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Outcomes relating to the accused

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  1. If either a police investigation or a Church process makes it clear that the accused did not commit the alleged wrong, the Church authority shall take whatever steps are necessary to restore the good reputation of the accused.
  2. The process of determining the future ministry of a priest or religious shall be consistent with the requirements of the Code of Canon Law. (5) If a cleric or religious has admitted to or been found guilty of abuse, the Church authority shall, in person or through a nominated representative, meet with the offender to discuss honestly and openly the offender's future options. The offender may be accompanied by a support person and/or legal representative. The discussion shall take into account the seriousness of the offense and all relevant circumstances. It is unfair to hold out to a serious offender any hope of a return to ministry when it is clear that this will not be possible.
  3. If abuse is admitted, or a Church process reaches the conclusion that on the basis of the findings of the assessment there are concerns about the person's suitability to be in a position of pastoral care, the Church authority in consultation with the Director of Professional Standards shall consider what action needs to be taken concerning the future ministry of the person. It may commission such other reports or inquiries as are necessary to determine what action should be taken.
  4. Where the offender is a current employee of the Church other than a priest or religious, the offender's future must be determined in accordance with the applicable procedures of employment law.
  5. In making decisions on the future of a person found guilty of abuse, Church authorities shall take such action as the situation and the seriousness of the offense demand. In relation to child abuse, Church authorities shall be guided by the principle that no one should be permitted to exercise a public ministry if doing so presents an unacceptable risk of abuse to children and young people.
  6. As far as it is within its power to do so, the Church authority shall require the offender to address the issue of restitution to the victim and to the Church community.
  7. The Church authority shall promptly communicate the outcomes in relation to an offender to the Director of Professional Standards.

(5) Canon law provides a number of principles and procedures which may be relevant to determining the future of a priest or religious in cases of alleged abuse. In addition to an administrative or judicial procedure as laid down in canons 1720-1728, there is the procedure for the removal of a parish priest under canons 1740-1747. Reliance may also be placed upon Canons 1041 and 1044 if it is considered that the priest or religious is incapable of fulfilling ministry due to psychological infirmity. In some cases it will be appropriate to commence a formal penal process even where guilt is admitted in order to reach a judgment in accordance with canon law.

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The South Eastern Centre Against Sexual Assault acknowledges the traditional Aboriginal owners of country throughout Victoria. We pay our respects to them, their culture and their Elders past, present and future.