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Ministerial Duty and Professional Discipline in the Anglican Church of Australia

Published online by Cambridge University Press:  05 January 2010

Garth Blake SC
Garth Blake SC
Affiliation:
Chairperson, Professional Standards Commission, Anglican Church of Australia1
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Abstract

This article considers the question whether ministry in the Anglican Church of Australia is a profession as well as a vocation. After considering the context of child sexual abuse in the Church, and the contemporary practice of ministry, it examines whether it exhibits the four commonly recognised sociological marks of a profession: (1) specialised knowledge and skills; (2) service of fundamental human needs; (3) commitment to the other's best interest; and (4) structures for accountability.

Information

Type
Articles
Information
Ecclesiastical Law Journal , Volume 12 , Issue 1 , January 2010 , pp. 53 - 70
Copyright
Copyright © Ecclesiastical Law Society 2010

INTRODUCTION

Is ministry in the Anglican Church of AustraliaFootnote 2 a profession as well as a vocation? Notwithstanding that the term ‘profession’ derives historically from the professing, or taking, of religious vows,Footnote 3 many object to the idea of ministry as a profession. As a religious vocation it is seen as a unique kind of Christian leadership incomparable to other professions. To professionalise ministry is to reduce it to tasks and to ignore its spiritual dimension.Footnote 4 Others say that they are voluntary workers, not professionals.Footnote 5

Understanding ministry as a vocation recognises one's free response to God's call in and through the Church to commit oneself in love to serve others. A person's attraction to ministry and ability to serve must be recognised and confirmed by the Church. This happens formally for clergy through ordination, and less formally for other ministries, whether employed or voluntary, through commissioning or simply being given approval to minister in the Church.Footnote 6

In contrast, a professional commitment is marked by four commonly recognised sociological marks: (1) specialised knowledge and skills; (2) service of fundamental human needs; (3) commitment to the other's best interest; and (4) structures for accountability.Footnote 7

The answer to this question requires an examination of whether the contemporary practice of ministry in the Church meets these four marks of a profession. In the last decade a number of innovations have been made to ministerial duty and professional discipline in the Church. The major impetus for these changes has been the public disclosure of child sexual abuse within the Church. To appreciate the contemporary practice of ministry it is necessary to understand this context.

CONTEXT – CHILD SEXUAL ABUSE WITHIN THE CHURCH

Since the early 1990s there have been ongoing revelations of child sexual abuse within the Church. There have been criminal convictions, civil litigation, inquiries, Church discipline and resignations, as well as widespread media coverage.Footnote 8

Criminal convictions

Anglican clergy and church workers have been convicted of sexual offences against children.Footnote 9

Civil litigation

There have been several claims for damages made against the Church. Dioceses and Church organisations have been uninsured or only partly insured for many of these claims. Some of these claims have been settled for undisclosed amounts. The most significant claim has been Scriven v Corporation of the Synod of the Diocese of Brisbane in which the Supreme Court of Queensland on 6 December 2001 awarded damages of $815,000 including $400,000 exemplary damages for the negligence of the defendant in connection with the sexual assault of the plaintiff by a teacher at Toowoomba Preparatory School.

Inquiries

The have been four inquiries held into the Church's handling of complaints of sexual abuse: the Royal Commission into the New South Wales Police Service in 1997,Footnote 10 as well as inquiries in the Dioceses of Tasmania in 1998,Footnote 11 Brisbane in 2003Footnote 12 and Adelaide in 2004.Footnote 13

Of these inquiries the Royal Commission into the New South Wales Police Service had the broadest scope. Justice Wood concluded that the Churches have owed and continue to owe a duty of care to ensure that all appropriate steps are taken to reduce the risk of harm to children within their communities, using their schools, living in their homes, and otherwise falling within their sphere of responsibility. He stated that ‘No Church can today responsibly exist’ without a protocol that suitably addresses at least five specific issues, including the removal of those members for whom an unreasonable risk of harm to children is assessed to exist from any positions placing them into contact with children and young people.Footnote 14 Within a broad compass, it was important that the Churches looked towards the development of work practices, which reduce the opportunity for offending, or provide greater security for children.Footnote 15

There have also been the three inquiries into institutions caring for children including those run by the Church: the Forde Inquiry in Queensland in 1999,Footnote 16 the inquiry of the Community Affairs Committee of the Senate of the Australian Parliament in 2004Footnote 17 and the Mullighan Inquiry in South Australia in 2008.Footnote 18

Church discipline

Anglican clergy and church workers have been disciplined within the Church for sexual misconduct involving children. Some clergy have been deposed from holy orders, while others have relinquished the exercise of their orders. The disciplinary action attracting the most notoriety has involved a bishop. In 2004 Bishop Donald Norman Shearman was deposed from holy orders for having maintained between 1954 and 1956 a sexual relationship with the complainant who was then aged 15–17 years.

Resignations

Current and former Church leaders have resigned from office arising out of their handling of child sexual abuse claims: in 2003 Dr Peter Hollingworth, the former Archbishop of Brisbane, resigned as Governor-General; in 2004 Dr Ian George resigned as the Archbishop of Adelaide.

Media coverage

Public awareness and debate in relation to child sexual abuse in the Church have been stimulated by extensive media coverage. The most intense media scrutiny arose out of the Australian Story television programme entitled The Gilded Cage,Footnote 19 which was broadcast on 18 February 2002, which considered the handling of allegations of child sexual abuse by Dr Peter Hollingworth when Archbishop of Brisbane. During this programme, when commenting on the sexual abuse claims of a teenage girl under the age of consent against Bishop Donald Shearman, Dr Hollingworth said, ‘My belief is that this was not sex abuse. There was no suggestion of rape or anything like that. Quite the contrary, my information is that it was, rather, the other way around.’ These comments provoked sustained criticism of Dr Hollingworth in the media by politicians and commentators throughout Australia.

THE CONTEMPORARY PRACTICE OF MINISTRY IN THE CHURCH

The ministry of ordained and lay persons in the Church is a privilege and responsibility. Ordinary church members look to their leaders and trust them. Within the Church, those undertaking ministerial leadership accept:

  1. i. an institutional responsibility – they perform essential roles to the Church's life;

  2. ii. a teaching responsibility – they clarify and explain Scripture, belief and behaviour;

  3. iii. a representative responsibility – they stand for the Church and speak on its behalf;

  4. iv. a responsibility to be an example – they are expected to live in such a way as to be an example to both Church and society;

  5. v. a responsibility of confidentiality – they become involved in situations of confidentiality or where people are particularly vulnerable.Footnote 20

Ministry within the Church, whether ordained or lay, is undertaken within the structure of the national Constitution Footnote 21 and the canons passed under its provisions. Further, ministry is undertaken in a diocese within the structure of the constitution of the diocese and ordinances passed under its provisions.Footnote 22

The ministerial duties of ordained and lay persons are elaborated in Scripture,Footnote 23 the formularies of the Church,Footnote 24 the laws of the Church and codes of conduct. Ministry to children is also regulated by State and Territory legislation.

Scripture

Leadership in the Church should be modelled on the servant leadership of which Jesus spoke (Mark 10:42–45) and which he exemplified in his own ministry. The nature of Christian ministry was outlined by Jesus in the Great Commission: ‘Go therefore and make disciples of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit, and teaching them to obey everything that I have commanded you’ (Matthew 28:19–20). The outworking of this commission was seen among the first believers in Jerusalem who ‘devoted themselves to the apostles’ teaching and fellowship, to the breaking of bread and the prayers’ (Acts 2:42).

In undertaking this commission the apostles emphasised the importance of conduct of believers and especially their leaders. Peter called upon the Christians scattered in Asia Minor to be holy in all their conduct (1 Peter 1:15). This call to holiness is the appropriate response to God's holiness throughout the Old and New Testaments (see Exodus 19:3–6; Leviticus 11:14, 19:2, 20:7, 26; 1 Thessalonians 4:7; 1 Peter 1:16). Paul prayed that the love of the Philippian Christians would overflow with knowledge and insight so that they would be ‘pure and blameless’ (Philippians 1:9–11). Paul stipulated that bishops (overseers) must be ‘above approach’ and deacons must be ‘blameless’ (1 Timothy 3:1–2). The disciples when selecting the first deacons in Jerusalem specified that they were to be ‘men of good standing, full of the Spirit and wisdom’ (Acts 6:3).

Formularies of the Church

The nature of ministerial duty for clergy is stipulated in the Book of Common Prayer and contemporary liturgical resources. The ministerial duties of deacons, priests and bishops are stated in the exhortation within the respective ordination services for deacons and priests and the consecration service for bishops. For example, in the service ‘The Ordination of Priests’ in A Prayer Book for Australia the candidates are exhorted:

As the Lord's messenger, proclaim the gospel of Jesus Christ.

Seek the lost, announce God's justice, warn and correct those in error. You are to encourage and build up the body of Christ, preaching the word of God, leading God's people in prayer, declaring God's forgiveness and blessing, and faithfully ministering the sacraments of God's grace with reverence and care.

Together with your bishop and other ministers, you are to take your part in the life and councils of the Church.

Be a pastor after the pattern of Christ the great Shepherd, who laid down his life for the sheep.

Be a teacher taught by the Lord in wisdom and holiness.

Lead the people of God as a servant of Christ.

Love and serve the people with whom you work, caring alike for young and old, rich and poor, weak and strong.

Never forget how great a treasure is placed in your care: the Church you must serve is Christ's spouse and body, purchased at the cost of his own life.

Remember that you will be called to give account before Jesus Christ: if it should come about that the Church, or any of its members, is hurt or hindered as a result of your negligence, you know the greatness of the fault and the judgement that will follow. Therefore apply yourself with diligence and care, and fashion your life and ministry in accordance with Christ's example.

As you depend on the Holy Spirit and the grace of God, put away all that does not make for holiness of life.

Clothe yourself with humility; be constant in prayer.

Study the Scriptures wholeheartedly, reflecting with God's people upon their meaning, so that your ministry and life may be shaped by Christ.

The Sunday services (including Morning Prayer, Evening Prayer, and Holy Communion) and pastoral services are found in the Book of Common Prayer and contemporary liturgical resources. The doctrine of the Church is set forth in the Nicene Creed, the Apostles’ CreedFootnote 25 and the Articles of Religion.

Laws of the Church

When the Anglican Church of Australia was created on 1 January 1962 the law of the Church of England including the law relating to faith, ritual, ceremonial or discipline in force in the diocese was continued unless and until it was varied or dealt with in accordance with the Constitution.Footnote 26 At that time the law of the Church of England included the pre-1603 Canon Law and the Canons of 1603, which elaborated various aspects of the ministerial duty of clergy. In 2007 the General Synod completed the repeal of all the pre-1603 Canon Law and all the Canons of 1603, and their replacement, where applicable, with more relevant legislation.Footnote 27 Most of this legislation is only applicable to clergy.

Codes of conduct

In 2004 the General Synod of the Church adopted the Safe Ministry Policy Statement, which contains a commitment ‘to the physical, emotional and spiritual wellbeing and safety of all people, particularly within its own community’ including ‘to adopt and encourage safe ministry practices by clergy and church workers’.Footnote 28

The General Synod also passed a resolution adopting Faithfulness in Service as a national code of conduct for the personal behaviour and the practice of pastoral ministry by clergy and church workers.Footnote 29 It also approved Faithfulness in Service as the code of conduct for observance by bishops.Footnote 30 The purpose of the code is to identify the personal behaviour and practices of pastoral ministry that will enable clergy and church workers to serve faithfully those among whom they minister. The code contains six substantive sections with the following headings: ‘Putting this Code into Practice’; ‘Pastoral Relationships’; ‘Children’; ‘Personal Behaviour’; ‘Sexual Conduct’; ‘Financial Integrity’. Each section consists of three parts: a preamble which introduces the section; standards which state the Church's expectations for personal behaviour and the practice of pastoral ministry; and guidelines which explain and illustrate best practice and highlight practical ways to achieve it.

Faithfulness in Service is also designed to prevent the cover-up of breaches of ministerial duty by other clergy and church workers. It is a standard that where there is knowledge or reasonable suspicion that another member of the clergy or a church worker has abused a child, this is to be reported to the appropriate civil authorities and the Director of Professional Standards (paragraph 5.15). Guidelines also deal with the situation where another member of the clergy or a church worker has failed to meet a standard or follow a guideline (paragraphs 3.9 and 3.10).

Faithfulness in Service is a voluntary code of conduct, in the sense that it is not legally binding on clergy and church workers. However, it provides proper evidence of what constitutes ethical and proper personal and professional conduct for clergy and church workers.Footnote 31

For private confession involving child sexual abuse the House of Bishops has issued pastoral guidelines.Footnote 32 The guidelines specify that where the conduct is believed to be criminal then, apart from exceptional circumstances, the priest should, before pronouncing absolution, require the penitent to report that conduct either to the police or another appropriate authority (paragraph 7(c)).

State and Territory legislation

There is no single national framework setting out the requirements for the pre-employment screening of adults who work or volunteer in child-related organisations. Most States and Territories have introduced legislation providing for child-related employment pre-screening, or are working towards such legislation. The legislation identifies broad categories of child-related work where employers, employees and volunteers must fulfil screening requirements. There are important differences across jurisdictions regarding the type of screening programs that are in place, what records are checked, and who is required to undergo screening.Footnote 33

Mandatory reporting of child abuse by many persons undertaking ministry in the Church applies in most States and Territories.Footnote 34 Where mandatory reporting does apply, the applicable legislation in each State and Territory contains a provision which specifies that by reason of the making of such a report in good faith there has been no breach of professional ethics, and that no civil liability is incurred, by the person making the report.

SPECIALISED KNOWLEDGE AND SKILLS

Professionals are commonly defined as experts who have mastered, over an extended period of formal education, a specialised area of knowledge and skills. It includes giving time for professional development.Footnote 35

In fundamental respects ministry in the Church requires specialised knowledge and skills. Recognised theological qualifications are required for ordained ministry, and are highly desirable for many kinds of lay ministry. While ministers share many of the helping skills with other professionals, they are unique in bringing a theological understanding to human experience so that recipients might understand and respond to what is happening from the perspective of faith.Footnote 36 For clergy various avenues of professional development are commonly available, but unlike many professions are not mandated. Contemporary ministry is marked by many specialisations, such as chaplaincy, youth ministry and spiritual direction. While there are courses of study designed to equip persons to undertake these specialised forms of ministry, specialised qualifications are rarely a prerequisite to appointment.

However, the nature of many forms of ministry is that only part of the role, such as preaching, teaching, leading worship and administering the sacraments, draws upon such specialised knowledge and skills. Ministry often includes other tasks such as the chief administrator, the financial manager, a counsellor, the staff supervisor, and a social worker, for which many ministers are not trained or equipped. This generalisation of expertise, together with the ambivalence toward religious knowledge in the community, has contributed to the weakening of the professional nature of ministry.Footnote 37

SERVICE OF FUNDAMENTAL HUMAN NEEDS

Professions have emerged to serve fundamental human needs. Medicine serves the need for health, law serves the need for justice, and education serves the need for knowledge. Ministry too serves a fundamental human need for spiritual fulfilment and salvation.Footnote 38

Those who enter a profession promise to meet the fundamental need for which the profession exists and to conduct themselves in ways that further the purpose of their specialised knowledge.Footnote 39 There is a similar requirement in the Church. Clergy at the time of ordination or consecration, and lay persons when first licensed by the bishop of a diocese, are required to make an oath or affirmation of canonical obedience, a declaration and assent to the doctrine and formularies of the Church, and an assent to the constitution and laws of the Church.Footnote 40 In some places those in ministry must agree to be bound by the applicable code of conduct.

COMMITMENT TO THE OTHER'S BEST INTEREST

Professionals owe a fiduciary duty to act in their client's best interest. In the context of pastoral relationships ministers are similarly to act in the best interest of others and to subordinate self-interest (Faithfulness in Service, paragraph 4.2). The ‘best interest’ of another person will often, but not always, be identical to what they ask for. Subordination of self-interest requires an understanding that the recipient of pastoral care is not there for the minister's need, but the minister is there for their needs.Footnote 41

Two important aspects of honouring this commitment are appropriate self-care and the responsible and disciplined use of power.

Appropriate self-care

Ministry requires high levels of discernment, knowledge and energy. In their ministry clergy and church workers are often under considerable stress. They deal with deeply personal aspects of people's lives and are called upon to provide spiritual advice and comfort to vulnerable people. Ministerial effectiveness depends upon many factors including intellectual stimulation, spiritual vitality, physical health, emotional well-being, supportive collegial relationships and healthy ministry practices.Footnote 42

The capacity to reflect upon and deepen self-awareness is a core quality which informs the way ministers relate to those in their care. Greater self-awareness occurs through reflection, whereby ministers make an honest evaluation of what they have done, felt and thought, with a view to gaining new perspectives about themselves and their ministry. Reflective ministry is crucial for physical, emotional, psychological and spiritual wellbeing.Footnote 43

The importance of appropriate self-care is expressed in Faithfulness in Service (paragraphs 4.18 and 4.19):

Maintain a healthy lifestyle and do not overcommit yourself. Make sure you have adequate leisure time, through taking regular time off and your full holiday entitlement annually.

Try to develop interests outside your main area of ministry and continue to care for yourself and your personal and family relationships.

It is essential that those in ministry find positive ways to deal with stress. What is not widely understood is the direct relationship between inadequate self-care, and unhealthy ministry practices and the abuse of others by clergy and church workers.Footnote 44

Responsible and disciplined use of power

All human relationships have both intimacy and power dimensions; and this applies no less to the pastoral relationship of a minister with the recipient.Footnote 45

What constitutes a pastoral relationship is not always clear. Ministers are in a much more ambiguous relationship with their people than are other professionals with their clients. Doctors, other health professionals and lawyers generally meet with their clients in well-defined settings and for a clear purpose. It is uncommon for them to socialise or work side by side with their clients in other institutional or social settings. In contrast, some ministers meet with their people in a great variety of settings, as well as socialising with their people and working alongside them on diverse projects. This raises the issue of the line between personal and pastoral relationships.Footnote 46

A significant dimension of the pastoral relationship is the inequality in power.Footnote 47 The counsellor Kate Litchfield has acknowledged the presence of power in pastoral relationships:Footnote 48

All ministers need to recognize and be sensitive to inequalities of power in ministerial relationships and to use their power in ways that are positive and enabling to others….

… Clergy need to be aware that, even if they see themselves as sharing power or working collaboratively, ordination confers a particular authority which can be extremely influential upon lay people.

It may be difficult for some who hold the authority of ordained ministry to recognize its effect on others, particularly if they experience themselves as lacking power or influence.

Litchfield suggests that Rollo May's typology of power can be helpful in assessing the exercise of power in ministerial relationships:Footnote 49

exploitative power dominates, using force and coercion, such as threats and destructive criticism;

manipulative power controls in more subtle or disguised ways, for example by exclusion from significant communication or using the other person to meet one's need to be needed;

competitive power … can be destructive where there is an imbalance of power;

nutritive power sustains and empowers, enabling the less powerful person to develop their competence and freedom to act …;

integrative power respects the freedom of the other person and encourages their potential strengths …

Effectiveness in undertaking ministry depends on the proper exercise of power. The use of exploitative, manipulative or competitive power which emphasises inequalities, is always damaging in pastoral relationships. In contrast, both nutritive and integrative forms of power, while recognising roles are different, encourage mutuality and relationship.Footnote 50

Ministers are most at risk of unethical behaviour when they minimise or ignore the magnitude of their power.Footnote 51 They must beware of the temptation to reduce or hide the power gap in the pastoral relationship as if it were a friendship. Trying to make the pastoral relationship a peer relationship only falsifies its real nature and puts ministers at greater risk of unethical behaviour.Footnote 52

Ministers need to be sufficiently self-disciplined so as to maintain clear boundaries in their pastoral relationships and not exploit the trust and dependency of the recipient so as to serve their own needs for attention, acceptance and pleasure.Footnote 53 Litchfield emphasises the scope of this responsibility for boundaries:Footnote 54

The minister, not the parishioner, is responsible for setting, communicating and maintaining boundaries in pastoral relationships. It is the minister's responsibility to take care about time, frequency and place of meeting. Even where it is appropriate to negotiate certain aspects of such boundaries, the minister carries the primary responsibility for ensuring boundaries are kept or, if necessary, redefined. Boundaries of place include where to meet to protect confidentiality on one hand and to safeguard against any risk of misunderstanding, abuse, exploitation or false accusation on the other. Careful consideration should be given to such issues as when and where to meet, where others are present in the building, arrangement of furniture and lighting, appropriate body posture, language and dress. It is the minister's responsibility to ensure that furniture and lighting in their own home create a welcoming and friendly atmosphere, without allowing undue informality to slip into, or be interpreted as, inappropriate intimacy.

Intimacy is the shared experience of warmth and affection, promoting closeness and bondedness, which can be emotional, spiritual, intellectual and social.Footnote 55 Ministry offers many opportunities to develop relationships which will have qualities of intimacy. This can be problematic for some ministers for whom the intimacy of pastoral relationships leaves them with sexual feelings which seem inappropriate.Footnote 56 Sexualisation of a pastoral relationship is never appropriate and constitutes an abuse of power.

STRUCTURES FOR ACCOUNTABILITY

The fourth mark of professionalism, structures of accountability, describes the means by which professionals regulate themselves by establishing a common set of standards for practice, by monitoring their colleagues according to these standards, and by removing or reforming those who are substandard in their performance. Accountability is a way of doing justice toward the community.Footnote 57

There is an extensive system of discipline in the Church. Its purpose is protective not punitive. This protective purpose is stated in a recent report on clergy discipline in the Church of England:Footnote 58

We would also wish to emphasise the need to protect God's people. All too easily discipline can become individualised. Neither the needs of the allegedly erring cleric, not the personal standpoint of the particular bishop, are the whole story. It is the need of the believing community for high-quality and reliable leadership that is paramount. The individual bishop's personal exercise of episcope does matter. The needs of the cleric in trouble must be handled fairly, promptly, and, if at all possible, compassionately. But none of these concerns must be allowed to override the paramount concern of God's people for proper protection, and grounds for confidence in their leadership.

Discipline within the Church essentially covers three areas:

  1. i. Adherence to the faith of the church;

  2. ii. The performance of ministerial duties;

  3. iii. Moral conduct.

The system of professional discipline in the Church, which is set out in the Constitution and canons passed pursuant to its provisions, is influenced by Scripture and the formularies of the Church.

Scripture

That God is a God of justice and mercy is basic to the theology of the New Testament as to the Old Testament.Footnote 59 In the Old Testament there is an emphasis on the accountability of leaders and priests. The judgment on Eli's two sons, and the appointment of Samuel, revolves around God's desire to ‘Raise up for myself a faithful priest, which I do according to what is in my heart and in my mind’ (1 Samuel 2:35). Ezekiel warns against unfaithful leaders (Ezekiel 34:7–10). Some of the other prophets also highlight the accountability of leaders and priests (see Micah 3 and Malachi 2:1–9).

In the New Testament the life of the early church includes the discipline of believers. Luke describes the deaths of Ananias and Sapphira when confronted by Peter for holding back part of the proceeds of the sale of a piece of property (Acts 5:1–11). Paul pronounces judgment on a member of the Corinthian church who was guilty of sexual immorality, and tells them ‘to hand him over to Satan, for the destruction of the flesh’ (1 Corinthians 5:1–5).

Formularies of the Church

The rubric to the Holy Communion service in the Book of Common Prayer specifies that the minister is to exclude anyone who is ‘an open and notorious evil liver, or have done any wrong to his neighbours by word or deed, so that the Congregation be thereby offended’. In the consecration service for bishops in the Book of Common Prayer, they promise to ‘correct and punish’ those who are ‘unquiet, disobedient and criminous’ within the diocese.

Article XXVI of the Articles of Religion is headed ‘Of the Unworthiness of the Ministers which hinders not the effect of the Sacrament’. This article after stating ‘In the visible Church the evil be ever mingled with the good, and sometimes the evil have chief authority in the Ministration of the Word and Sacraments’ concludes:

Nevertheless, it appertaineth to the discipline of the Church, that inquiry be made of evil Ministers, and that they be accused by those that have knowledge of their offences; and finally being found guilty, by just judgment be deposed.

Article XXXIV is headed ‘Of the Traditions of the Church’. This article provides that clergy who ‘doth openly break the traditions and ceremonies of the Church … ought to be rebuked openly.’

Constitutional tribunals

A number of tribunals have been established by Chapter IX (sections 53–63) of the Constitution. A diocesan tribunal is the court of the bishop (section 54(1)). It has jurisdiction over clergy and lay persons licensed by the bishop and clergy resident in the diocese (section 54(2)).Footnote 60 The Special Tribunal has jurisdiction against diocesan bishops and bishops who are assistant to the Primate in that capacity (section 56(6)).Footnote 61

Each diocesan tribunal and the Special Tribunal has jurisdiction to hear and determine charges of breaches of faith, ritual, ceremonial or discipline and of such other offences as may be prescribed by canon (sections 54(2), 56(6)). The words ‘faith’, ‘ritual’, ‘ceremonial’ and ‘discipline’ are defined in the Constitution (sections 74(1), (9)). Each diocesan tribunal also has extended jurisdiction to hear charges relating to an offence of unchastity, an offence involving sexual misconduct or an offence relating to the conviction of a serious criminal offence (section 54(2A)). The Appellate Tribunal has jurisdiction to hear appeals from a diocesan tribunal or the Special Tribunal (sections 54(4), 56(7)).

There are provisions for suspension of clergy and licensed lay persons,Footnote 62 and bishops,Footnote 63 pending the hearing of a charge.

A diocesan tribunal or the Special Tribunal may recommend one or more of the following sentences: deposition from orders; prohibition from functioning; removal from office; rebuke. A recommendation of a diocesan tribunal is made to the bishop of the diocese. The recommendation of the Special Tribunal is made to the Primate (section 60(1)). The bishop of the diocese or the Primate is to give effect to the recommendations subject to the exercise of the prerogative of mercy to: mitigate the sentence; or suspend its operation; or mitigate the sentence and suspend its operation (section 60(2)).

Offences

Offences are specified in the Offences Canon 1962.Footnote 64 Offences which are applicable to all clergy and licensed lay persons are ‘unchastity’, ‘drunkenness’, ‘wilful failure to pay just debts’ and an offence which covers serious misconduct:

Conduct, whenever occurring,

  1. (a) which would be disgraceful if committed by a member of the clergy, and

  2. (b) which at the time the charge is preferred is productive, or if known publicly would be productive, of scandal or evil report.

Clergy and licensed lay persons can also be charged with the offence of ‘habitual and wilful neglect of ministerial duty after a written admonition in respect thereof by the bishop of the diocese.’ Bishops can also be charged with the offences of ‘wilful violation of the constitution or the canons made thereunder or of ordinances of provisional synod or of his diocesan synod’ and ‘any conduct involving wilful and habitual disregard of his consecration vows’.

A failure to meet the standards of Faithfulness in Service does not of itself become the basis of a charge unless a diocese has created such an offence. Such a failure may constitute grounds for a charge if it is conduct falling within a specific offence of the Offences Canon. However, it is likely that the standards of Faithfulness in Service will be taken into account by a diocesan tribunal or the Special Tribunal in determining whether the conduct in question is ‘disgraceful’.

Alternative system of discipline

Until the emergence of the child sexual abuse crisis in the Church in the late 1990s there had been little use of the constitutional tribunals for disciplinary purposes. Any discipline of clergy and licensed lay persons was informal. In some cases clergy who had admitted to sexual misconduct were moved by the bishop to another parish. An inhibiting factor in the use of the constitutional tribunals was the quasi-criminal nature of the disciplinary system involving the proof of charges. This led to the development of an alternative system of tribunals.

In 2004 the General Synod recommended that dioceses pass an ordinance giving effect to the model Professional Standards Ordinance.Footnote 65 This ordinance provides for the establishment of a Professional Standards Committee to investigate complaints of sexual assault, sexual harassment, sexually inappropriate behaviour and child abuse, and a Professional Standards Board to determine the fitness for office of clergy and lay persons where there are such allegations. The scope of the recommendations which can be made by the Professional Standards Board is far more extensive than a diocesan tribunal.Footnote 66

In 2007 the General Synod passed the Episcopal Standards Canon 2007 which provides for the establishment of an Episcopal Standards Board in a diocese to determine the fitness for office of a bishop where there are complaints of misconduct. The scope of the recommendations which can be made by the Episcopal Standards Board is far more extensive than the Special Tribunal.Footnote 67

The Holy Orders Relinquishment and Deposition Canon 2004 provides for clergy to relinquish the exercise of holy orders and for deposition from holy orders by consent. A member of the clergy cannot use either of these mechanisms to escape discipline.Footnote 68

National Register

The National Professional Standards Register has been established pursuant to the National Register Canon 2007. The information to be entered in the National Register includes disciplinary action against clergy and lay persons where this arises out of sexual misconduct or child abuse (sections 5, 6). Access to and disclosure of information in the National Register is limited to authorised persons (section 12).

CONCLUSION

Ministry in the Church as well as being a vocation is sufficiently analogous to other professions to be regarded as a profession. The positive meaning of being a professional connotes a specialised competence, a commitment to excellence, integrity, selfless dedication to serve the community, and to holding public trust. These are features which should be characteristic of pastoral ministry. Aligning ‘having a vocation’ with ‘being professional’ affirms that all that people do as ministers is a response to the presence of God in and through the Church calling them to act on its behalf as signs and agents of God's love.Footnote 69

References

2 The Anglican Church of Australia is referred to as ‘the Church’.

3 Fletcher, DB, ‘Professional ethics’ in Atkinson, DJ and Field, DH, New Dictionary of Christian Ethics and Pastoral Theology (Downers Grove, Illinois, USA and Leicester, England, 1995), p 692Google Scholar.

4 Gula, RM, Ethics in Pastoral Ministry (New York, 1996), pp 10–11Google Scholar; Lebacqz, K and Driskill, JD, Ethics and Spiritual Care: a guide for pastors, chaplains, and spiritual directors (Nashville, 2000), pp 40–49Google Scholar.

5 Redlich, M, THL325 Advanced Pastoral Care Study Guide (Wagga Wagga, NSW, 2008), p 16Google Scholar.

6 Gula, Ethics in Pastoral Ministry, pp 11–12.

7 Gula, Ethics in Pastoral Ministry, pp 51–64; Lebacqz and Driskill, Ethics and Spiritual Care, pp 38–39.

8 This context is set out in detail in Blake, G, ‘Child protection and the Anglican Church of Australia’, (2006) 4(1) Journal of Anglican Studies 81–105CrossRefGoogle Scholar.

9 The names and offences of Anglican clergy are listed on the website of Clergy Sexual Abuse in Australia online at <http://www.clergyabuseaustralia.org>, accessed 5 May 2009.

10 Chapter 11 entitled ‘The Churches’ of volume V of the Final Report called The Paedophile Inquiry can be found online at: <http://www.pic.nsw.gov.au/files/reports/VOLUME5.pdf>, accessed 31 May 2009.

11 An edited version of Not the Way of Christ, the report of the Independent Pastoral Inquiry into Sexual Misconduct by Clergy or Officers of the Anglican Diocese of Tasmania with particular reference to Paedophilia can be found online at <http://www.anglicantas.org.au/index.php?item=file&target=not_the_way>, accessed 27 August 2009.

12 The report of the Board of Inquiry into the handling of complaints of sexual abuse and misconduct by persons in authority in the Diocese of Brisbane can be found online at <http://www.anglican.org.au/docs/AnglicanReport.pdf>, accessed 31 May 2009.

13 The report of the Board of Inquiry into the handling of claims of sexual abuse and misconduct in the Diocese of Adelaide can be found online at <http://www.adelaide.anglican.com.au/Downloads/morisonreport/24_5_04_final_boi_report_final.pdf>, accessed 31 May 2009.

14 The Paedophile Inquiry, volume V, p 1026, para 11.144.

15 Ibid, pp 1026–1027, para 11.147.

16 The Forde Inquiry report can be found online at <http://www.communities.qld.gov.au/community/redress-scheme/documents/forde_comminquiry.pdf>, accessed 31 May 2009.

17 The Committee report Forgotten Australians: a report on Australians who experienced institutional or out-of-home care as children can be found online at <http://www.aph.gov.au/Senate/committee/clac_ctte/completed_inquiries/2004-07/inst_care/report/report.pdf>, accessed 31 May 2009.

18 The Mullighan Inquiry report can be found online at <http://www.service.sa.gov.au/ContentPages/sagovt/files/mullighaninquiry/CISC%20-%20Complete.pdf>, accessed 31 May 2009.

19 The transcript of this programme can be found online at <http://www.abc.net.au/austory/transcripts/s479623.htm>, accessed 1 June 2009.

20 Under Authority: the report of the General Synod Working Party reviewing clergy discipline and the working of ecclesiastical courts (London, 1996), pp 23–24, para 3.25.

21 The Constitution can be found on the General Synod website online at <http://www.anglican.org.au/docs/ACAConstitution-2003.pdf>, accessed 5 May 2009.

22 A canon of the General Synod which affects the order and good government of the Church in a diocese does not come into force in a diocese unless the diocese by ordinance adopts the canon: Constitution, s 30. In this chapter I have assumed that the canons of the General Synod are in force in a diocese.

23 ‘This Church receives all the canonical scriptures of the Old and New Testaments as being the ultimate rule and standard of faith given by inspiration of God and containing all things necessary for salvation’: Constitution, s 2.

24 The Book of Common Prayer and the Articles of Religion are ‘the authorised standard of worship and doctrine in this Church’: Constitution, s 4.

25 ‘The Anglican Church of Australia, being a part of the One Holy Catholic and Apostolic Church of Christ, holds the Christian Faith as professed by the Church of Christ from primitive times and in particular as set forth in the creeds known as the Nicene Creed and the Apostles’ Creed’: Constitution, s 1.

26 Constitution, s 71(2).

27 Some of this repeal was effected by the Constitution. Progressive repeal and re-enactment has otherwise been effected by the Solemnisation of Matrimony Canon 1981, Matrimony (Prohibited Relationships) Canon 1981, Canon concerning Confessions 1989, Canon Law Repeal Canon 1989, Canon concerning Vesture of Ministers 1992, Canon concerning Services 1992, Canon concerning Confirmation 1992, Oaths Affirmations Declarations and Assents Canon 1992, Canon Concerning Baptism 1992, Chancellors Canon 2001, Holy Communion Canon 2001, Holy Orders, Relinquishment and Deposition Canon 2004, and Canon concerning Holy Orders 2004.

28 Resolution 33/04(b).

29 Resolution 33/04(e). Faithfulness in Service can be found on the General Synod website online at <http://www.anglican.org.au/docs/PSCFIS-revd%20SCGS-October%202006.pdf>, accessed 5 May 2009.

30 Resolution 59/04.

31 Psychologists Board of Queensland v Robinson [2004] QCA 405 at [21].

32 Pastoral Guidelines with special reference to Child Sexual Abuse can be found on the General Synod website online at <http://www.anglican.org.au/docs/BISPrivateConfession%20080306.pdf>, accessed 10 May 2009.

33 Relevant legislation and State and Territory screening programmes are set out on the Resource Sheet of the National Child Protection Clearinghouse within the Australian Institute of Family Studies, which can be found online at <http://www.aifs.gov.au/nch/pubs/sheets/rs13/rs13.html>, accessed 1 June 2009.

34 The scope of mandatory reporting of child abuse and the applicable legislation are set out on the Resource Sheet of the National Child Protection Clearinghouse within the Australian Institute of Family Studies which can be found online at <http://www.aifs.gov.au/nch/pubs/sheets/rs3/rs3.html>, accessed 1 June 2009.

35 Gula, Ethics in Pastoral Ministry, pp 51–52.

36 Ibid, p 53.

37 Ibid, pp 52–53.

38 Ibid, p 56.

39 Ibid, p 56.

40 Oaths Affirmations Declarations and Assents Canon 1992.

41 Redlich, Advanced Pastoral Care, p 23.

42 Making Our Church Safe: a programme for action, Report of the Child Protection Committee of the General Synod of the Church (Sydney, 2004), section 10.

43 Blake, H, THL122 Pastoral Care Study Guide (Wagga Wagga, NSW, 2009), pp 8–9Google Scholar.

44 Making Our Church Safe, section 10.

45 Redlich, Advanced Pastoral Care, p 33.

46 Gula, Ethics in Pastoral Ministry, pp 65–66.

47 Ibid, p 66.

48 K Litchfield, Tend My Flock: sustaining good pastoral care (Norwich, 2006), pp 37–38.

49 Litchfield, Tend My Flock, p 39; Gula, Ethics in Pastoral Ministry, pp 85–86.

50 Litchfield, Tend My Flock, p 40.

51 Gula, Ethics in Pastoral Ministry, p 75.

52 Ibid, p 76.

53 Ibid, p 148.

54 Litchfield, Tend My Flock, p 81. Guidelines for boundaries in pastoral relationships are set out in Faithfulness in Service (paras 4.10–4.17).

55 Sperry, L, Sex, Priestly Ministry, and the Church (Collegeville, Minnesota, 2003), p 49Google Scholar.

56 Blake, H, THL228 Pastoral Care Interventions Study Guide (Wagga Wagga, NSW, 2008), pp 89–90Google Scholar.

57 Gula, Ethics in Pastoral Ministry, p 61.

58 Under Authority, p 33, para 4.15.

59 Ibid, p 16, para 3.2.

60 A person appointed by the bishop of a diocese or any five adult communicant members of the Church may promote a charge before the diocesan tribunal. If the offence is against an incumbent of a parish in reference to an offence alleged to have been committed within the parish, the communicant members must be bona fide members of the parish. Any charge relating to faith ritual or ceremony cannot be heard unless it is allowed as a proper charge to be heard by a board of inquiry: Constitution, s 54(3).

61 A charge against a bishop in the Special Tribunal may be brought by the Episcopal Standards Commission, another bishop or in respect of a diocesan bishop in accordance with the provisions of an ordinance of the synod of that diocese: Special Tribunal Canon 2007, s 43(1).

62 Where a charge has been promoted against a member of the clergy or licensed lay person before the diocesan tribunal, the bishop with the concurrence of the diocesan council may suspend a person until the determination of the charge (s 61(1)). In certain circumstances where it is proposed that a charge be promoted against a member of the clergy or licensed lay person, a bishop may suspend the person for a period not exceeding 28 days (s 61(2)).

63 Where a charge has been promoted against the bishop of the diocese before the Special Tribunal, the President of the Special Tribunal with the concurrence of the diocesan council may suspend the bishop until the determination of the charge (s 61A).

64 There are also offences specified in the Holy Orders Relinquishment and Deposition Canon 2004 (s 12) and the Canon Concerning Holy Orders 2004 (s 18(2)).

65 Resolution 54/04.

66 Recommendations include counselling, participation in a conciliation or mediation, an apology, an admonition, retraining of a specified nature, and reparation of a specified nature (s 69).

67 Recommendations include counselling, the holding of office subject to conditions or restrictions, and such direction as the Episcopal Standards Board sees fit (s 49).

68 Before such a relinquishment or deposition is available the bishop must be satisfied that the person is not currently the subject of any information, complaint or charge in any diocese concerning his or her conduct or fitness to hold any office (ss 3(b)(ii), 4(d)).

69 Gula, Ethics in Pastoral Ministry, pp 13–14.