she should be clearly told so. The Church authority should, either in person or through a representative, meet with the offender to discuss honestly and openly his or her future options. The offender is entitled to be accompanied by a support person and/or legal representative.
8.5.1 The options include the following:
8.6 If a police investigation and/or a church investigation make it clear that the accused is innocent of the alleged offence, the Church authority will take whatever steps are appropriate to vindicate the reputation of the accused
9. Other persons affected
9.1 Pastoral concern should be shown towards all those besides the victim who are affected when a priest or religious is known to be guilty of sexual abuse. The family and close friends of the victim are most obviously affected. But also the parish or school community in which the offender worked, the family and friends of the offender, his brother priests in the diocese, the religious community (both local and provincial) if the offender is a religious – all in varying degrees and ways suffer when a priest or religious is guilty of sexual misconduct.
9.2 Prompt and appropriate assistance must be offered to family and friends of the victim. They should be consulted with regard to their needs and the Church authority should endeavour to meet them as far as reasonably possible and the way left open for further approaches should help be needed after the conclusion of the process.
9.3 Similarly prompt and appropriate assistance should be offered to the family and close friends of the offender, who often don’t know how to relate appropriately to the offender, once they know what has been done. The Church authority or delegate should make sure that a suitable person contacts the offender’s family and close associates promptly once the offence is known and hears their concerns and offers support.
9.4 The effects on a parish community when their priest is accused of sexual abuse can be devastating – leading to confusion, loss of confidence and trust in Church authority, and even deep divisions within the parish. An appropriate pastoral response should be provided promptly, with due regard to the right of privacy of those involved, and to the administration of justice.
9.4.1 It would very often be appropriate for the bishop himself to visit the parish and listen to, and address as far as he can, the needs and concerns of the parishioners.
9.4.2 Based on the needs expressed by the people during this visit, a programme of pastoral support and spiritual renewal for the parish should be jointly prepared by the bishop, the replacement priest and the parish pastoral council.
9.5 When the offender has been exercising ministry in a Catholic school, the effects can be similarly devastating. The board of proprietors and the board of trustees should have in place appropriate policies for dealing with this kind of situation. It may also be appropriate for the bishop or congregational leader (when the offender is a member of a religious congregation) to visit the school community as soon as possible after the offence has become known.
9.6 If the offender is a religious, both the local and provincial community, are affected by the accusations. It is important that the congregational leader give the community, as far as possible, and within the bounds permitted by the Privacy Act, accurate information as to who is accused and the nature of the accusation, particularly if it is likely that the allegations will be published in the media. The congregational leader should also visit promptly the local community in which the accused was living to allow the members to express their feelings and to encourage them for the future.
10. Preventative strategies
10.1 Each Church authority should ensure that all Church personnel are made aware of the seriousness of sexual abuse and of the professional boundaries that must be observed in the conduct of ministry and pastoral practice. They should be warned of behaviour that is inappropriate or which crosses professional boundaries. There must be explicit training as to what constitutes unacceptable behaviour.
10.2 Whenever a Church authority is concerned about the behaviour of a priest or religious, this concern should be brought to the attention of that person and appropriate steps taken to determine whether the behaviour is the symptom of a deeper problem requiring attention.
10.3 Priests and religious who feel that they might be in danger of committing sexual abuse should be offered opportunities to seek both spiritual and psychological assistance before the problem becomes unmanageable and they offend. Names of suitable therapists and treatment programmes should be readily available.
10.4 Whenever a priest or religious makes a request to transfer from one diocese or congregation to another, or to carry out an apostolate in another diocese or religious province, the appropriate Church authority should inquire explicitly of him or her whether there has been a complaint of sexual abuse against him or her or whether he or she knows of any circumstances that could lead to a complaint of sexual abuse against him or her.
10.4.1 Similarly the same Church authority should request from the bishop or congregational leader in the diocese or congregation where the priest or religious previously lived and worked, a statement in writing that they are not aware of any complaint of sexual abuse having been made or any circumstances that could lead to a complaint of sexual abuse.
10.4.2 When a religious priest is being transferred by his congregational leader from one diocese to another, a request for a reference from the congregational leader, which explicitly addresses the question of a complaint of sexual abuse, should be included in the normal procedure leading to the granting of diocesan faculties. A similar reference should also be required from the diocese of origin when a diocesan priest is transferring from one diocese to another.
10.4.3 Congregational leaders should also review their procedures for accepting religious of their congregation coming from other countries to reside in a New Zealand community or to take up a ministry in New Zealand. Clearance such as is suggested in 10.4.2 should be sought and obtained.
10.5 All vocation directors and directors of formation are required to have adequate in-depth education about and understanding of the serious consequences of sexual abuse, particularly sexual abuse involving children. They should be aware of the indicators of this problem and of the high risk of repeated offending. This issue should be considered regularly at conferences and meetings of vocations directors and formation personnel.
10.6 Before candidates are accepted into a seminary or religious institute, they are to be asked to undergo a psychosexual assessment conducted by a competent professional. They should also be asked explicitly whether or not there are any circumstances which have or could lead to a complaint of sexual abuse against them.
10.6.1 While due process must be observed, any serious incident of proven sexual abuse will lead to the dismissal of a seminarian from a seminary or a candidate from a congregation’s programme of formation. This includes any incident which may have occurred before the candidate entered the seminary or formation programme.
10.7 Church bodies, especially those involved in providing care for children, must have in place procedures, consistent with good employment practice and the privacy laws of New Zealand, for checking references and verifying the suitability of persons for employment.
10.8 Church authorities shall be honest and frank in giving or writing references and shall not act in a way which would allow an offender to be placed in a position where others might be at risk.
10.9 Each Church authority shall provide in-service programmes for clergy and religious to inform them of the principles and procedures set down in this document.
11. Conclusion
11.1 The problem of sexual abuse is not a problem which belongs simply to the bishops and congregational leaders. It is a problem which confronts the whole Church community and which must be addressed in a sensitive and effective manner.
11.2 This document provides a basic framework to deal with complaints of sexual abuse. It will not solve the problem and it does not mean that further investigation, research and education is not required. All members of the Church should be aware of this document and of the availability of prompt and effective assistance to deal with any complaint of sexual abuse.
Here follows a list of the bishops of New Zealand who accept this Protocol:
Most Reverend John Dew DD - Archbishop of Wellington
Most Reverend Denis G Browne DD - Bishop of Hamilton
Most Reverend Colin Campbell DD - Bishop of Dunedin
Most Reverend Peter J Cullinane DD - Bishop of Palmerston North
Most Reverend Patrick J Dunn DD - Bishop of Auckland
Most Reverend Barry Jones DD - Bishop of Christchurch
Most Reverend Robin Leamy DD - Assistant Bishop in Auckland
Here follows a list of New Zealand Congregations which accept this Protocol:
Assumptionist Fathers
Capuchin Friars
Cenacle Sisters
Christian Brothers
Cistercians
Columban Fathers
Congregation of Our Lady of the Missions
Daughters of Our Lady of Compassion
De La Salle Brothers
Discalced Carmelite Nuns
Divine Word Missionaries
Dominican Friars
Dominican Sisters
Franciscan Friars
Hospitaller Brothers of St John of God
Little Company of Mary
Little Sisters of the Assumption
Little Sisters of the Poor
Marist Brothers
Marist Sisters
Mill Hill Missionaries
Misisonary Sisters of the Society of Mary
Mission Society of the Philippines
Missionaries of Charity
Missionary Sisters of St. Peter Claver
Nga Whaea Atawhai o Aotearoa, Sisters of Mercy New Zealand
Redemptorists
Religious of the Sacred Heart
Rosminian Fathers
Sister Disciples of the Divine Master
Sisters of Nazareth
Sisters of St. Brigid
Sisters of St. Joseph of Cluny
Sisters of St Joseph of Nazareth
Sisters of St. Joseph of the Sacred Heart
Sisters of the Good Shepherd
Sisters of the Holy Faith
Sisters of the Presentation of the Blessed Virgin Mary
Society of Mary
Here follows a list of Agencies of the New Zealand Catholic Bishops Conference which accept this Protocol:
New Zealand Catholic Education Office
The 1990's saw the Church rocked by revelations of sexual abuse. This public document was prepared so that the community may judge the resolve of Church leaders to address the issues fairly and compassionately.
All NZ Bishops and Congregations have accepted this protocol.
This is a 'living' document, to be developed and improved as experience and practice dictate.
Copies of the complete document "A Path to Healing - Te Houhanga Rongo" can be obtaned from the
National Office for Professional Standards
PO Box 12 265
Thorndon
Wellington 6144
Email: prof.standards@xtra.co.nz
This work is copyright. It may be reproduced in whole or in part for research, study or training purposes subject to the inclusion of an acknowledgment of the source and no commercial usage or sale. Reproduction for purposes other than those covered above, requires the written permission of the New Zealand Catholic Bishops Conference and the Congregational Leaders Conference of Aotearoa - New Zealand.
Requests and enquiries concerning reproduction and rights should be addressed to:
Executive Officer
New Zealand Catholic Bishops Conference
PO Box 1937
Wellington
New Zealand
Copyright 2008 Catholic Communications for the NZ Catholic Bishops' Conference
