Folia Theologica et Canonica 10. 32/24 (2021)
Ius canonicum
82 GORAN JOVICIC The Australian states of Victoria52 in 2019, Queensland53 in 2020, Tasmania, South Australia, the Australian Capital Territory and Western Australia54 have also adopted laws forcing priests to report known or suspected sexual abuse of children, even if doing so requires a violation of the seal of confession, while New South Wales and Western Australia (until October 14, 2021) have upheld it.55 The new law adds religious leaders to the existing list of mandatory reporters and carries a sentence of up to three years in prison if a mandatory reporter does not report abuse to the authorities even in a sacramental context of the confession.56 The Holy See, already as a reaction to the Royal Commission recommendations, stressed the importance of adoption of wide range of measures, by both by the Holy See and by Dioceses, Episcopal Conferences and Religious Institutes, to ensure a proper response to such cases, including at the canonical level, as well as encouraging cooperation with civil authorities, both domestic and international.57 The Holy See underlined at the same time, that there are however some other measures, which “are still under consideration because they are part of a broader revision of Church laws that will be applicable worldwide”. And with regard to the seal of Confession, “the Holy See affirms the inviolability of the sacrament, but observes that a priest hearing a confession ‘may, and indeed in certain cases should, encourage a victim to seek help outside the confessional’. The priest can also encourage that person to report the abuse to the authorities”.58 52 See New Australian Law Requires Priests to Break Confessional Seal, in https://www.catholicnewsagency.com/news/42242/new-australian-law-requires-priests-to-break-confessional-seal (consulted: 11.16.2021). 53 See Queensland Passes Law Requiring Priests to Break Confessional Seal, in https://www . catholicnewsagency.com/news/45756/queensland-passes-law-requiring-priests-to-break-confessional-seal (consulted: 11.16.2021). 54 On October 14, 2021, the Western Australia Parliament voted to adopt an amendment to the Child Welfare Act, namely the Children and Community Services Amendment Bill 2021 requiring all ministers of the Catholic religion to report any child abuse heard as part of the sacrament of penance. See the Government Website Media-Statements here: https://www.mediastatements . wa.gov.au and cf. Australia - General Offensive Against Secrecy of Confession, in https://fsspx . news/en/news-events/news/australia-general-offensive-against-secrecy-confession-69606 (consulted: 11.16.2021). 55 See Queensland Passes Law Requiring Priests to Break Confessional Seal, in https://www.catholicnewsagency.com/news/45756/queensland-passes-law-requiring-priests-to-break-confessional-seal (consulted: 11.16.2021). 56 Ibid. 57 See Australia: Holy See responds to Royal Commission Recommendations, in https://www.vaticannews.va/en/vatican-city/news/2020-09/australia-holy-see-commission-response.html (consulted: 11.16.2021). 58 See Australia: Holy See responds to Royal Commission Recommendations, in https://www.vaticannews.va/en/vatican-city/news/2020-09/australia-holy-see-commission-response.html (consulted: 11.16.2021).
