Page 1753 - Week 05 - Thursday, 10 May 2018
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scrutiny on organisations that are investigating the conduct of employees in relation to allegations of abuse, neglect or sexual misconduct.
The ACT scheme is closely modelled on the New South Wales scheme, which has been operating since 1999. A similar scheme is now operational in Victoria administered by that jurisdiction’s commissioner for children and young people. Religious organisations and institutions have been in the scope of the Victorian scheme since 1 January 2018. Last year the government committed to expanding and strengthening the reportable conduct scheme to ensure our children are safe wherever they are being cared for in the community, including in religious institutions, and today we are delivering on that commitment.
As was revealed by the inquiry of the Royal Commission into Institutional Responses into Child Sexual Abuse, over a third of all abuse victims involved with the commission were abused in a religious institution. Quite rightly, the community is shocked and betrayed by the actions and omissions of organisations that had come to occupy a position of trust and authority in our society. It was no surprise then that the royal commission in its final report recommended that all states and territories establish a reportable conduct scheme that includes religious organisations in its scope.
While religious institutions were already subject to the reportable conduct scheme when they were providing school, child care, health care and out of home care services, the legislation we introduce today will expand the scope of the scheme to also cover activities, facilities, programs or services provided by religious institutions from 1 July 2018. The government has consulted with a wide range of religious organisations on their inclusion in the scheme to ensure they have the information and resources necessary to comply. I advise the Assembly that all the organisations we spoke to are supportive of their inclusion in the scheme.
The government has been particularly attuned to the tension between this legislation and the requirements of some religious organisations to keep religious communications confidential. The nine-month exclusion for information disclosed during a confession acknowledges the complexity of such an inclusion. This period will allow time for discussions with other jurisdictions in a national context and will allow time for religious organisations to respond to the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse. The government was not prepared to delay the application of the scheme to religious organisations to resolve this one issue. Children must be safe wherever they are cared for, and all entities that work with children, small or large, can no longer turn a blind eye to the abuse that is happening within their organisations.
This bill amends the definition of a “designated entity” to include institutions providing spiritual care and pastoral activities and also amends the definition of “employee” to clarify the application of the scheme to people in religious ministry and volunteers who have access to children. It also amends the definition of the “head of a designated entity” to facilitate their identification and nomination of a responsible individual as head of that entity. I commend this bill to the Assembly.
Debate (on motion by Mr Hanson) adjourned to the next sitting.
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