Dialogue: Church protocol ensures vulnerable are protected

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, writes RICHARD RANDERSON*.

The controversy surrounding Australia's Governor-General raises important issues not only for clergy but for all who deal professionally with people in times of personal need.

As an Anglican bishop in Australia from 1994 to 1999, and since my return to this country, I have had to deal with several such cases, two of them serious.

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 New Zealand lacked clear protocols for dealing with sexual abuse. Bishops took the steps that seemed appropriate for each case. Doubtless there were cases that never came to church leaders' attention and cases handled ineptly or not at all.

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.

* Richard Randerson is vicar-general of the Anglican Diocese of Auckland and dean of Holy Trinity Cathedral, Parnell.