by Joseph Smith

Sydney Diocese’s Professional Standards Unit and Anglicare have developed a scheme that will give victims of sex abuse compensation of up to $75,000 without having to go to court.

The new pastoral care and assistance package comes on the back of a similar move by the Diocese of Tasmania to pay victims of abuse up to $60,000.

“Court litigation can be costly and stressful. This scheme is intended to provide victims with a voluntary alternative to litigation,” said Director of the Professional Standards Unit (PSU), Philip Gerber. “Due to the passage of time and loss of evidence it will often not be possible for victims of child abuse or sexual misconduct to establish the validity of their allegations in court.”

Mr Gerber said a cap on the amount a victim could receive was necessary to avoid levying parishes to pay for costly compensation claims.

“While this is an ‘ex-gratia’ scheme that seeks to assist claimants regardless of legal liability, upper limits have been imposed as it will be funded from sources which would have otherwise supported various worthwhile ministries,” he said.

“Ultimately, the church is funded from the person in the pew so it is not ‘our’ money to splash around. It is under a trust both legally and morally. We are trying to be generous as well as wise.”
While the Church is not legally liable to assist victims of abuse outside court, Mr Gerber said the church as a Christian body had moral reasons to do so.

“Victims of child abuse or sexual misconduct at the hands of a church worker have been violated and had their trust betrayed. We are committed to responding promptly with empathy, support and respect. We need to help them rebuild their lives,” Mr Gerber said.

Where a claim for compensation is lodged, the person making the allegations and their needs arising from the abuse, will be assessed.When abuse or misconduct has been substantiated, a psychiatrist or psychologist and a legal practitioner will assess evidence to determine the financial needs and the damaging effects of the abuse. PSU will administer the scheme.

“Financial assistance alone cannot make amends for the harm caused by child abuse or sexual misconduct,” Mr Gerber said.

“Rather…it is seen as a means by which the Diocese and Anglicare can acknowledge the harm caused by child abuse or sexual misconduct and show compassion by providing some practical financial assistance for the claimant’s present and future needs arising from the child abuse or sexual misconduct,” he said.

Victims will need to sign a release form covering the Diocese or Anglicare against further legal action.

The national church will consider adopting a unified approach to handling abuse claims at General Synod in October.