Church revises its Towards Healing system, with help from its insurance company


  Main Page

  Contact Us

  Our top stories

  Black Collar Crime

  Donations

Broken Rites Australia helps victims of church-related
sex-abuse.


By a Broken Rites researcher

The Catholic Church in Australia announced on 14 November 2008 that it is conducting a review of the "Towards Healing" system which handles complaints from the church's sex-abuse victims.

The "Towards Healing" process is conducted in association with the Catholic Church's own insurance company, Catholic Church Insurances Limited (CCI). CCI has stated that this company "carries the burden of salary and support staff" for Towards Healing and, furthermore, that CCI will "provide practical support" for the review of Towards Healing.

Many of the church's victims have had an unsatisfactory experience with Towards Healing, finding the process too evasive. Broken Rites believes that these victims should take this opportunity to forward their criticisms to the person who is in charge of the revision (see contact details later in this article).

Submissions must be lodged before 15 January 2009. This short deadline, spanning the Christmas and New Year holidays, might discourage many people from making a submission, which is probably why the church chose to do it at this time of the year.

Origins of Towards Healing

The Catholic Church introduced the Towards Healing process in Australia in 1996, after Broken Rites Australia had spent three years making the Australian public aware of the problem of church sexual abuse. Many church victims were contacting Broken Rites to report instances of sexual abuse. Some of these victims then reported these crimes to the police, while other victims instructed solicitors to take civil action against the church. Therefore the church established (and publicised) its Towards Healing process, so that victims would contact Towards Healing rather than contacting Broken Rites.

The Towards Healing process is not a substitute for reporting a crime to the police, but it can be a substitute for civil litigation.

Towards Healing is administered by a Professional Standards Ofice (PSO), located in each Australian state. The church invites its victims to report details of the abuse, and the PSO then forwards the complaint to the relevant diocese or religious order, which is required to "respond".

Despite its charitable-sounding name, Towards Healing is really a business procedure, designed to protect the church from the legal liability of compensating a victim or, at least, to limit any liability.

If a victim's life has been damaged by church-abuse, the church is not prepared to pay the full and reasonable compensation that would be payable by any other business corporation. Through the Towards Healing system, the church seeks to evade compensation completely, although sometimes the church offers a small discounted settlement if the victim agrees not to pursue litigation for the full amount to which he/she would normally be entitled.

To cover any of these small payouts, the Catholic Church operates its own insurance company, Catholic Church Insurances Limited. The various Catholic dioceses and religious orders in Australia pay an annual premium to CCI to cover any settlements which the church is unable to evade.

Catholic Church Insurances Limited is therefore closely associated with the Towards Healing process. (For more about CCI, see later in this article.)

Review of Towards Healing

On 14 November 2008 the Catholic Church's National Committee for Professional Standards (NCPS) issued a circular about a proposed review of Towards Healing. The circular was signed by the co-chairs of the NCPS: Bishop Bill Morris (bishop of Toowoomba) and Father Tim Brennan (Australian head of the Missionaries of the Sacred Heart religious order, Sydney).

The circular said that the church has commissioned Professor Patrick Parkinson, of the Faculty of Law at the University of Sydney, to assess the principles and procedures of "Towards Healing" and to make recommendations concerning any amendments which might appear warranted.

The circular said that the review is designed not only to help victims but also to "provide procedural fairness for those accused".

The circular invited interested persons (this would include clergy and other church personnel, not just the victims) to "make any submissions which you feel, from your experience of Towards Healing processes, would assist in improving the process and its implementation".

The circular said that submissions should be sent before 15 January 2009 to:
Professional Standards Review P.O. Box 308
KENSINGTON NSW 1465

It was not clear who would open any mail that is sent to that address. To ensure that their submission reaches the right person, Broken Rites suggests that victims should write directly to:
Professor Patrick Parkinson
Faculty of Law
University of Sydney
Sydney NSW 2006

Victims can send a copy to the church at the Kensington address but it is important to make sure that Professor Parkinson receives the original.

Broken Rites notices that the church neglected to provide an email address for making submissions. This omission will discourage some victims from making a submission.

And, furthermore, the church neglected to send its circular to individual victims. Broken Rites forwarded the circular to some victims, but none of them had been sent a copy by the church.

All these "omissions" (plus the January deadline -- during the holiday season) mean that the church might not receive many submissions, which will make Professor Parkinson's job much easier.

The insurance policy

The Catholic Church in Australia revealed in 1993 that it has an insurance policy to cover its liability for the damage suffered by the church's sexual abuse victims. The existence of the insurance policy was revealed by Bishop Peter Connors on ABC TV's "Compass" program on Sunday 27 June 1993. Connors was then the chairman of the church's "special issues" sub-committee, attached to the Australian Catholic Bishops' Conference. An article about the insurance policy appeared in that day's edition of the Sydney Sunday Telegraph.

In 1993, the expression "special issues" was code for "church sexual abuse". The "special issues" sub-committee had the responsibility of considering damage-control for the church's sex-abuse problem which was becoming a major public issue.

Broken Rites possesses a photocopy of a Catholic Church insurance policy, from early the 1990s, with Australian Catholic Insurances Limited. The document says that the policy is for "Special Issues Liability" and it relates to the Special Issues Committee of the Australian Catholic Bishops' Conference.

In the mid-1990s, the "Special Issues" Committee evolved into the church's National Committee for Professional Standards(NCPS), which published a booklet entitled Towards Healing — a cosmetic name that had been coined with a eye to the church's public image as a "helping" institution.

The booklet involved input from the church's insurers, as well as its lawyers. In the early years of the NCPS and Towards Healing, the executive director of the NCPS (Sister Angela Ryan) was also a director of Catholic Church Insurances Limited — which many victims might regard as a conflict of interest.

The insurance company's role

The following information was downloaded in 2007 from the website of Catholic Church Insurances Limited (CCI). This material demonstrates that the insurance company is behind Towards Healing and that the company will be involved in the future review of Towards Healing.

Here is the quote, word for word, from the website:-
    "Catholic Church Insurances has been represented on 2 joint committees — Special Issues Committee and subsequently the National Committee for Professional Standards — with the burden of salary and support staff carried by this company.

    "We have developed the knowledge to guide the Church through the processes established under the 'Towards Healing' protocol. Our representative is often the first call for advice.

    "Catholic Church Insurances has provided practical support for:

    * The "Towards Healing" document

    *The "Integrity in Ministry" document

    * The "Formation for Ministry" Conference

    * Membership of the Board and provision of secretarial services to "Encompass Australasia". [This was a "counselling" service for clergy and religious personnel who have sexual-abuse problems but in 2008 the church downgraded this service.]

    * In the future, the review of "Towards Healing"
[End of quote from the Catholic Church Insurances Limited website, July 2007.]

When Broken Rites checked again in November 2008, the CCI website included another interesting statement: "We [Catholic Church Insurances Limited] exist to protect the Church."

Many church-abuse victims have found that Towards Healing, too, exists to protect the church.

Tax-free perks

Catholic Church Insurances Limited is a profit-making business, which seeks to enjoy some of the perquisites of the tax-exempt status that is given to religious organisations and charities. This is demonstrated in a newspaper item in 2006:-

Church faces tax bill
by Karen Collier
Herald Sun, Melbourne, July 15, 2006

    The Catholic Church's prayers have been ignored in a fight with the tax man over a $1.15 million Melbourne property.

    An insurance company owned by the church hoped to escape $63,250 stamp duty on the Spring St apartment bought two years ago.

    Catholic Church Insurances swore it was exempt because it was a corporation set up for a religious or charitable purpose.

    But the Victorian Civil and Administrative Tribunal yesterday ruled in favour of the Commissioner of State Revenue.

    The tribunal heard that although the insurer was at first established for religious and charitable reasons, its business had broadened.

    No one from Catholic Church Insurances was available for comment yesterday.

    The CCI website describes a range of insurance cover available for parishes, schools, hospitals and other church institutions, and the broader Catholic community.

    It also offers international travel insurance for bishops and personal accident insurance for clergy.

Comment by Broken Rites:

Although Catholic Church Insurances Limited doesn't like paying taxes, it gladly spends money on Towards Healing, which it apparently regards as a wise investment.