Adelaide’s acting archbishop says confessional is sacred and its nature can’t be changed

This article is more than 2 years old

This article is more than 2 years old

The South Australian Catholic church will not adhere to a change in law requiring priests to report confessions of child sex abuse, the acting Archbishop of Adelaide has said.

Under the new state law, set to take effect in October, priests who hear confessions about child abuse will have a legal obligation to report the matter to police.

“Politicians can change the law, but we can’t change the nature of the confessional, which is a sacred encounter between a penitent and someone seeking forgiveness and a priest representing Christ,” Bishop Greg O’Kelly told ABC radio in Adelaide on Friday. “It doesn’t affect us.

“We have an understanding of the seal of confession that is in the area of the sacred.”

Following South Australia’s annoucement, the New South Wales Nationals have also voted in support of laws that would force clergy to break confessional to report child abuse.

Canon (church) law lays down that “it is absolutely forbidden for a confessor to betray in any way a penitent in words or in any manner and for any reason”.



The penalty for violating the seal of confessional is excommunication, as every priest knows. The law also stipulates that anyone else who happens to hear or overhear someone confessing sacramentally is also obliged to observe the seal.



Not reporting abuse will carry a maximum $10,000 fine in South Australia, and brings expectations of priests in line with those of social workers, teachers, medical professionals and others in positions of authority who are required to report abuse.



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A spokesperson for the South Australian attorney general’s department said authorities intended to follow up instances where the law had been broken, and prosecution may result.

“Where there is clear evidence to indicate a minister of religion … has failed to abide by their mandatory reporting requirements, the matter would need to be investigated by authorities, with further action – including prosecution – taken as appropriate,” a statement read.

The law forms part of the South Australian government’s response to the royal commission into institutional responses to child sex abuse, released by the attorney general, Vickie Chapman, on Tuesday.

O’Kelly said the church had not been made aware of the change, which was legislated last year, until Thursday.

In NSW, the former state education minister Adrian Piccoli interrupted the state Nationals annual conference proceedings to call for the government to introduce expanded mandatory reporting laws on Friday.

Piccoli requested an urgency motion at the Nationals conference in Cowra, requiring religious clergy to report knowledge or suspicions of child abuse, regardless of the seal of confession.

The motion was seconded by the NSW police minister, Troy Grant.

“Two weeks ago I spoke to a Catholic priest and I said ‘if you became aware through the confessional that my son was being sexually abused, would you tell me, or would you tell any authority?’ and he said ‘no’,” Piccoli told the conference.

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“I don’t think there could be anything more important than child protection.”

The federal Nationals senator John Williams spoke against the motion, telling the conference there was no way priests would adhere to the laws.



“No matter what law you make, you will never, ever get a priest to breach confidentiality of the confession. Never ever,” Williams said.



However, Piccoli said arguments around canon law held no weight.



“The laws of Macquarie Street and Canberra take precedence over canon law, sharia law, or anything else,” he said.



The motion passed comfortably after a short debate.

The royal commission into institutional responses to child sex abuse recommended laws compelling clergy to report confessions of child abuse and the federal government has urged states to enact legislation.