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	Child Welfare Advocates Criticise Church Code of Conduct ABC/PM November 15, 2011 http://www.abc.net.au/pm/content/2011/s3367271.htm MARK COLVIN: Child protection advocates have attacked the new child welfare code of conduct released by the Catholic Church's Melbourne Archdiocese. The code has been released without any fanfare ahead of the results of an independent inquiry that's looking into the church's handling of sexual abuse cases. The church says it's proud of the new code but critics say it's inadequate, lacks transparency and discourages taking cases to the police. Liz Hobday reports. LIZ HOBDAY: The handling of child abuse cases has been a continuing and very public problem for the Melbourne Archdiocese of the Catholic Church. It's now produced a 20 page document, The Code of Conduct for Caring for Children, that applies to everyone who works with children, including priests. Pam Krstic is from the advocacy group In Good Faith and Associates. She says it's an attempt to head off the findings of the independent inquiry. PAM KRSTIC: In 15 years of the Melbourne response there's been no child protection policy and now suddenly, because finally Justice Cummins is going to look into this, this has suddenly appeared. But it's a tragedy because it's still built around the existing structures which are not adequate. LIZ HOBDAY: But the executive manager of the Office of Professional Conduct, Ethics and Investigation at the archdiocese, Maria Kirkwood, says the timing of the code's release has nothing to do with the Cummins inquiry. MARIA KIRKWOOD: Look I would seriously doubt that and I'd have to say no the code has been in development for quite some time and I think the timing of the release of this is just it was ready to be released and it has been released. LIZ HOBDAY: Dr Joe Tucci is from the Australian Childhood Foundation. He says the code lacks transparency. JOE TUCCI: It still leaves a lot in a black box as to what will happen when someone who has a concern about an adult who is working with, or volunteering with a child who ends up hurting them, sexually abusing them, exploiting them in some sort of way, it's still unclear as to what will the church's response be to that information being provided to them. And I think it could be a lot clearer and a lot easier to follow. LIZ HOBDAY: The code includes a flow chart that directs people to refer any claims of abuse to the independent commissioner, to parish priests, the vicar general, or the church's human resources office. A note on the side of the chart says: EXCERPT FROM THE CODE: Nothing in this document affects the right of any person to report a matter to police or other authorities. LIZ HOBDAY: Pam Krstic says it sidelines police reporting of abuse. PAM KRSTIC: I am absolutely staggered. You know, if you look at the flow chart, the police and statutory authorities are just a little aside down the bottom saying that, you know, what happens in this flow chart doesn't prevent anyone going to the police. It's staggering to me that still they're saying, they do put it there, legally obviously they have to say that there is such a thing as mandatory reporting and that sexual offences should be reported to the police but that's not what the document here is saying. LIZ HOBDAY: And Joe Tucci agrees. JOE TUCCI: And I think that's a flaw. I don't think that it's transparent enough and I don't think that it can actually give the confidence to those people who are looking at the church, trying to understand its response to child abuse and whether it's improved or not. LIZ HOBDAY: Professor Cathy Humphreys is from the University of Melbourne. CATHY HUMPHREYS: It just seems to me that they're setting up a process which is outside the processes used for everybody else. Why is the Catholic Church setting up a process that's outside the process that's used for everyone else? And it seems to me that that's problematic. LIZ HOBDAY: But Maria Kirkwood has defended the protocol. MARIA KIRKWOOD: There needs to be the steps in the first instance for people to go through the processes and the protocols that are set up for them to cover. Now it doesn't preclude, obviously as the code says, it doesn't preclude them going to another agency. But the code covers a whole range of issues and not every breach of the code would be a matter that would need to be referred to the police. LIZ HOBDAY: So who actually makes the decision whether or not to go to the police? MARIA KIRKWOOD: Part of the code does actually indicate seeking advice through, well actually through the Office for Professional Conduct, and so any person who has concerns about behaviour, anything that they have witnessed, the code gives a range of areas where they can seek advice and some of that is actually through me. LIZ HOBDAY: The code includes sections on providing a safe and positive environment for children, and appropriate behaviour by adults and children. But it also includes a 10 point code of conduct for children, that includes directions not to form inappropriate relationships. Pam Krstic. PAM KRSTIC: The subliminal message to children there is that you are at fault which is the problem that we've always had; that children believe that they are guilty if something happens to them. LIZ HOBDAY: But Maria Kirkwood from the archdiocese says these criticisms are unfair. MARIA KIRKWOOD: I wouldn't agree with that. The children's code of conduct is basically just ensuring that children also know that appropriate behaviour is something that we all need to share and be involved in. And in schools we would have, in most classrooms, there would be a code of conduct for children. So I just think that really isn't a fair comment to make about that. LIZ HOBDAY: The inquiry into vulnerable children headed by Justice Philip Cummins is due to report to Parliament by the end of January. The Victorian Government is waiting on his findings before deciding whether to launch a parliamentary inquiry into the church's handling of abuse cases. MARK COLVIN: Liz Hobday.
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