Lawyer Kieran Tapsell says many church leaders still bound by Secreta Continere, pontifical secrecy

This article is more than 3 years old

This article is more than 3 years old

The Catholic church’s “pontifical secret” rule is still preventing bishops from disclosing child sexual abuse allegations in some states, an expert has said.

The royal commission into institutional responses to child sexual abuse on Thursday began to examine how canon law contributes to the secrecy surrounding child abuse within the Catholic church.

Since 1974, an instruction from the pope known as Secreta Continere, or the pontifical secret, has imposed strict secrecy on the investigation and handling of child abuse allegations within the church.



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The royal commission has heard the rule contributed to the failure of the church to refer abuse allegations to police and other civil authorities.

In 2010, the Holy See relaxed the secrecy provisions, telling church leaders they must obey any civil law compelling them to disclose information about abuse. But many Australian state and territories do not have explicit laws requiring the reporting of child abuse complaints.

Kieran Tapsell, an Australian civil lawyer with expertise on canon law, said that meant many church leaders were still bound by pontifical secrecy.

“I don’t think there’s any doubt, if there were no civil laws requiring reporting, then the pontifical secret still applies,” Tapsell said.



“So in Western Australia and Queensland, for example ... bishops are under an obligation under canon law not to report to police. Now I would take my hat off to them if they breached it ... but it is still the law.”

But another canon lawyer, Rodger Austin, told the royal commission there was nothing in canon law that prevented the reporting of abuse to civil authorities. Austin said aspects of canon law required Catholics to be bound by the teachings of the church. He said the teachings required individuals to follow civil laws.

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“If the teaching of the church says you observe the civil laws, then that applies to this case,” he said.

The royal commission is likely to recommend that all states and territories implement a mandatory reporting requirement.

Child abuse campaigner, abuse survivor, and ambassador for Bravehearts, Damian De Marco, issued a statement on Thursday calling for mandatory reporting to be introduced.

He said most Australian church leaders were still not under such an obligation, meaning canon law required them to maintain secrecy.

The hearing continues.