National: a new ‘Standards’ company

In a statement released during the Bishops' recent annual meeting at Mary MacKillop Place in Sydney, a new initiative was unveiled: a national body will be set up for the protection of children and adults from abuse.

According to the report, the non-profit company entitled Catholic Professional Standards Limited (CPS), will develop, audit and report on compliance with professional standards by Catholic service providers and Church entities.

In essence, the role of CPS will be to:

• create comprehensive standards nationwide for application by providers;
• audit compliance by each authority with the standards; and
• promote education and training on the new standards.

The Catholic Church already has an equivalent body which maintains professional standards, called the National Committee for Professional Standards, which also oversees policy and procedural developments. However, it is believed that the CPS will go beyond the Committee and, over time, its responsibilities will be integrated into the new entity.

A new path for the Church

Church leaders believe the initiative will pave a new path for the Church’s reputation, governing best practice among its agencies and introducing accountability and transparency, in addition to raising protection of vulnerable persons, whether children or adults.

As reported by ABC News, Brisbane Archbishop Mark Coleridge believes that CPS will go beyond the law, supplementing gaps in legislation: “We see it as a kind of partnership between church and state: between the civil law and the kind of standards and processes that we're putting in place with this initiative."

Naming and shaming through the audit process may even prove a deterrent, with the Archbishop saying that the Pope could be called in to adjudicate serious offences against the standards where there are "dramatic" breaches. Each Church authority reviewed will be responsible for paying the costs of the auditing and reporting process.

Coleridge accepted that the Church will have a long way to go in silencing critics and is anticipating criticism but believes that this is an example of how far the Church has come and the amends it is willing to make to repair the trust of all Australians.

CPS to operate independently from the Church

The prevention of abuse is more secure with this initiative in place but spokespeople for the church do not expect the critics to be silent.

As the CPS will function as a company (limited by guarantee), its directors will be held responsible when problems occur.  They will also be responsible for meeting their legal obligations under legislation such as the Corporations Act 2001 (Cth), and the Australian Charities and Not-for-profits Commission (ACNC) Act 2012 (Cth) if it is registered as a charity.  Such duties include managing any conflicts of interest which may arise.  Refer to our previous article Conflicts of interest in schools: How do you manage them? for more information on conflicts of interest and what they mean for not-for-profit entities.

While CPS will operate and function independently, it will be funded by the Church and three of its directors have been specifically handpicked as members of the seven-person board of directors.

According to reports, the following persons will be appointed as directors of CPS:

• The Hon Geoffrey Giudice, AO who was the President of the Australian Industrial Relations Commission from 1997 until 2009;
• Ms Partirica Faulkner AO, who was the secretary of the Department of Human Services Victoria; and
• The Hon John Watkins AM, who was a member of the NSW Parliament between 1995 and 2008 as a Deputy Premier for three years.

The expectation is that the Catholic Professional Standards will have commenced operation by early 2017 and that the CPS Board will recruit and appoint an appropriate chief executive officer to manage its activities.

State-based: new Victorian ‘Standards’ guidelines

The creation of the CPS is the latest positive initiative by the Catholic Church in the wake of the Royal Commission into Institutional Response to Child Sexual Abuse.

Recently, the Catholic Education Commission Victoria (CECV) has published detailed and helpful guidance notes for Catholic schools in Victoria to help them improve the safety of children under their care.

The Guidelines on the Engagement of Volunteers in Catholic Schools acknowledge the positive contributions volunteers make to school resources and build a sense of opportunity and community connection but highlight that there should be a clear process for recruitment and selection. This includes requiring appropriate application documentation and conducting interviews and referee/screening checks to confirm and ensure a person is suitable for volunteer work.

The Guidelines on the Engagement of Contractors in Catholic Schools, in a similar manner, emphasise the importance of a clear and transparent contractor selection and assessment process, while requiring schools to be aware of requirements relating to privacy and anti-discrimination, in addition to child safety. To emphasise the difference between contractors, employees and volunteers, contractors fall into three categories depending on their level of involvement with children and function.

The CECV is unlikely to be the last state or territory-based Catholic body providing guidance and recommendations on meeting standards for child safety.