Catholic Church's Melbourne Response Criticised by Royal Commission

By Lucy Battersby
The Age
September 15, 2015

http://www.theage.com.au/federal-politics/political-news/catholic-churchs-melbourne-response-criticised-by-royal-commission-20150914-gjm1l2.html

The Catholic Archdiocese of Melbourne's process of assisting people sexually abused by its priests or members discouraged victims from contacting police, according to a study by the federal government's Royal Commission into Institutional Responses to Child Sexual Abuse.

The commission noted several problems with the Melbourne Response – a program set up by Cardinal George Pell in late 1996 when he was Archbishop of Melbourne – in a report released on Monday.

The case study identified 12 systemic issues, including the role of the Catholic Church in determining its own redress, and the "relationship between those delivering or coordinating counselling and pyschological care and those making decisions about the abuse and compensation".

In particular, the commission expressed concern that the church's own law firm was instructing both the independent commissioner and the archdiocese about the same cases, noting "Corrs' position as lawyers responsible for the Melbourne Response, as well as solicitors for the Archdiocese, raises a clear potential for conflict. It also raises difficulties with confidentiality."

The commission was also concerned that the independent commissioner who has run the Melbourne Response since 1996, Mr O'Callaghan, QC, gave victims advice about whether or not it was worth telling police about the abuse with a view to laying criminal charges.

For example, the inquiry heard from Paul Hersbach that Mr O'Callaghan wrote a letter telling him there did "not appear to be much point in your taking the matter to the police" when Mr Hersbach went through Melbourne Response in 1997. Both Mr Hersbach and his father were abused by the same priest over 20-year period.

"Giving such advice will always be inconsistent with [the administrators'] function and potentially confusing for applicants, who rightly see them in a position of authority," the commissioner's case study notes.

It also berated Mr O'Callaghan's decision to interview victims in his own offices after survivors told the commission they found the room's size and furnishings intimidating.

"Mr O'Callaghan looked very comfortable but I was not," Mr Hersbach told the inquiry when hearings were held in Melbourne last August.

The report notes that "for many people the general environment of chambers may be threatening, if not overwhelming, and a barrister's room is unlikely to provide a sense of confidence and security for a survivor".

The Melbourne Response was designed for an independent commissioner to make inquiries "into allegations of sexual abuse, determine their credibility and make recommendations about action to be taken against those accused of abuse". It was also to cover the cost of counselling and support, and recommend ex gratia payments to victims.

In August the inquiry heard the church had paid $17.2 million in ex gratia payments over the past 18 years, including medical and counselling expenses. Victims received an average payout of $36,100.

However, the method by which payments were determined were opaque and should be known to all and consistently followed, the case study notes. A report on redress was also released on Monday.