Australia state hesitates on compelling priests to break Confession seal

Australia state hesitates on compelling priests to break Confession seal

The Australian state of Victoria has said a recommendation by the royal commission that it pass a law requiring priests to break the confessional seal to report cases of child sex abuse requires further consideration.

Victoria attorney general Martin Pakula said on July 11 that the government needs to further consider 24 of the 317 recommendations made to the state by the Royal Commission into Institutional Responses to Child Sexual Abuse.

Mr Pakula said the state government accepted 128 recommendations, and another 165 in principle.

The Australian Capital Territory, South Australia, and Tasmania have already adopted laws making it illegal for priests to fail to report the confession of a child sex abuse crime.

In South Australia, priests who fail to report child sex abuse which they learned of while hearing a confession will face a AU$10,000 fine (€6,345) beginning on October 1.

Like Victoria, New South Wales is subjecting that recommendation to further consideration, though it accepted 336 of the royal commission’s recommendations.

The New South Wales government said last month that “whether or how the offence will apply to members of the clergy where the information about an offence was gathered through religious confessions is a complex issue that has been referred to the Council of Attorney’s-General for national consideration”.

The Church in Australia has vehemently opposed the imposition of laws mandating reporting from the confessional. Many priests have said they would go to jail before violating the seal.

The Code of Canon Law states that “The sacramental seal is inviolable; therefore it is absolutely forbidden for a confessor to betray in any way a penitent in words or in any manner and for any reason.” A priest who intentionally violates the seal incurs an automatic excommunication.