The Royal Commission into Institutional Responses to Child Sexual Abuse has recommended that the Catholic 'seal of confession' should not exempt priests from a proposed offence of 'failure to report'. That offence would apply to any failure to report to police in circumstances where a person knew, suspected, or should have suspected that a person associated with their institution had sexually abused a child.
The proposed law is focused on likely continued offending and is intended to get paedophiles off the streets. The Royal Commission wanted to ensure that, wherever possible, known paedophiles are not at large and free to sexually abuse children.
The response of some Catholic commentators has threatened defiance of any such civil law by confessors, despite the Church's stated commitment to the more effective protection of children. At a time when the issue of religious freedom is receiving publicity, this issue goes to the heart of current state/church relations.
Though few Catholics today use sacramental confession, the seal is a key feature, providing a guaranteed assurance of confidentiality. Strict canon lawyers will argue that canon law forbids a confessor from disclosing confessed material regardless of the content, circumstances and consequences. Canon law can of course be changed.
The question raised is whether a religious confessor (Catholic or other religion) who obtains knowledge of the sexual abuse of a child, or of a child abuser, in a sacramental confession, should be bound by the proposed civil law. The Commission, having thoroughly examined the evidence before it, decided that no religious confessor should be exempted from the mandatory requirement to report.
Any person who sexually abuses a child is a continuing danger to children. The requirement to report is based on substantial evidence of the past failures of institutional personnel to report. The consequence was predators remaining at large and more abuse.
In April 2010 the Vatican's Congregation for the Doctrine of the Faith gave permission to bishops to report child sexual abuse by clergy to the civil authorities, but only where there were civil criminal mandatory reporting laws. Up to 2017 such laws existed only in NSW and Victoria. The Royal Commission has recommended that such laws be introduced throughout Australia.
"Governments legislate for the common good, for all citizens. They must not be thwarted by customs or laws of particular religions which could threaten the common good."
All Australian governments are now supportive of mandatory reporting but are cautious about exempting information gained in