Child Protection

Our Policy

As the Presbyterian Church of Australia:

• We commit ourselves to respect other people’s minds, emotions and bodies. We are willing to establish public criteria according to which the community may judge the resolve of the church to address issues of abuse within the church

• We acknowledge and accept the extraordinary amount of trust granted to us by those who are taking part in church activities, their families, and the wider community. We therefore commit ourselves to ensuring that all our actions are morally upright.

• We acknowledge that, as a church, our responses to victims in the past have varied greatly. We express regret and sorrow for the hurt caused whenever the response appeared to deny or minimise the pain that victims have experienced.

• We are committed to establishing a process that strives for truth and confidentiality. We will ensure that a compassionate response is the first priority in all allegations, even at a time when it is not yet certain that the allegations are accurate, through offering assistance, protection and care without passing judgement or prejudicing the rights of the alleged offender. We acknowledge that concealing the truth is contrary to the character of God, unjust to victims and a disservice to offenders.

• We understand and value the need for support to all parties involved in the allegation, investigation, determination, outcome and follow-up stages, including the aggrieved person and the alleged offender, and we actively seek to provide this support.

• We are willing to know the full extent of the problem of abuse and the causes of such behaviour within the church. We will ensure that we are aware of our legal responsibilities and obligations in relation to prevention, reporting and processing requirements and seek to meet them at all times.

• We acknowledge that we have had to make changes in the way that we relate to children and young people and, as a result, some good things have been lost, however we will bear this loss to ensure that the vulnerable are safe.

• We will ensure that all people in positions of authority within the church and/or working with children and young people are aware of the appropriate standard of conduct and boundaries. We require those who work on behalf of the church to indicate their agreement with this policy and work towards providing an environment that prevents abuse.

• We believe that churches ought to be places of safety and refuge for children, young people and others, that they be, and feel, safe from any threat when on church property or involved in activities operated by the church, or accessing services provided by the church . We believe that the church should be a place where people can disclose abuse and have it dealt with effectively.

• We will establish a prevention strategy that includes screening, best practice recruitment and selection processes, clear boundaries, risk identification and management, education, support, supervision and training.

• We acknowledge that the age of consent for sexual activity is determined by legislation. However, we are mindful that this must be read in the light of our duty of care, and therefore all people in a position of authority within the church , be it real or perceived, paid or unpaid, have a duty of care towards those over whom they have authority. In this situation it is never appropriate to take part in sexual activity of any kind, regardless of the person’s age. We affirm that sexual behaviour belongs in a marriage relationship and that in this context it is a good gift of God.

• Our policies and processes are contained within Breaking the Silence. All allegations will be notified to the appropriate external authorities, overseen by the CPU, investigated thoroughly and determined as described in Breaking the Silence Edition 3.

• Irrespective of any other action that may be taken, the church reserves the right to exercise its powers of discipline over adherents, members and office-bearers according to its Code of Discipline, the Voluntary Code of Conduct and Breaking the Silence wherever this action is deemed necessary.

• Breaking the Silence applies to all persons holding a position of authority within the church and all those who are involved in child-related activities. This includes those who are paid and unpaid, permanent or temporary, and all ministers, elders, deaconesses, licentiates and home missionaries.

It is essential at all times for those in a position of authority within the church to maintain a level of professional behaviour which separates them from those to whom they are caring and cannot be misconstrued by them or others. The following are boundaries set by the church and, while they are not intended to be definitive and must be read in conjunction with the provisions of Breaking the Silence, they must be adhered to by those in a position of authority within the church and may be used for guidance when setting their personal boundaries.

The following constitutes our Code of Conduct for behaviour for a person in a position of authority within the church

1. You will not be involved in any sexual behaviour with a person below the age of consent or a person under your authority, pastoral care or counselling.

2. You will not exhibit behaviour that could be considered to be coercion or grooming behaviour.

3. You will not make any sexual innuendos such as suggestive looks, sounds, words, acts or gestures.

4. You will not make any sexual comments, jokes or show any sexual visual material.

5. You will not ask any questions about the intimate details of a person’s sexual life. Very occasionally, it may be necessary within the context of pastoral care to ask questions about a person’s sexual life or history. This should be done extremely carefully and with another person present (such as the person’s husband or wife or a trusted friend). You must never give detailed revelations about your own sexual life.

6. You will not give any inappropriate gifts or correspondence (including email and text messaging), including those of a sexual, suggestive or romantic nature.

7. You will not touch, hug, or kiss any person in a way that is inappropriate to the situation, or uncomfortable or confusing for the receiver.

8. You will not touch any sexual part of the body, including the “only kidding” or accidental occasions of sexual touch.

9. You will not violate a person’s right to physical privacy and personal space, including being alone in the bedroom or bathroom or inappropriate exposure during activities that require dressing or changing clothes.

10. You will not visit a child or young person in their own home unless a parent is present or you visit with another person in a position of authority within the church with parental permission.

11. You will not conduct a camp or other activity involving overnight accommodation without appropriate “camp parents” (ideally a married couple over the age of 25 years, of known maturity and Christian commitment) approved by the supervising body.

12. You will not provide any form of accommodation for any reason where there is not strict segregation by sex, with the exception of married couples and families. Supervision of children and/or young people must be provided by a person of the same sex.

13. You will not participate in or allow nude swimming or other such activities.

14. You will not participate in or allow initiations and secret ceremonies.

15. You will ensure that any activity involving children and/or young people are open to observation by parents and other adults with a legitimate interest.

16. You will not take advantage of the perception of physical contact, affection and learned sexual actions that some victims of abuse display.

17. You will not take advantage of the conscious or unconscious use of sexually provocative behaviour that some victims of abuse use to meet their own needs for affection or other requirements.

18. You will ensure that when you are providing pastoral care or working with members of the opposite sex that there are other people in close proximity or within hearing distance, regardless of where the activity is taking place.

19. You will not allow a child to sleep in close proximity to an adult, other than a parent or guardian, unless there is a significant separation, and privacy of all parties is respected.

20. You will not allow an adult to share accommodation with one child or young person only unless they are a parent or guardian.

21. You will not drive a child or young person unaccompanied.

Throughout Breaking the Silence you will find words in bold. This indicates that there is a definition for that term, which is provided below. Please note that these definitions are inclusive of the singular and plural of the term used and noted in bold throughout the text.

The reference in italics are to the sections of the Breaking the Silence manual, where you can find more detailed information should you need to.

You do not need to read all of these definitions now, but they may be of assistance as you continue through this workbook.

• Abuse of authority: Where an individual, an institution or a process is such that the victim feels that they have no choice or are so persuaded by the power over them that they take actions or participate in activities that are harmful to themselves. It also includes instances where the person in a position of authority within the church acts in a sexual way towards someone under their authority. Refer to Section 5: Abuse of authority.

• APA: APA is the abuse prevention accreditation program established by the church. Refer to Section 27: APA: an abuse prevention strategy

• Aggrieved person: The person making the complaint, whether they present as a victim or complainant.

• Alleged offender: The person who is alleged to have offended.

• Breaking the Silence: Unless otherwise specified this refers to Edition 3 of Breaking the Silence.

• Carer: The adult person responsible for a child or young person.

• Child: Any person under 16 years of age and in some instances any person under the age of 18 years of age.

• Child abuse: See Reportable conduct

• Child-related employment: Employment where at least one of the essential duties of the position involves direct contact with children where the contact is not directly supervised, such as child protection services, pre-schools, kindergartens, child care centres, schools, refuges used by children, hospitals, clubs, Sunday schools, camps etc

• Civil authorities: The Police and officials of government departments responsible for child protection, for the administration of laws relating to complaints of sexual harassment, for the discipline of professions and for industrial relations.

• Code of Discipline: The Code of Discipline of the Presbyterian Church of Australia.

• Coercion: Physical or psychological actions that are intrinsic to child and/or young person sexual abuse and differentiates abuse from consensual peer sexual activity. This is also referred to as “grooming”.

• Complainant: The person who has alleged abuse. In most cases, but not all, the complainant will also be the person against whom it is alleged that the abuse was directed. Unless it is necessary to specify “complainant” the term is used throughout this document.

• Contact persons: The CPU has appointed a number of contact persons so that if an aggrieved person wishes to make a complaint to a person who is independent of the church they may do so. Contact persons and their role is defined in Section 12: Making a Complaint.

• Conviction: A charge proven in court and recorded as such, including a finding that the charge for an offence is proven even though the court does not record a conviction.

• CPU: Child Protection Unit of the Presbyterian Church of Australia in States and Territories where Breaking the Silence has been formally adopted by the appropriate State General Assembly.

• CPU Advisors: A panel of advisors of up to ten individuals appointed by the Director, CPU and the Clerk of Assembly from time to time to act in an advisory capacity to the Director, CPU and as defined in Section 2: Child Protection Unit.

• Direct supervision: Where the supervisor is present at all times and is observing the contact by the person under supervision with any child and is responsible for directing that person if required.

• DoCS: DoCS: The relevant State government department with responsibility for caring for children, including the NSW Department of Community Services, the ACT Department of Education, Youth and Family Services, the Queensland Department of Child Safety, the Tasmanian Department of Health and Human Services including Child and Family Services and the Child Protection Advice and Referral Service, the Victorian Department of Human Services including the Child Protection Service, the South Australian Department of Family and Communities, the Western Australian Department for Community Development, and the Northern Territory Department of Community Services including Family and Children’s Services.

• Facilitator: Those appointed by the CPU to facilitate processes by which agreements may be reached between a victim and the church about what the church can and should do to assist the victim.

• False: A false allegation is one where it is determined that the alleged conduct did not occur.

• Family Services: The relevant State government department with responsibility for caring for children, including the NSW Department of Community Services, the ACT Department of Education, Youth and Family Services, the Queensland Department of Child Safety, the Tasmanian Department of Health and Human Services including Child and Family Services and the Child Protection Advice and Referral Service, the Victorian Department of Human Services including the Child Protection Service, the South Australian Department of Family and Communities, the Western Australian Department for Community Development, and the Northern Territory Department of Community Services including Family and Children’s Services.

• Grooming behaviour: For the purposes of relevant employment proceedings, grooming behaviour constitutes a form of sexual misconduct. This is also referred to as coercion.

• Malicious: An allegation that is intended to cause distress to the person against whom the allegation was made.

• Misconceived: If the investigation has concluded that, whilst the allegation was made in good faith, a misunderstanding on behalf of the person making the allegation occurred, a finding of misconceived may be reached.

• Offender: The person who perpetrated proven abuse.

• Pastoral care or pastoral support: The provision of care, counsel and education to persons who seek the support of the church, including:

- guiding to make decisions concerning spiritual matters by means of Biblical teaching,

- prayer,

- provision of practical support, such as medical care or counselling,

- reconciling someone to God and/or other people,

- spiritual guidance, and

- sustaining through a period of hardship and/or crisis.

• Prohibited person: Under New South Wales law, a prohibited person is someone who has been convicted of a serious sex offence in NSW or anywhere else, or a registrable offence under the Child Protection (Offenders Registration) Act 2000. Where a declaration in relation to prohibited persons is required under New South Wales law, a similar declaration is required in other States and Territories under Breaking the Silence.

• Reportable conduct: is a defined term that appears in the Ombudsman Act 1974 (NSW) and also in the Commission for Children and Young People Act 1998 (NSW). Reportable conduct is any sexual offence, or sexual misconduct, committed against with or in the presence of a child or young person, including a child pornography offence, any assault, ill treatment or neglect of a child or young person, or any behaviour that causes psychological harm to a child or young person, whether or not these actions take place with the consent of the child or young person. For the purposes of Breaking the Silence, reportable conduct also includes those actions defined as child abuse under various State and Territory legislation, such as the Children & Young People Act 1999 for the Australian Capital Territory. See Section 3: Reportable conduct.

• Reviewers: Independent and impartial parties without close association with the aggrieved person or the body with supervision over the alleged offender, appointed by the CPU to review the process to ensure procedural fairness. See Section 25: Further Action.

• Sexual misconduct: A range of behaviours or a pattern of behaviour aimed at the involvement of others in sexual acts, including inappropriate conversations of a sexual nature, comments that express a desire to act in a sexual manner, unwarranted and inappropriate touching, sexual exhibitionism, personal correspondence (including electronic communication) in respect of sexual feelings, deliberate exposure to sexual behaviour of others including display of pornography, and the possession of child pornography.

• Sexual abuse of a child or young person: As defined under reportable conduct and described in Section 4: Child and young person sexual abuse.

• Sexualised behaviour: Behaviour including sexual relations, harassment, molestation, and any other conduct of a sexual nature which is inconsistent with the integrity of a person in a position of authority within the church. It includes behaviour that may reasonably be perceived to be of a sexual nature according to the standards of the time by the person to whom it is directed.

• Supervising body or bodies: The body with direct supervision and jurisdiction over a person or person(s). For example, the supervising body for an ordained minister would be the presbytery. The supervising body for a school Principal would be the Board or Council.

• The church: The Presbyterian Church of Australia, including all congregations, organisations, committees, associations, groups, schools, hospitals and other institutions, in States and Territories where Breaking the Silence has been formally adopted by the appropriate State General Assembly.

• Those in a position of authority within the church: all ministers, home missionaries, deaconesses, licentiates, church workers, elders, paid employees (including teachers, residential workers, medical workers, carers, children’s services workers, youth workers, drivers etc) and volunteers.

• Vexatious: An allegation made without substance and with the intent of being malicious.

• Victim: The person against whom proven abuse was directed. We acknowledge that many people who have been abused refer to themselves as survivors, however we have used the more technical of the two terms for the purposes of Breaking the Silence.

• Voluntary Code of Conduct: The Voluntary Code of Conduct was established by the General Assembly of New South Wales in 1997 and is contained in Section 5: Abuse of Authority of this document.

• Young person or young people: Any person(s) above 16 years of age but under 18 years of age.