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	Anglicare Charity Cash Can Be Used to Compensate Sex Victims - Legal Advice By Sarah Martin Adelaide Now June 2, 2010 http://www.adelaidenow.com.au/news/south-australia/anglicare-charity-cash-can-be-used-to-compensate-sex-victims/story-e6frea83-1225874193290 THE Anglican Church received advice that it could legally transfer money from its charity organisation, Anglicare, to help pay compensation to sexual abuse victims, it has emerged. The revelation potentially paves the way for Anglicare funds and assets to be made available in the event of future claims against the Anglican Church. The Advertiser has seen a letter from Justice David Bleby to Anglican Archbishop Jeffrey Driver in 2006 that advises how the church may legitimately access Anglicare funds to assist in payments to sexual abuse victims. Financial documents show that in June 2009, the organisation had total assets of $128.9 million, which included property assets of almost $100 million and financial assets of $6.2 million. At the time the charity was incorporated in 2000, which legally separated it from the Anglican Church, $30 million in property assets were transferred to give the charity a financial base. As reported in Saturday's Advertiser, under Anglicare's constitution, the funds could not be handed over directly by Anglicare to the church to assist with the compensation payouts to sexual abuse victims. Alternative ways in which to access Anglicare charity funds were then considered by the church. Justice Bleby, in his capacity as Chancellor of the Adelaide Diocese, says: "Anglicare, as a substantial and integral part of the church . . . should, in my view, share that burden along with every other church institution and member according to their . . . abilities". He proposes that the Archbishop direct the Council of Anglicare to invoke the Church of England Property Trust 1971 to transfer sums of money as required. Justice Bleby warns no asset that was a tax-deductible gift to the charity should be included. It is understood that the option identified by Justice Bleby was not ultimately pursued by the church. Financial documents show that in 2008, a payment of $1.9 million was made to the Anglican diocese of Adelaide, reimbursing a payment made in error to Anglicare in 2000. A further $330,000 was also paid in back-dated rent which is believed to be for the rental of the Elizabeth mission which was transferred to the Parish of Elizabeth in early 2007. Anglicare also pays the diocese $30,000 a year to assist in health and welfare chaplaincy payments. Documents suggest the payments were identified by the Archbishop as potential elements of the "solution" to help the church in its financial difficulties. In a letter to council executives, Archbishop Driver says: "Support of chaplaincy co-ordination and ministry formation offers a cleaner, constitutionally possible way ahead". He also flags the possible transfer of Elizabeth Mission and the repayment of funds from incorporation as ways to support the Diocese. But the church has maintained that, while several possibilities for financial aid were considered, no moneys were received from Anglicare for the purpose of compensation payouts and the amounts in question were properly payable in their own right. On Sunday, Archbishop Driver released a letter to all parishes in response to The Advertiser's revelations that the Archbishop continually sought financial assistance from the charity at the time of claims against synod. "No funds were improperly transferred to the Diocese. Anglicare Board did not act contrary to its own constitution. All funds for Anglicare were properly acquitted, reported and audited, Archbishop Driver states. "I continue to maintain that it was morally and pastorally right for Anglicare to explore ways, within its legal and constitutional framework, to support the diocesan response to the survivors of abuse," he said.
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