DRAFT
CODE OF PROFESSIONAL ETHICS
FOR THE PRACTICE OF PASTORAL MINISTRY:
A GUIDE FOR CHURCH WORKERS AND THEIR COMMUNITIES
Child Protection Committee
of the General Synod of the
Anglican Church of Australia
July 2003
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Members of the Child Protection Committee
are:
Garth Blake SC, Sydney (Chair)
Helen Carrig, Adelaide
David Farrer, Bishop of Wangaratta
Philip Gerber, Sydney
Marilyn Redlich, Brisbane
With the assistance of
Rev’d Dr Gordon Preece, Melbourne who wrote the Theological Reflection.
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Contents
1.
2.
Introduction ..........................................................................................................4
Theological Reflection ..........................................................................................5
Introduction ...............................................................................................................5
Practicing our Profession ............................................................................................5
Clerical Identity and Calling Confusion post-Christendom ................................................5
Minimal and Maximal Ministry Standards .......................................................................6
Codes, Character and Images of Ministry .......................................................................7
3. Practice of Pastoral and Professional Ministry .....................................................8
Preamble ...................................................................................................................8
Principles ..................................................................................................................8
Rules ........................................................................................................................8
Guidelines .................................................................................................................9
A. Boundaries .....................................................................................................9
B. Referral ...........................................................................................................9
C. Impartiality ......................................................................................................9
D. Confidentiality .................................................................................................9
E. Conversations in a Ministry Context .................................................................10
F.
Record Keeping and Privacy ............................................................................11
G. Expectations, Responsibilities and Legitimate Personal Needs ............................11
H. Professional Development and Support ............................................................11
I.
Maintaining a Healthy Lifestyle.........................................................................11
J.
Harassment ...................................................................................................12
4. Ministry to Children and Young Persons ............................................................12
Preamble .................................................................................................................12
Principles ................................................................................................................12
Rules ......................................................................................................................12
Guidelines ...............................................................................................................13
A. Characteristics, Effects and Recognition of Abuse .............................................13
B. Ensuring the Safety of Children and Young Persons ...........................................14
5. Collegiality ..........................................................................................................18
Preamble .................................................................................................................18
Principles ................................................................................................................19
Rules ......................................................................................................................19
Guidelines ...............................................................................................................19
A. Overlapping Ministries ....................................................................................19
B. Termination of Ministry ...................................................................................19
C. Accountability and Support .............................................................................19
6. Connection between Personal Behaviour and Pastoral and
Professional Ministry ..........................................................................................20
Preamble .................................................................................................................20
Principles ................................................................................................................20
Rules ......................................................................................................................20
Guidelines ...............................................................................................................21
A. Offensive Language .......................................................................................21
B. Use of alcohol and other mind altering or addictive substances and products .......21
C. Dress............................................................................................................21
D. Family Relationships ......................................................................................21
7. Sexual Conduct ..................................................................................................21
Preamble .................................................................................................................21
Principles ................................................................................................................22
Rules ......................................................................................................................22
Guidelines ...............................................................................................................22
A. Sexual Abuse of an Adult ................................................................................22
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B.
C.
8.
Sexual Exploitation ........................................................................................ 23
Commercialized Sex ...................................................................................... 23
Financial Integrity .............................................................................................. 24
Preamble ................................................................................................................. 24
Principles ................................................................................................................ 24
Rules ...................................................................................................................... 24
Guidelines ............................................................................................................... 25
A. Boundaries ................................................................................................... 25
B. Personal Gifts ............................................................................................... 25
C. Handling of Church Monies ............................................................................. 25
D. Personal Financial Obligations ............................................................. 26
9. Commission of a Serious Criminal Offence ....................................................... 26
Preamble ................................................................................................................. 26
Principles ................................................................................................................ 26
Rules ...................................................................................................................... 26
Guidelines ............................................................................................................... 26
10. Dictionary........................................................................................................... 26
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1.
Introduction
1.1
This Draft Code of professional ethics seeks to improve our life together by
cultivating a climate of shared accountability within the Anglican Church of
Australia. The practice of ministry by church workers must be open to
discussion, evaluation and development.
1.2
The goal of the Code is to:
 ensure that our communities are safe places for children and adults;
 ensure the welfare and protection of church workers;
 identify the values that underpin the practice of ministry in the Church
 clarify the standards and practices expected of those who exercise
ministry in the name of the Church; and
 encourage church workers to aspire to the highest possible standard of
conduct.
1.3
All who minister in the Church are called to be God’s servants and are
expected to use their power and authority responsibly. This Code therefore
applies to all church workers, whether lay or ordained, paid or unpaid.
1.4
The Code places the primary emphasis on developing safe communities
within the Church where integrity is honoured, healing is encouraged,
accountability is practised and forgiveness is not used to conceal misconduct.
The Code can only be effective if it is upheld and followed.
1.5
Each section of this Code consists of four components:
 a preamble, which sets out the rationale for why the topic treated in the
section, is of ethical concern;
 principles which highlight the essential theological and moral foundation
for conduct expected of church workers with respect to the topic
considered;
 rules the breach of which may result in disciplinary action. A lack of
awareness or misunderstanding of these rules is not a defence against
allegations of a breach of this Code;
 guidelines which are standards of best practice and highlight practical
ways to avoid misconduct in ministry. While failure to follow these
guidelines does not constitute a breach of this Code, they constitute
appropriate benchmarks that are prudent to follow. Where a given
conduct is not specifically addressed by these guidelines it does not mean
that it is necessarily ethical or unethical.
1.6
Definitions of all key terms are found in the Dictionary (section 10). Where
specific definitions are provided, these terms they are italicised the first time
they appear in a section.
1.7
This Code sets out benchmarks for ministry by church workers and will need
to be the subject of ongoing review. It is hoped that all dioceses will adopt the
Code together with any additions for their local circumstances.
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2.
Theological Reflection
Introduction
2.1
Two decades ago the ordained ministry was described as a ‘perplexed
profession’. If it was true then, how much more so now with a host of
headlines in the USA and Australia highlighting clergy and church worker
sexual abuse and other sins. Some ministers have been spat at or labelled
‘child abuser’ or ‘paedophile’ when wearing a clergy collar in public. Many
have taken to not wearing them. There is a sense of shame which can easily
extend more seriously to ministers and their congregations being ‘ashamed of
the Gospel’ (Romans 1:16) and the salvation it brings. In the light of this it is
vital that the sense of shame that has come upon us be named, addressed
and prevented in the future so that we may once more confidently ‘profess’
the faith as ordained or non-ordained Christian workers. A code of
professional ethics is one way, but not the only way of doing this. It is a
necessary but not sufficient step towards greater accountability.
Practicing our Profession
2.2
The notion of profession goes back originally to the profession or public
expression of ‘worship’ (1 Timothy 2:10), ‘faith’ (Hebrews 4:14) and ‘hope’
(Hebrews 10:23). We are exhorted to hold ‘firmly’ to the faith ‘since we have
a great [heavenly] high priest …’ who is ‘not … unable to sympathise with our
weaknesses, but we have one who has been tempted in every way, just as we
are – yet was without sin. Let us then approach the throne of grace with
confidence, so that we may receive mercy and find grace to help us in our
time of need’ (Hebrews 4:14-16). Likewise, because of such a high priest’s
costly sacrifice we should hold ‘unswervingly to the hope we profess, for he
who promised is faithful. And let us consider how we may spur one another
on toward love and good deeds’ (Hebrews 10:23-24). It is in this spirit of
prayerful, mutual encouragement that this code of professional ethics has
been prepared. For Christian ethics is not primarily legal and individualistic in
orientation, but prayerful, communal and above all, Christ-centred. Without
this focus, Christian professionalism, even an ethical professionalism, can
lead to a clerical culture or clerical club that is confused in identity, lacking in
accountability, and corrupted by its power.
Clerical Identity and Calling Confusion post-Christendom
2.3
Our confusion of identity, lack of accountability, and corruptibility has several
causes: the unbiblical division between clergy and laity, introduced in 1
Clement (AD 96); the clergy’s loss of their primacy amongst the classical
professions (medicine and law) with the development of lay professional
specialisation in the Renaissance, rapidly accelerated in the Industrial and
Information Revolutions; and now the passing of Christendom and theology
as queen of the sciences and clergy as its authoritative representatives.
Clergy are no longer the educated gentlemen of 19 th century English village
parishes. We are GPs in a world of specialists and face specialised ethical
dilemmas. We have no moral monopoly. In Australia particularly the role of
the early clergy as moral policemen in a convict colony has left a legacy of
anti-authoritarianism and anti-institutionalisation.
Australian society is
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suspicious of any lack of contrite humility and accountability and eager to
pounce upon our every hypocrisy. Further, the lives of all workers are
increasingly monitored in a technological media society – from call-centre
workers to the professions, to the clergy. The church has complacently lived
off the moral capital of Christendom until it is nearly gone. This code of
professional ethics is an attempt to help us catch up with the contemporary
development of professional accountability.
2.4
Some church workers will resent this. They claim their vocation is unique and
not subject to such scrutiny. Sadly this ignores the priority of the general
calling or vocation of all Christians to ‘walk worthy of their calling.’ This is
spelt out in a range of virtues or characteristics of that calling such as humility,
gentleness, patience (Ephesians 4:1-2). We are all mutually accountable
within the body and to Christ as its head for living these out. Further, this
Christ-centred, embodied ethic is to be practised in the various settings of
domestic and workplace callings (Ephesians 5-6) and our political callings as
citizens subject to law (Romans 13). This ecology of callings provides a
system of checks and balances to an exaggerated and exclusive sense of
clerical calling.
Minimal and Maximal Ministry Standards
2.5
Our legal responsibilities provide a bottom line or floor for church professional
ethics but the example of Christ, displayed in the cross, provides the ceiling to
which our professional ethic aspires. At the very least, the church and its
ordained ministers should be law-abiding and respectful of society’s
standards. We do not judge outsiders but need to discipline our own (1
Corinthians 5:1-6:2). An overseer or bishop ‘must be well thought of by
outsiders so that he may not fall into disgrace and the snare of the devil’ (1
Timothy 3:7). Overseers (bishops), elders (priests) and deacons are to be
‘above reproach,’ displaying the respected household virtues of the GrecoRoman world and more in the light of Christ (1 Timothy3:1-13, Titus 1:5-9).
2.6
The role morality of particular professions does not cancel out ‘real’ or
universal, human morality. Recent cases of psychiatrists and doctors using
client confidentiality as an excuse for not preventing serious harm to others
affected by such information should put us on our guard. ‘A profession that
will not police itself runs the danger of being policed by others’ (Eastern
Oklahoma Presbyterian Code). If we do not fulfil secular society’s justified
standards we may lose the right to express the distinctive ethical standards of
the Christian community. A professional code intensifies the ethical concerns
of common morality, a necessary intensification because of the specialised
role of professional ministry and the privileged knowledge of people in
situations of great risk and vulnerability which are the bread and butter of
pastoral ministry.
2.7
While we have a legal, contractual minimum responsibility or floor, we also
have a Gospel, pastoral and covenantal maximum responsibility or ceiling.
Just as the Gospel or supernatural virtues of faith, hope and love leavened
the classical virtues of self-control, justice, courage and prudence, so today
they should leaven the standards of contemporary professional codes. This
leavening or seasoning effect is seen not only in the Pastoral Epistles’ lists of
virtues and vices but also in the Anglican Ordinal. A regular reading of both
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would be salutary along with this code. A code is a useful base, but not a
summit. Behind the code lies the image of the profession (not in mere selfprotective fashion), the character of the professionals, and above all, of the
one they profess.
Codes, Character and Images of Ministry
2.8
As well as codes we also need modes, ways of life, forms of character or
virtue to which we aspire by God’s grace. Our calling is to such Christ-like
character or virtue as displayed in the Pastorals and Ordinal. It is a calling to
‘A Community of Character’ (Hauerwas), not a subjective set of idiosyncratic
personal values or optional extras. According to the Prayer Book for Australia
Ordinal, reflecting the Pastorals, priests are to ‘proclaim the gospel of Jesus
Christ ... seek the lost, announce God’s justice, warn and correct those in
error.’ Practices of preaching, prayer, forgiveness and administration of
sacraments are crucial to such Christ-centred ministry. We are accountable
to Christ and the body of Christ to engage in these practices ethically, not
exploitatively, not like the shepherds of Israel (Ezekiel 34) but like the Good
Shepherd who lays down his life for his sheep (John 10). The stakes are
high. Not only the salvation of the people entrusted to us, but our own
salvation.
2.9
As shown above, images of ministry are derivative of images of God and
Christ. Behind ethical failures in ministry are often false images of ministry,
God and Christ. It is easy to fall for a false form of consumerism or
managerialism, the pastor as CEO and the parishioner as consumer. Here
‘the customer is always right,’ as is whatever ‘gets bums on pews’. The
isolation of an image from Christ or magnification of one image at the
expense of others easily leads to a distortion of ministry. To be servants of
Christ and his people is not to be a servant of consumers, who can never be
corrected. Such a thing would be absurd for a lawyer or a doctor, let alone a
minister of the Gospel. We are ‘servants of Christ and stewards of God’s
mysteries’ first and fundamentally. Stewards are to be trustworthy for the
mysteries they steward. The ministry is not ours, but Christ’s. And our
ultimate accountability is to him when he returns in glory to judge (1
Corinthians 4:1-5). But we have a relative and still serious accountability to
God’s people, those in charge of us, and to the State and world.
2.10
To be a servant is not to be a slave to a congregation’s consumer desires. In
fact, images of servant ministry may need correction by the image of
friendship ministry. Jesus said ‘This is my commandment, that you love one
another as I have loved you. No one has greater love than this, to lay down
one’s life for one’s friends. You are my friends if you do what I command you.
I do not call you servants any longer, because the servant does not know
what the master is doing; but I have called you friends because I have made
known to you everything that I have heard from my Father’ (John 15:12-15).
While we are called to be competent professionals as clergy or church
workers, we are called to be above all friends of Jesus, disciples. We are to
learn to love our people and pastor them from his costly example in laying
down his life.
2.11
All of us can identify with the apostle Peter, who after denying Jesus three
times is offered the chance by the resurrected Lord to profess his allegiance
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three times, culminating in the words, ‘do you love me? ... Feed my sheep’
(John 21:17). In this Code we are called to a demanding professional
competence and accountability. But we are also reminded of the room
provided for repentance by Jesus’ forgiveness of our frailty. And we are finally
reminded of his challenge to be true amateurs, who minister for the love
(amor) of Him and his people.
3.
Practice of Pastoral and Professional Ministry
Preamble
3.1
Pastoral and professional ministry relationships are significantly different from
personal relationships. Church workers have power conferred upon them by
the church body, which is recognised by the community. Therefore special
care must be exercised by church workers in the relationships within which
they minister.
Principles
3.2
The nature of pastoral and professional relationships require church workers
to act always in the best interests of those to whom they minister.
3.3
Trust is of primary importance in the creation and maintenance of an effective
pastoral or professional relationship between a church worker and those to
whom they minister.
3.4
Church workers must maintain physical, sexual, emotional and psychological
boundaries suitable to the pastoral or professional relationship.
3.5
Effective pastoral or professional ministry by a church worker requires a
healthy lifestyle and balance between recreation and ministry, a clear
understanding of expectations, responsibilities and legitimate personal needs,
ongoing professional development and the recognition of the limits of time,
competence, skill and responsibilities.
3.6
Where confidential information is received by a church worker, while
confidentiality is paramount, some disclosure may be allowed or required in
particular situations.
Rules
3.7
Church workers must not knowingly make statements that are false,
misleading or deceptive.
3.8
Church workers must not divulge confidential information without the consent
of the person providing the information except as required or allowed by law.
3.9
Church workers must not engage in harassment.
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Guidelines
A.
3.10
Boundaries
Confusion between close personal friendships or family relationships and
pastoral or professional relationships can lead to situations where a church
worker’s objectivity or effectiveness can be impaired leading to the failure to
act in the other’s best interest and leaving both parties vulnerable to harm.
Church workers should exercise particular care when ministering to persons
with whom they have a close personal friendship or family relationship.
3.11 Church workers should be aware of the dangers of dependency in pastoral
and professional relationships and seek supervision or advice when these
concerns arise.
B.
3.12
Church workers should recognise their limits and not undertake any ministry
that is beyond their competence or role. A person who requires specialised
help beyond the church worker’s competence or role (e.g. therapeutic
counselling, exorcism and counselling victims of abuse, domestic violence or
their perpetrators, or legal advice) should be referred to another person or
agency with appropriate expertise.
C.
3.13
Referral
Impartiality
Church workers should avoid behaviour that could give the impression of
inappropriate favouritism or the encouragement of inappropriate special
relationships, particularly with individual children or young persons.
D.
Confidentiality
1.
Confessions
3.14
The General Synod Confessions Canon 1989 is in force throughout the
Church, except in the Dioceses of Ballarat and Sydney where the proviso to
Canon 113 of 1603 is in force. These Canons make provision for confessions
to clergy and their confidentiality. Clergy should be aware of the scope of,
and their obligations under, the applicable Canon.
3.15
Clergy should recognise the distinction between disclosures made in the
context of a formal confession for the quieting of conscience and which are
intended to lead to absolution, and disclosures made in other pastoral
situations. To avoid confusion confessions should normally be heard at
advertised times or by arrangement.
3.16
Clergy may require of the person making the confession some appropriate
action of contrition and reparation before absolution is given. Absolution may
be withheld. In the case of the confession of a serious criminal offence clergy
should urge the person to report it to the police or other applicable civil
authorities and consider withholding absolution until this evidence of
repentance has been demonstrated.
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2.
Disclosure
3.17
Church workers may have a legal obligation to report criminal conduct or child
abuse to the applicable civil authorities. Church workers may be subpoenaed
to attend court to give evidence and/or produce documents. In some States
or Territories, a member of the clergy may be able to claim privilege from
producing documents and/or disclosing information obtained in the context of
a formal confession when giving evidence.
3.18
Outside of confessions, church workers are bound to maintain confidentiality
Church workers must not share confidential information with their spouse,
family, friends or any other person. Exceptions occur when:
 the information is public;
 consent is given by the person providing the information;
 disclosure is required or authorised by law;
 disclosure is in the public interest e.g. to avoid risk of serious injury or
harm to any person; or
 seeking supervision or advice where the church worker should not identify
any person and only disclose what is necessary to obtain the advice or
supervision.
3.19
Generally church workers should inform the person providing confidential
information of the limits to confidentiality and the church worker’s
arrangements for supervision or obtaining advice.
3.20
Church workers should be aware of and when appropriate take advice in
regard to:
 their legal obligations with regard to information disclosed during an
interview or confession, particularly in relation to criminal conduct and child
abuse;
 the pastoral consequences of breaching confidentiality; and
 the risk of physical, financial or emotional harm or hardship to another
person by disclosing or not disclosing information obtained, particularly in
writings, sermons or other public media.
3.21
Church workers should take great care that any illustrative material from
personal experience does not involve any breach of confidentiality.
E.
3.22
Conversations in a Ministry Context
Church workers should be mindful that both formal interviews and informal
conversations in a ministry context are pastoral or professional encounters.
To protect confidentiality and to minimise the risk of engaging in, or being
accused of misconduct, church workers should exercise care when
conducting a formal interview and consider:
 the place of the meeting, the arrangement of furniture and lighting, and
their dress;
 whether the physical location allows for privacy of conversation while
maintaining the opportunity for supervision. e.g. doors to interview rooms if
closed should not be locked;
 the distance between the church worker and person interviewed to
maintain hospitality while observing professional boundaries;
 whether the circumstances would suggest a social interaction;
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





F.
3.23
the propriety and circumstances of the interview when visiting or being
visited alone, especially at night;
the personal safety and comfort of all participants;
establishing at the outset the interview’s purpose and boundaries with
respect to subject matter, confidentiality and duration;
what record, if any, will be kept, e.g. date, time, place, participants,
subject, proposed actions;
the appropriateness of initiating or receiving any physical contact, e.g.
gestures of comfort, as such contact may be unwanted or misinterpreted;
and
whether the presence of a child’s or young person’s parent, guardian or
another person chosen by the child or young person is appropriate when
they are interviewed.
Record Keeping and Privacy
Church workers should be aware of and comply with the Privacy Act. Where
compliance may not be required, church workers should as far as practicable
comply with the privacy principles in the Privacy Act in relation to the
collection, use, disclosure and management of personal information about
persons. Particular care should be taken in relation to:
 the publication of personal information in church directories, newsletters,
rosters and websites;
 the recording and publication of voices and images of individuals;
 the use and security of all personal information, and especially sensitive
information, held by church workers or in church offices.
G.
Expectations, Responsibilities and Legitimate Personal Needs
3.24
Church workers and those responsible for them should ensure that there are
clear understandings of hours to be worked, roles and responsibilities, leave
and other entitlements so that their legitimate personal needs can generally
be met.
3.25
Those responsible for church workers should ensure that they have a safe
working environment and safe housing, if provided.
H.
Professional Development and Support
3.26
Church workers should undertake, and be provided with the opportunity for,
regular professional development to maintain and enhance their ministry skills
and meet other legitimate professional needs.
3.27
Wherever possible, church workers should actively seek, and be provided
with, opportunities for supervision, mentoring and appraisal.
I.
3.28
Maintaining a Healthy Lifestyle
Church workers should maintain
adequate time for leisure, through
entitlement, developing interests
maintaining a commitment to the
their personal relationships.
a healthy lifestyle. This should include
taking regular time off and their full holiday
outside their main area of ministry, and
care and development of themselves and
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3.29
Those responsible for church workers should encourage and enable them to
maintain a healthy lifestyle as set out in 3.28 above.
3.30
Where possible, church workers should make alternative arrangements for
pastoral ministry when they are on leave.
J.
Harassment
3. 31 Harassment arises from the misuse of power. So power needs to be
exercised to sustain and upbuild and never to bully, manipulate or denigrate.
Church workers are responsible to ensure that their words and actions are not
unwelcome. Where the other person indicates by their words or actions that
the conduct is unwelcome the church worker must stop.
4.
Ministry to Children and Young Persons
Preamble
4.1
Ministry to children and young persons requires particular care and attention
because of their trusting character and vulnerability to coercion and
suggestion.
Principles
4.2
Children and young persons are trusting and vulnerable. The Church has a
responsibility to ensure that it takes reasonable steps to ensure that all
children and young persons to whom ministry is provided are safe and free
from the risk of abuse.
4.3
Any form of abuse, whether by an adult, child or young person, towards
another child or young person is always wrong. Such conduct by a church
worker will generally constitute a criminal offence and be subject to severe
criminal penalties and Church discipline.
4.4
Due to the inherent imbalance of power, children and young persons are
incapable of consenting to abuse.
Rules
4.5
A church worker must not engage in the abuse of a child or young person.
4.6
A church worker responsible for engaging other church workers must comply
with all civil and Church appointment and screening requirements.
4.7
A church worker must take reasonable steps to ensure the safety of children
or young persons for whom they are responsible or to whom they provide
ministry, and comply with all applicable requirements of the civil authorities
and the church body.
4.8
A church worker must not administer corporal punishment to a child or young
person except when acting in the capacity of a parent or guardian.
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4.9
A church worker must not make available to a child or young person any
prohibited substance.
4.10
A church worker must not make available to a child or young person any
alcoholic drink, except in the context of a service of Holy Communion or with
the consent of a parent or guardian.
Guidelines
A.
Characteristics, Effects and Recognition of Abuse
4.11
Abuse of a child or young person may be sexual, physical, emotional, or arise
from neglect or harassment.
4.12
The abuse of a child or young person commonly causes psychological harm
and is likely to lead to the impairment of their social, emotional, cognitive, and
intellectual development and/or disturbance of behaviour.
4.13
The effects of child abuse extend well beyond the abuser and their primary
victims. The families of the victim and abusers as well as their church
communities can also experience a high degree of distress when revelations
of abuse emerge. Often they can deny the disclosure and so reject the victim
rather than face reality. Once the reality is confronted, the community will
commonly experience profound shock, guilt about failing to protect the
primary victim, deep hurt and disillusionment.
4.14
Church workers should be aware of the signs and symptoms that should alert
them to the possibility of the abuse of a child or young person:
 signs of physical abuse include bruises, bites, burns and scalds, fractures;
 signs of sexual abuse include a level of sexual knowledge inappropriate to
the child’s age, self-harm, social isolation, and a sudden onset of soiling or
wetting;
 signs of emotional abuse include low self esteem, apathy, an over
readiness to relate to anyone even strangers, and unduly aggressive
behaviour;
 signs of neglect include failure of a child or young person to grow within
the normally accepted pattern, failure of a parent or guardian to provide
adequate food, clothing, shelter, medical care and supervision;
 signs of harassment include low self-esteem, apathy, an over readiness to
relate to anyone even strangers, and unduly aggressive behaviour.
4.15
The sexual abuse of a child or young person commonly has the following
characteristics:
 it is secretive and generally known only to the abuser and victim making it
extremely difficult to detect;
 it is perpetrated by someone known to the child or young person and/or
held in a position of trust by the child or young person or their parents or
guardians;
 it is rarely a self-contained or one-off incident but rather part of an ongoing
relationship that is corrupting and distorting; and
 it usually starts with something minor and gradually builds up to more
involved behaviours through a process of grooming.
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4.16
Church workers should be aware that sexual offenders generally:
 do not stop unless there is some intervening factor;
 believe falsely that the victim is complicit or a willing participant;
 attempt to deny, justify, minimise or excuse their behaviour by:
 claiming their behaviour was an expression of love for the child or
young person;
 claiming their behaviour was a result of their childhood abuse;
 claiming their behaviour was influenced by stress, the use of alcohol or
other substances; and
 blaming the victim;
 enjoy the activity, despite claims to the contrary; and
 are recidivists.
B.
4.17
14
Ensuring the Safety of Children and Young Persons
Taking reasonable steps by church workers to ensure the safety of children or
young persons for whom they are responsible or to whom they provide
ministry involves consideration of:
 training and maturity of the church workers;
 the use of external service providers;
 supervision;
 the planning of activities;
 the venue;
 transport;
 disciplinary arrangements;
 physical contact; and
 record keeping.
I.
Training and Suitability of Church Workers
4.18
The church body needs to approve the appointment of any church worker
involved in a children’s or young person’s programme before any activity
takes place having complied with all civil and Church appointment and
screening requirements. All church workers who work with children and
young persons should be trained in child protection.
4.19
While children and young persons should be encouraged to develop
leadership skills and undertake leadership roles they cannot be designated as
the church worker with overall responsibility for the safety and welfare of
children and young persons.
4.20
While church workers should create relationships in which sensitivity and
trust enable children and young persons to view them as people in whom they
can confide, they need to be aware of the risk of fostering inappropriate overdependence on the part of, or special relationships with, an individual child or
young person.
4.21
Church workers need to recognise the limits of their experience, qualifications,
skills and professional competence and, when activities or events go beyond
them, to seek the advice of more experienced senior church workers. For
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15
example, specialist expertise is needed where extended counselling is
required, such as in cases of sexual abuse.
II.
Use of External Service Providers
4.22 Church workers who are leaders cannot transfer their duty of care to any
external service provider. Consequently, when people from outside the
leadership team are involved in activities, church workers should:
 ensure that all those involved with the activity are appointed and screened
in accordance with civil and Church requirements;
 ensure that external service providers are only used in a supplemental
capacity and not left with the ultimate responsibility for the health and
welfare of children or young persons; and
 never leave external service providers alone with any child or young
person.
III.
Supervision
4.23 The degree of supervision required may vary according to the nature and
environment of the activity, the age and maturity of the children or young
persons and the size of the group. Having multiple leaders to ensure that
supervision and accountability standards are maintained is vitally important. It
is advisable that:
 the different levels of responsibility between church workers and children
or young persons working in a leadership capacity be clearly distinguished
and understood;
 young children should be supervised at all times;
 a minimum ratio of one leader to ten children for activities on the church
premises be observed. This ratio should be reduced whenever any
adventure activity is undertaken such as camping, canoeing and
bushwalking. The ratio should vary according to the age of the children
with very young children needing comparatively more supervision;
 the minimum number of church workers for any activity is two;
 at least one church worker be of the same gender as those in the group;
 consideration be given to having group elders/parents available for large or
overnight events. Preferably, they should be over the age of 25 years.
They should be appointed and screened in accordance with civil and
Church requirements;
 rosters be used to ensure the availability of sufficient church workers so
that appropriate levels of supervision are provided at all times;
 a register of all children and young persons be kept in a readily accessible
place with details of home address, phone and parents’ or guardians’
names;
 child protection measures be applied equally to both boys and girls; and
 agreed child protection procedures be monitored and reviewed
periodically.
4.24 When visiting children or young persons, church workers should:
 visit in pairs or ensure that a parent, guardian or adult is present;
 inform another church worker or adult of the time, location and duration of
the visit; and
 not invite or have a child to their home when no one else is present.
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16
IV.
Activities
4.25
Church workers should take reasonable steps to identify and minimise all
potential hazards before embarking on any activity with children or young
persons by:
 being equipped with the necessary first aid qualifications and resources;
 being aware of the fire procedure;
 ensuring that emergency exits are clearly marked and never locked shut;
 not permitting smoking in any church premises where the activity is held;
and
 not permitting children or young persons with infectious diseases to attend
the activity.
4.26
Games or activities that may exploit gender, physical or intellectual
differences should be assessed for their appropriateness. Consideration
needs to be given to the message children may learn from the way events are
organised and conducted.
4.27
Church workers should review in their entirety visual materials, such as
videos, films, computer graphics, photographs, to ensure that elements such
as violence, sexual activity and lifestyle, do not negate the Gospel or the
Christian values taught. If in doubt, church workers should consult with a
senior church worker and/or the parents or guardians of the children and
young persons involved.
4.28
Activities or games that require children or young persons to act alone or in
pairs, independent of leaders, should be given very careful consideration to
minimise any possibility of children or young persons coming into contact with
strangers.
4.29
Any activity organised by a church worker for children or young persons
should not include:
 private initiation rites and ceremonies;
 nudity or engagement in sexual conduct;
 the use or availability of prohibited substances; or
 the availability of alcohol to children or young persons, except in the
context of a service of Holy Communion.
4.30
If alcohol is brought to any activity for children or young persons, the church
worker should:
 inform the person that alcohol is not to be made available to children or
young persons;
 make suitable arrangements for the secure storage of the alcohol for the
duration of the activity; and
 ensure that it is not available to children or young persons.
4.31
When taking children or young persons away from church premises, church
workers should keep parents and guardians informed as to the place and
timing of the event, and obtain written consent.
V.
Venue
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4.32 Church workers need to avoid situations where they could become physically
isolated and should avoid working alone or in isolation with children or young
persons. They should ensure that:
 all activities have defined boundaries that are easily observed or patrolled;
 all aspects of children’s and young persons’ programmes are open to
observation by parents, guardians and other interested adults;
 children and young persons should not be able to leave church premises
unsupervised; and
 where individual or small group ministry is needed, it occurs either in the
presence of adults, a public place or a location with high visibility.
4.33
When events require participants to sleep over, sleeping accommodation
should be strictly segregated between males and females and between
church workers and children or young persons. A person of the same gender
as the children or young persons should supervise the accommodation but
they should not sleep in close proximity to them, unless the church worker is a
parent or guardian of the child or young person.
4.34
Venues should allow for the privacy of all parties to be respected particularly
when activities or events require undressing, dressing or changing clothes.
Church workers, children and young persons are expected to respect the
privacy of others. A child’s and young person’s privacy should always be
respected when they are washing or toileting and another adult should be
present when a church worker needs to wash or toilet a child or young person.
VI.
Transport
4.35
Particular attention should be paid to the maturity and experience of motor
vehicle drivers, especially when making transport arrangements.
4.36
Church workers should not consume any alcohol or any other substance that
may impair their driving when engaged in a transport capacity. They should
make reasonable efforts to ensure that all drivers are not affected alcohol or
any other such substance.
4.37
Whenever possible church workers should not be alone with a child or young
person in a car or drive them home unaccompanied. If such a situation is
unavoidable then another adult should know of the trip and the reason for it.
The child or young person should travel in the back seat.
4.38 Church workers should ensure that all vehicles used in the course of work and
ministry are registered and roadworthy.
VII.
4.39
Discipline
Church workers should not administer any form of corporal punishment under
any circumstances, even in fun. In the event that a child’s or young person’s
behaviour requires correction, either for the safety and well-being of
themselves or the group, it is important that discipline be appropriate to the
occasion and effective, whilst not being abusive in itself. The only form of
physical restraint necessary is to protect children or young persons from harm
such as to stop a fight or bullying or to avoid an accident.
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4.40
18
In devising a disciplinary strategy, church workers need to ensure that
children or young persons are not put at physical or emotional risk by
disciplinary action at any time. Disciplinary strategies should take into
account age and developmental factors and be made available in writing to
parents and guardians of group members, if requested. Such strategies need
to recognise that:
 physical punishment or force is inappropriate;
 physical force or restraint should only be used when it is believed to be the
only means to prevent a child or young person causing injury to
themselves or another person. When used it should be of a level sufficient
to restrain without causing injury;
 if isolation of the child or young person from the group is used, the child or
young person needs to be within a safe area within easy supervision of at
least one group leader; and
 the child or young person should first receive a warning, where the
immediate safety of the child or young person or other group members
permits. This warning should outline the nature of the disciplinary action
that will follow if the behaviour continues. At no time should disciplinary
action be carried out without the child or young person being given an
explanation concerning the reason for the action.
VIII.
Physical Contact
4.41
Children or young persons are entitled to determine the degree of physical
contact they have with others, except in exceptional circumstances like a
medical emergency. As a general rule, church workers should take care to
respect the child’s or young person’s feelings and privacy in having physical
contact with others.
4.42
Open displays of affection initiated by children or young persons in the
presence of others are generally acceptable. There will be occasions where
displays of affection are natural and children or young persons should not be
shunned if they initiate and demonstrate their need for comfort. However,
such situations should not occur in private.
4.43
Any physical activity that is or may be construed as sexually stimulating for
the church worker, child or young person is inappropriate and should be
avoided. Children may or may not be aware of creating such situations and it
is the responsibility of the church worker to be alert to such circumstances
and to desist from the activity immediately.
IX.
Record Keeping
4.44
Church workers should keep a record of children, young persons and church
workers involved in every children’s or young person’s ministry.
5.
Collegiality
Preamble
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5.1
Church workers are colleagues within the context of a community of ministry.
Each and every church worker’s activity impacts upon the work of other
church workers, for good or ill.
Principles
5.2
The Church is a body where each and every member is of equal value.
5.3
Tolerance, respect for difference and cooperation can aid in the building up of
the body and the extension of Christ’s reign. Likewise, the potential for
division and rancour exists where a church worker without good reason
undertakes ministry without adequate regard to, or undermines, the ministry of
others. This can undermine the Church’s capacity to proclaim the Gospel.
5.4
Collegiality requires church workers to balance the tension between the need
for mutual support and the need for accountability.
Rules
5.5
Where a church worker knows or reasonably suspects that another church
worker has abused a child or young person, they must report the conduct to
the appropriate civil authorities and the Director of Professional Standards or
equivalent.
5.6
A church worker must not penalise, discriminate against or take action against
another church worker because of any action taken in following this Code.
Guidelines
A.
5.7
Church workers should be aware of the ministry activity, function and style of
the other church workers. Where the ministry responsibility of one church
worker overlaps with another, consultation and where possible cooperation
should occur.
B.
5.8
Termination of Ministry
Church workers upon resignation or retirement should generally sever existing
pastoral or professional relationships in a sensitive and timely manner to allow
these responsibilities to be undertaken by their successors. Friendships may
continue so long as severance of the pastoral or professional relationship is
recognised. Where a church worker seeks or is requested to continue an
existing pastoral or professional relationship they should only do so with the
consent of their successors or the person with overall pastoral oversight for
the church or church body. 
C.
5.9
Overlapping Ministries
Accountability and Support
Church workers should:
 regularly seek advice from, or debrief with, a senior colleague or
supervisor about their ministry. This may include developing a relationship
with another church worker or professional person who can assist them to
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20
understand and maintain the boundaries of the pastoral or professional
relationship and to reflect on the quality of their ministry; and
regularly seek opportunities for feedback and appraisal of their ministry so
as to develop their professional competence and improve the quality of
their ministry.
5.10
Where a church worker has reason to believe that another church worker is
acting unprofessionally, unethically or not in accordance with this Code:
 in cases of child abuse and alleged or suspected child abuse they must
comply with any requirement of mandatory reporting to the appropriate civil
authorities and should report the conduct to the Director of Professional
Standards or equivalent;
 in cases of the commission of certain serious criminal offences other than
child abuse they may have an obligation to report the conduct to the
appropriate civil authorities and should report the conduct to the Director of
Professional Standards or equivalent;
 in cases of alleged or suspected criminal offence other than child abuse or
where persons are at risk of harm, report the conduct to the Director of
Professional Standards or equivalent;
 in all other cases, initially approach the other church worker to encourage
them to amend their conduct and conform to proper professional or ethical
standards or this Code. Where this is unsuccessful, such conduct should
be reported to the church worker’s immediate superior or the person with
overall pastoral oversight for the church or church body.
6.
Connection between Personal Behaviour and Pastoral
and Professional Ministry
Preamble
6.1
The personal behaviour of a church worker will have a significant effect on
their ministry. A church worker provides a role model to others within the
Church and the community.
Principles
6.2
Every person bears God’s image and has worth, dignity and significance.
6.3
The personal behaviour of church workers should be intentional and
consistent with the Church’s beliefs, teachings and ordinances.
Rules
6.4
Church workers must not knowingly use offensive language in any ministry
activity.
6.5
A church worker must not be involved in any ministry activity when impaired
by alcohol or other mind-altering substance.
6.6
A church worker must not use any prohibited substance.
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6.7
A church worker must not abuse their spouse or children or other members of
their family.
6.8
A church worker must not repeatedly fail to meet legally determined family
support obligations.
Guidelines
A.
6.9
Church workers should be sensitive to the effect of their language on others.
They should be careful in their use of language in every ministry context to
avoid misunderstanding or causing unnecessary offence. Language that
belittles, humiliates or causes embarrassment should not be used. Care
needs to be taken when using:
 any swear word;
 language which has sexual connotations; and
 racial, religious or other group descriptions.
B.
6.10
Use of alcohol and other mind altering or addictive substances
and products
Church workers should responsibly use alcohol and other legal mind altering
or addictive substances and products that may impair their well being. They
should monitor their consumption or use to ensure the well being of
themselves and others and to ensure that their public reputation is not
compromised. Church workers should seek professional help if the use of
these products is adversely affecting their ministry, personal well being or
relationships.
C.
6.11
Offensive Language
Dress
Church workers should be sensitive to the effect of their dress on others.
They should dress modestly and appropriately to the context.
D.
Family Relationships
6.12
A church worker’s family relationships can have a significant impact on the
effectiveness of their ministry. Church workers should ensure that there is
consistency between their behaviour in public and in family relationships and
the standards of this Code. Church workers should be alert to the danger of,
and take steps to prevent, their spouse or children or other members of their
family becoming victims of their stress.
6.13
Church workers should be responsible in meeting their family support
obligations.
7.
Sexual Conduct
Preamble
DRAFT
7.1
22
Those providing pastoral ministry need to be aware that sexuality is a God
given integral part of human personality and that all human relationships have
a sexual dimension. The relationship between the church worker and those in
their care must be shaped by this awareness and the highest standards of
Christian behaviour.
Principles
7.2
Church workers are never to take advantage of their vocation or position to
gain sexual favours. They are to exercise care in protecting and respecting all
with whom they have pastoral or professional relationship, collegial
relationship or personal contact.
7.3
Church workers are to be aware that their sexual conduct, flowing from their
attitudes, has a significant impact on the Church and the wider community.
They are to demonstrate this awareness by their behaviour. They are
therefore to be pro-active in caring for:
 their own integrity and well-being;
 the integrity and well-being of those with whom they have a pastoral or
professional relationship, collegial relationship or personal contact; and
 the good standing of the Church.
7.4
Church workers are public figures whose lives are constantly on display and
viewed with considerable scrutiny. A high degree of congruence is expected
and required between the profession of the Gospel’s call to holiness and
purity and the church workers’ sexual conduct and attitudes. Church workers
are to avoid sexual conduct that is incongruent with their public vows and
Christian ethics.
Rules
7.5
Church workers must not engage in:
 sexual assault of an adult;
 sexual harassment of an adult;
 sexual abuse of children or young persons;
 sexual exploitation; and
 commercialised sex.
Guidelines
A.
7.6
Sexual Abuse of an Adult
Sexual abuse of an adult refers to sexual assault, sexual exploitation and
sexual harassment. Different types of sexual abuse cannot be ordered in
terms of any being ‘worse’ or having greater impact than others for they are all
violations of trust, privacy, and safety. Sexual abuse can occur in the
following situations:
 between church workers in a collegial relationship;
 between a church worker and a person with whom they have a pastoral or
professional relationship; and
 between a church worker and a member of the public.
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7.7
Sexual abuse commonly has the following elements, where
 the abuser:
 asserts and exercises their power and dominance with little or no
regard for the welfare of the recipient;
 uses force, coercion, threats, deceit or seduction to meet their desires;
and
 denies or minimises the inappropriateness or harmfulness of their
conduct;
 the abused:
 feels debased and dehumanised;
 experiences a loss of control and violation of their own body, mind and
soul; and
 is left with a legacy of harmful emotional, physical, social and spiritual
damage.
7.8
Sexual abuse may be perpetrated by an individual or group towards a person
of the same or different gender.
7.9
When church workers make physical contact or intend to speak about a
sexual matter with another person they should:
 be aware and take responsibility for their own actions;
 notice and respond to the verbal and non-verbal cues of the other;
 respect the specific wishes of the other; and
 refrain from such conduct if in doubt.
7.10 Church workers should avoid situations where they are vulnerable to
temptation or where their conduct is liable to being misconstrued as sexual
abuse.
B.
Sexual Exploitation
7.11
Because of the inherent conflict between acting in the best interest of another
and pursuing one’s own needs, consensual sexual conduct within a pastoral
or professional relationship is wrong.
7.12
Recognising that pastoral and professional relationships can legitimately
develop into personal relationships, church workers should exercise care
when this begins to occur. As soon as a church worker becomes aware that
personal interests and pastoral or professional roles are becoming confused,
they should:
 acknowledge in conversation with the other person that the relationship is
changing and becoming personal, that the pastoral or professional
relationship is to be terminated and alternative arrangements made;
 disclose the nature of the personal relationship and the proposed
alternative pastoral care provisions to a supervisor or appropriate third
party to ensure accountability and prevent misunderstanding;
 make alternative arrangements for the ongoing pastoral care of the other
person as soon as practicable; and
 terminate the pastoral or professional relationship.
C.
Commercialized Sex
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24
7.13
Engaging in commercialised sex by visiting prostitutes or frequenting places
associated with commercialised sex, such as strip clubs, adult sex shops or
viewing sexually explicit material is always an inappropriate expression of
sexual desire. Knowledge that a church worker has engaged in such conduct
will cause irreparable damage to the reputation of the church worker and
significantly impair their ministry.
7.14
Church workers should exercise discretion when visiting people/places
associated with commercialised sex and when viewing or using sexually
explicit material. They should:
 consider the legitimate purpose in viewing or using such material;
 consider whether such conduct would damage their reputation and impair
their ministry; and
 disclose the purpose and circumstances concerning their conduct to a
superior or colleague to avoid any misunderstanding.
7.15
Ministry by church workers to persons involved in the sex industry is
appropriate. However, safeguards should be employed to ensure that neither
the church worker nor their ministry is compromised. Any involvement in such
ministry requires a high level of accountability and collegial support.
8.
Financial Integrity
Preamble
8.1
The highest standard of financial integrity by church workers and church
bodies is needed to ensure public trust and confidence thereby enhancing the
Gospel’s communication and the Church’s standing in the general community.
Principles
8.2
Church workers are not to use their position or a pastoral or professional
relationship for personal advantage or financial gain.
8.3
Church workers are to ensure that all their financial activities, whether
personal or church related, meet the highest ethical standards avoiding at all
times the possibility of suspicion or impropriety.
8.4
Church workers with responsibility for financial management are to ensure
that all stipends and allowances payable to church workers are adequate, and
paid promptly and in full.
8.5
Church workers with responsibilities for financial management are to ensure
that proper systems for financial integrity and accountability are in place.
Rules
8.6
Church workers must not seek personal advantage or financial gain for
themselves or their families from their position or a pastoral or professional
relationship beyond stipends and recognised entitlements.
DRAFT
25
8.7
Church workers must not allow themselves to be influenced by offers of
money or financial reward.
8.8
Church workers must be scrupulously honest and publicly accountable for all
church monies handled by them.
8.9
Church workers must not intentionally fail to pay their just debts.
8.10
Church workers must avoid situations of conflict between their personal
financial interest and their responsibilities as church worker.
Guidelines
A.
8.11
Church workers should maintain clear boundaries between their personal and
church finances.
B.
8.12
Personal Gifts
Where church workers are offered or receive a gift, whether monetary or
otherwise, within a pastoral or professional relationship they should:
 establish for whom the gift is intended and exercise discretion as to
whether the gift should be personally accepted or not;
 take into account:
 the intentions and circumstances of the giver;
 the risk of their integrity being compromised; and
 whether the gift would cause scandal and embarrassment if known
publicly;
 disclose the receipt or offer of the gift to a senior colleague; and
 seek advice from a senior colleague if there is any uncertainty as to the
gift’s appropriateness.
C.
8.13
Boundaries
Handling of Church Monies
Church workers responsible for financial management should minimise the
risk of the occurrence or accusation of financial impropriety by:
 ensuring that the appropriate systems for financial management and
accountability are in place and reviewed regularly;
 keeping church money and personal money separate;
 ensuring that church money is kept safely and securely on church
premises;
 avoiding taking church money home;
 ensuring that careful accounting records for church transactions are kept
in the form of receipts, diary entries, tax invoices, accounts and account
statements;
 providing for two persons unrelated by family to handle church money
received;
 never being the sole signatory of a church account;
 not involving paid church workers in the counting and receipt of church
money;
 ensuring that all church money received is banked promptly;
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26
ensuring that accounts are not paid by cash wherever possible; and
ensuring that those with the responsibility for handling money have
suitable training in financial matters.
D.
Personal Financial Obligations
8.14
Church workers should ensure that personal debts, including those to the
diocese and church bodies are paid promptly and in full.
8.15
Church workers should not borrow money from, or lend to, a person with
whom they have a pastoral or professional relationship.
9.
Commission of a Serious Criminal Offence
Preamble
9.1
Church workers as members of the community are subject to the criminal law
and except in limited circumstances the conviction of a serious criminal
offence will have a significant detrimental effect on their ministry.
Principles
9.2
Church workers are to be good citizens and are to obey the laws of the
community except where those laws conflict with their convictions as a
Christian.
Rules
9.3
A church worker must not commit a serious criminal offence except where the
violation was to protest against a perceived unjust law or as an expression of
civil disobedience.
Guidelines
9.4
When engaged in civil disobedience a church worker should not act in a
violent manner.
10. Dictionary
Abuse of a child or young person or abuse in relation to a child or young person
means the following conduct:
 sexual abuse;
 physical abuse;
 neglect;
 emotional abuse; or
 harassment.
Child refers to anyone under the age of 16.
Church means the Anglican Church of Australia.
27
DRAFT
Church body includes a bishop, a member of the clergy, a lay person and any body
corporate, organisation or association that exercises pastoral ministry or professional
ministry within, or on behalf of, this Church or the Church in a diocese.
Church worker means a person who exercises the authority of the Church
including:
 all members of the clergy who hold a licence are or resident in any diocese;
 any person holding an office in any diocese;
 a member of any Synod or any national body of the Church;
 a churchwarden or member of any parish board, council or committee constituted
by ordinance or resolution of the Synod of any diocese or of a parish council;
 a person employed by this Church or a diocesan agency;
 a member of a body incorporated by any diocese;
 a person in a position of trust in a diocesan agency or parish who is engaged in
the worship, care and education of parishioners in any capacity; and
 any other position of leadership in any diocese.
Church worker means:
 any member of the clergy;
 any lay person who is employed by a Church body, or is appointed, authorised or
licensed by a Church body to a voluntary position, in which the person works with
children or young persons, or in which the person is engaged in any other form of
pastoral care.
Commercialized sex includes:
 prostitution;
 visiting places associated with commercialised sex, such as strip clubs and adult
sex shops without a legitimate purpose;
 viewing sexually explicit material (such as videos/film, magazines or internet sites
that could be classified as X-rated/Non Violent Erotica or Not Suitable for Rating)
without a legitimate purpose; and
 any form of child pornography (such as creating, obtaining, possessing, using or
distributing sexually explicit or suggestive material involving children or young
persons).
Consent is understood as non-coercive. Consent has not been given if an individual
agrees under threat, or if consent is obtained by fraud or through the influence of a
person in authority over that person. Consent cannot be given for sexual activity
 within a pastoral or professional relationship; or
 by a child or young person.
Emotional abuse of a child or young person is a chronic attack on a child or
young person’s self-esteem. It includes:
 name calling;
 threats;
 ridicule;
 intimidation;
 isolation;
 bullying; and
 ill treatment in the form of coldness, hostility or rejection.
Harassment means unwelcome conduct, whether intended or not, in relation to
another person where the person reasonably feels in all circumstances offended,
DRAFT
28
belittled or threatened. Such behaviour may consist of a single incident or several
incidents over a period of time. It includes:
 offensive physical contact, derogatory language or intimidating language;
 insulting or threatening gestures or language (overt or implied) or continual and
unwarranted shouting;
 unjustified and unnecessary comments about a person’s capacities or attributes;
 openly displayed pictures, posters, graffiti or written materials which are
offensive;
 phone calls or messages on electronic mail or computer networks which are
threatening, abusive or offensive;
 persistent following or stalking; and
 bullying.
Neglect of a child or young person is the failure to provide the basic necessities of
life, to the extent that the child’s or young person’s health and development are
placed at risk. It includes being deprived of:
 food;
 clothing;
 shelter;
 hygiene;
 intellectual stimulation;
 supervision and safety;
 attachment to and affection from adults; and
 medical care.
Offensive language includes blasphemy, verbal harassment, racial and other forms
of vilification, personal insult or comment and obscene words.
Pastoral relationship is a relationship entered into in the name of a church body
between a church worker and any person to whom the church worker ministers.
Physical abuse of a child or young person occurs when a person purposely
injures or threatens to injure a child or young person. This may take the form of
slapping, punching, shaking, kicking, burning, shoving or grabbing. The injury may
take the form of bruises, cuts, burns or fractures. It does not include lawful discipline
by a parent or guardian.
Professional relationship is a relationship entered into in the name of a church
body between a church worker and any person to whom the church worker provides
professional services.
Serious criminal offence means a criminal offence punishable by imprisonment of
12 months and upwards.
Sexual abuse of a child or young person occurs when a child or young person is
used by another for his or her own sexual stimulation or gratification or for that of
others. It generally constitutes criminal conduct and includes:
 sexual touching and fondling;
 being forced to touch or fondle another person;
 kissing or holding in a sexual manner;
 being forced to perform oral sex;
 vaginal or anal intercourse;
 vaginal or anal penetration with an object or finger;
 making obscene calls or remarks;
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DRAFT
 voyeurism;
 exposure to any form of sexually explicit or suggestive material;
 discussion of, or inquiry about, personal matters of a sexual nature;
 being forced to self-masturbate or watch others masturbate; and
 indecent exposure.
Sexual abuse of a child or young person does not include sexual education with the
prior consent of a parent or guardian.
Sexual assault of an adult is any intentional use of force or threat of use of force
and involving some form of sexual activity against another person without their
consent. It may constitute a criminal offence and includes:
 sexual touching and fondling;
 being forced to touch or fondle another person;
 kissing or holding in a sexual manner;
 being forced to perform oral sex;
 vaginal or anal penetration with an object or finger; and
 vaginal or anal intercourse.
Sexual exploitation is any form of sexual contact or invitation to sexual contact, with
an adult by a church worker whether or not there is consent from the individual and
regardless who initiated the contact or invitation. Sexual exploitation refers to the act
of taking advantage of the vulnerability of an adult, with whom there is a pastoral or
professional relationship.
Sexual harassment of an adult means unwelcome conduct of a sexual nature,
whether intended or not, in relation to another person where the person reasonably
feels in all circumstances offended, belittle or threatened. Such behaviour may
consist of a single incident or several incidents over a period of time. It includes:
 making any remark or statement with sexual connotations to a person or about a
person in his or her presence;
 implicit or explicit demands or suggestions for sexual activities;
 making any gesture, action or comment of a sexual nature in a person’s
presence;
 making jokes, telephone calls, emails or letters containing sexual references or
innuendo;
 exposure to any form of sexually explicit or suggestive material;
 physical contact such as inappropriate patting, pinching or aggressive physical
conduct;
 unwelcome or unnecessary discussion of, or inquiry about, personal matters of a
sexual nature;
 unwelcome and inappropriate intrusion of personal space;
 voyeurism; and
 persistent following or stalking.
Young person refers to anyone aged between 16 and 18.