Date: Sat, 12 July 1997 02:35:25 +0800

Subject: Clergy sexual misconduct

The Uniting Church has new procedures for dealing with sexual misconduct by clergy.

The revised Regulations on Church Discipline have several major changes from those which were replaced, said the executive officer of the Commission on Women and Men, Ms Christine Cargill. First, they have changed the focus from "sexual abuse" to "sexual misconduct", which has widened the areas of behaviour which the regulations cover. Sexual misconduct covers sexual harassment, sexual assault, sexual conduct prohibited by law, and sexualisation of a pastoral relationship.

Second, the Synod Sexual Misconduct Complaints Committee will be able to investigate, rather than merely respond to complaints. In discipline matters, the burden of proof has been changed from "reasonable doubt" to the "balance of probabilities". In other words, from the criminal to the civil standards of proof. The church is now a "party" along with the complainant and the minister. One of the implications of this, for instance, could be that even if the complainant withdraw their complaint, the church could still proceed against a minister.

The proposals were agreed by consensus, and will go to the Standing Committee for final approval via consultations with the Legal Reference Committee and synod secretaries.