Page 783 - Week 03 - Tuesday, 19 March 2019
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Perhaps more so than with other serious criminal offences, those who commit child sexual abuse offences may have multiple victims and may offend against particular victims over lengthy periods of time. A failure to report abuse or to protect the child may leave the particular child exposed to repeated abuse over time and may expose other children to abuse. The impact of child sexual abuse on individual victims may be lifelong, and the impact on their families and the broader community may continue into subsequent generations.
The reasoning of the commissioners also recognises that, unlike other categories of crime, child sexual abuse is often not reported and stopped at the time of the offence because of barriers faced by the victim, such as difficulty in disclosing or accessing authorities to report the abuse.
As previously mentioned, this bill also seeks to add ministers of religion to the list of mandated reporters contained in the Children and Young People Act 2008 section 356(2). This amendment will require ministers of religion, religious leaders and members of the clergy to report physical and sexual abuse to child and youth protection services. These amendments recognise that ministers of religion are likely to be the recipients of information relating to both sexual and physical abuse of children and have a duty to report such information to authorities.
Significantly, the new failure to report offence and the new obligations under the mandatory reporting scheme will apply to information disclosed under the confessional seal. Fundamentally this recognises the primary importance of protecting children’s safety. In their report the commissioners stated that there should be no excuse, no protection nor privilege for priests who fail to alert police because information was received in confession.
In implementing the royal commission recommendation, the ACT government rightly places the protection of children against sexual abuse above any claims to special privilege of any group in society, including religious groups. We rightly place the law of the land above the canonical laws of religious groups. And in doing so we balance the religious freedom of individuals with children and young people’s most basic rights, including the right to protection from torture and cruel, inhumane or degrading treatment, the right to protection of family and children and the rights to liberty and security of person. As the commissioners noted in their discussion of this issue:
This is recognised in article 18 of the International Covenant on Civil and Political Rights on the freedom of religion, which provides that the freedom to manifest one’s religion or beliefs may be the subject of such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. The right to practise one’s religious beliefs must accommodate civil society’s obligation to provide for the safety of all and, in particular, children’s safety from sexual abuse. Institutions directed to caring for and providing services for children, including religious institutions, must provide an environment where children are safe from sexual abuse.
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