South Australian Greens want Catholic Church punished if it defies child abuse laws
THE Catholic Church should be stripped of tax exemptions and made to pay council rates if it refuses to adhere to new laws to report cases of child abuse revealed in the confessional, a senior SA politician says.
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THE Catholic Church should be stripped of tax exemptions and made to pay council rates if it refuses to adhere to new laws to report cases of child abuse revealed in the confessional, a senior SA politician says.
And a prominent criminal lawyer warns the state usually will win out in any battle between Church and state.
A huge showdown is brewing between Premier Steven Marshall and the Catholic Church if it maintains its defiance of laws requiring priests to break the secrecy of the confessional to report child abuse from October.
Politicians reacted with outrage after acting Archbishop of Adelaide Greg O’Kelly declared on Friday the law change “did not affect” Catholic priests.
Bishop O’Kelly was appointed to lead the Adelaide archdiocese after Archbishop Philip Wilson was found guilty of hiding child abuse and stood down.
“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,” he said on ABC Radio.
“That does not change by the law of politicians.”
South Australia will become the first state to require priests to break the sanctity of the confessional when the laws come into effect in October.
Greens MP Mark Parnell said it was “outrageous” for the Church to suggest it was above the law.
“This is an institution that receives huge financial support from the community in tax breaks and not being required to pay council rates on its huge properties,” he said. “By saying this, they’re inviting us to cancel all these concessions.”
Mr Parnell said the Greens were “seriously considering” introducing legislation to cut the Catholic Church’s financial advantages if it did not reconsider its position.
Australian Lawyers Alliance criminal justice spokesman Greg Barns said it was not unusual for Church and state to be in conflict over criminal law. He said the law’s effectiveness would depend on whether priests obeyed “the rules of the state or the rules of God”.
“Usually the state wins out. At the end of the day there’s an obligation on all people to obey the law and I would hope the Church would comply with that law,” he said.
“That’s not to say there won’t be some members of the Church who would possibly not follow that law.
“It will be a matter of conscience for those members of clergy to decide whether they obey Rome or North TCE.”
Under the laws, priests would face a $10,000 fine if they fail to report abuse, bringing their requirements into line with social workers, teachers and medical professionals.
Labor justice spokesman Kyam Maher said the laws, introduced by the former Labor government, were in place to protect children and hold abusers to account.
“These new laws apply equally to all South Australians. There is no carve out for any individual or group who think they are above the law,” he said.
The Attorney-General’s Department said authorities intended to follow up instances where ministers of religion did not meet their mandatory reporting requirements.
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