Interesting Developments In Australia

Discussion in 'In The News' started by wallflower, Feb 4, 2013.

  1. 2,257
    397
    83
    wallflower

    wallflower Moderator

    Joined:
    Jan 30, 2013
    Messages:
    2,257
    Likes Received:
    397
    Trophy Points:
    83
    Occupation:
    Variety of roles
    Location:
    Australia (the Big Island)
    https://www.documentcloud.org/documents/2649236-Submissions-on-Behalf-of-Watchtower-Bible-and.html

    (From pages 77 to 79, paragraphs 9.252 to 9.257)

    F48 The current documented process for responding to allegations of child sexual abuse within the Jehovah’s Witness organisation is focussed largely on the rights and comfort of the accused, with little regard to the requirements of a victim of abuse.


    9.252 Evidence was given that when a complaint of sexual abuse was made, the first priority was the protection of children.212 The next step was to notify the Legal Department in order to comply with any reporting requirements.213 The next step involved the Service Department and emphasised the protection of children.214

    9.253 A victim is not required to confront the accused and can give their version of events by letter.215 The victim is entitled to and receives comfort and support at each stage of the process.216

    9.254 The subsequent steps involved investigating the complaint and addressing the complaint.217 Natural justice requires that a person accused of sexual abuse be given the opportunity to respond to a complaint. A person accused of child sexual abuse is permitted to state their version of events in a calm and dispassionate atmosphere.

    9.255 Ample documentary evidence was put before the Commission demonstrating that, when an allegation is made of child abuse, the child must be protected218 and the abuser dealt with even if it means that an abuser goes to jail.219

    9.256 The purpose of dealing with a sinner in accordance with Scriptural requirements is to enable the sinner to understand, and repent of, their wrongdoing and to make amends to God. Of necessity, the process must respond to the sinner just as the various requirements in a criminal trial respond to an alleged offender. It is, for example, well known that an accused person in a criminal trial has the presumption of innocence in their favour and that the prosecution must prove its case beyond a reasonable doubt.

    9.257 This suggested finding is also incorrect because:

    (a) It is based on quoting a sentence out of context from the Elders’ Handbook chapter 7, paragraph 1.220 While not specifically dealing with child sexual abuse cases, that paragraph221 says that elders should “try to put the accused at ease” when meeting with him/her, “Even if the accused is belligerent.”

    (b) To suggest that elders acting in a Christian manner when disciplining a wrongdoer in any way relates to the requirements of a victim of abuse is gratuitous and unhelpful to the process.

    (c) It fails to have regard to the Bible as the primary document used by Jehovah’s Witnesses when responding to allegations of child sexual abuse; and which Counsel Assisting has repeatedly acknowledged is followed closely by Jehovah’s Witnesses.

    (d) It fails to have regard to the documents referred to in response to suggested finding F44 above, which are sensitive to the needs of a victim of abuse.

    (e) It fails to have regard to the extensive material published by Jehovah’s Witnesses and provided to the Commission, which forms part of the documented policy of Jehovah’s Witnesses when responding to allegations of child sexual abuse, and which focuses on how best to meet the needs of a victim of abuse.
     
  2. 2,257
    397
    83
    wallflower

    wallflower Moderator

    Joined:
    Jan 30, 2013
    Messages:
    2,257
    Likes Received:
    397
    Trophy Points:
    83
    Occupation:
    Variety of roles
    Location:
    Australia (the Big Island)
    https://www.documentcloud.org/documents/2649236-Submissions-on-Behalf-of-Watchtower-Bible-and.html

    (From page 79, paragraphs 9.258 to 9.261)

    9.258 Counsel Assisting considers that the following finding is available on the evidence

    F49 The failure of the Jehovah’s Witness organisation to take into account the risk of reoffending when considering whether an offender is repentant, and consequently in deciding whether to merely reprove rather than to disfellowship, or whether to readmit someone who has previously been disfellowshipped, does not adequately take account of considerations of child safety and should be revisited.

    9.259 Jehovah’s Witnesses do take into consideration the likelihood of whether an offender will repeat his sin in considering whether to disfellowship or to subsequently reinstate. Moreover, the request that Jehovah’s Witnesses “revisit” their handling of these matters is nothing less than an impermissible request to subordinate the fundamental right of freedom of religion of Jehovah’s Witnesses, as protected by the Constitution, to secular law and, moreover, is beyond the Terms of Reference of the Commission.

    9.260 If a person is truly repentant, then, by definition, they are asserting that they are unlikely to sin again because they have an understanding of their wrongdoing and do not want to repeat it. An assessment that someone is truly repentant involves an assessment of the risk of re-offending. Thus, and contrary to the suggested finding, “repentance” takes into account the “risk of re-offending”.

    9.261 Further, neither psychiatrists, nor psychologists, have a monopoly on the prediction of human behaviour.222 Indeed, every day of the week, ordinary people predict with some accuracy the behaviour of others and, by and large, our daily experiences demonstrate the accuracy of such predictions.
     
  3. 2,257
    397
    83
    wallflower

    wallflower Moderator

    Joined:
    Jan 30, 2013
    Messages:
    2,257
    Likes Received:
    397
    Trophy Points:
    83
    Occupation:
    Variety of roles
    Location:
    Australia (the Big Island)
    Unless an elder has a professional qualification in psychology/psychiatry, then he is "way out of his league" in trying to determine if a paedophile is likely to re-offend.

    That sort of work should be left up to the professionals.
     
  4. 2,257
    397
    83
    wallflower

    wallflower Moderator

    Joined:
    Jan 30, 2013
    Messages:
    2,257
    Likes Received:
    397
    Trophy Points:
    83
    Occupation:
    Variety of roles
    Location:
    Australia (the Big Island)
    https://www.documentcloud.org/documents/2649236-Submissions-on-Behalf-of-Watchtower-Bible-and.html

    (From pages 81 and 82, paragraphs 9.268 to 9.271)

    9.268 Counsel Assisting considers that the following three findings are available on the evidence:

    F50 Since it is the policy or practice of the Jehovah’s Witness organisation not to report allegations of child sexual abuse to the police (other than if required by law to do so), if a known abuser is found to be repentant and for that reason merely reproved rather than disfellowshipped he remains in the congregation and a risk to children in the congregation

    .

    9.269 Counsel Assisting’s suggested finding is unsupported by facts and conclusory. It should therefore not be made. It is correct to say and the same was acknowledged229 that, in some circumstances, a person who has committed an offence and is reproved may remain in the congregation (subject to restrictions)230 but the same may be, and, often is, true whether the offender is dealt with within a religious community or in the general community (unless imprisoned). The mere presence of an offender within a congregation does not necessarily entail that other children in a congregation or the community are at risk. A lot would depend upon the circumstances of the offender and the offending.

    9.270 Such a broad finding viz. that a reproved person “remains ... a risk to children” is not supported by the evidence given to the Commission and inaccurately represents Jehovah’s Witnesses’ stand on the matter, for the reasons set out below.

    9.271 There is in fact no policy stating that Jehovah’s Witnesses should not report child sexual abuse to the secular authorities, nor is there evidence of a practice not to report allegations of child sexual abuse; each allegation is dealt with on its merits. Jehovah’s Witnesses’ position is that victims and their parents are free to report child sexual abuse. Moreover, congregation elders report allegations when required to do so by law or if they consider a child is at risk and its parent or guardian fails to take the necessary protective action.
     
  5. 2,257
    397
    83
    wallflower

    wallflower Moderator

    Joined:
    Jan 30, 2013
    Messages:
    2,257
    Likes Received:
    397
    Trophy Points:
    83
    Occupation:
    Variety of roles
    Location:
    Australia (the Big Island)
    I started going to the Kingdom Hall as a teenager (but at that point in time, I wasn't old enough to apply for a driver's licence.) Some of the local congregation's territory was in rural areas. This was in the days before mobile phones came on the scene.

    My father (not a Witness) was insistent that I would not be driving around in a car, travelling around the country, with people that he didn't know.

    As a youngster, there were 2 occasions where I had been approached by a "shady" character. On both occasions, my parents were nearby as well as other people.

    In the first incident, I used a terracotta flower pot plant to strike the guy on the knee-cap joint.

    In the second incident, I just raised my voice and used a couple of mild "cuss" words to stop the approach. On that occasion, I did not have to rely on any physical defences.

    Having these incidents in mind, my father explained to the Witnesses that I would only be going in the ministry on one condition - I would have to work with the same person each time and we were to witness in the area where I lived. The elders tried to talk him out of this but he would not be swayed on that point

    My father was not going to let me go out witnessing with a group of others, until he was satisfied that I could effectively defend myself physically against an adult. (I had been getting several years of "training" at this - I have relatives who "greet" me by tackling me to the floor. They don't seem to know how to say "hello" in any other way.)

    My father was also insistent that before I go witnessing in the rural areas, that I would have my own car.

    (I saved a much longer post that expands on this, from the previous website. For the sake of brevity, I just related the highlights from it.)
     
  6. 2,257
    397
    83
    wallflower

    wallflower Moderator

    Joined:
    Jan 30, 2013
    Messages:
    2,257
    Likes Received:
    397
    Trophy Points:
    83
    Occupation:
    Variety of roles
    Location:
    Australia (the Big Island)
    https://www.documentcloud.org/documents/2649236-Submissions-on-Behalf-of-Watchtower-Bible-and.html

    (From page 83 and 84, paragraphs 9.281 to 9.287)

    (Mr O'Brien is the Branch Co-ordinator of the Australian Bethel.)

    F51 The system of not announcing the reasons for reproval means that members of the congregation are not warned about the risk that such a wrongdoer poses to children in the congregation.



    9.281 It is correct to say that the reasons for reproval of an individual are not announced but the fact of reproval of an individual is announced to the congregation and the individual will also be placed under severe restrictions (as Mr O’Brien mentioned in his oral testimony).239 The congregation is thus alerted to the fact that the particular individual has engaged in conduct that is deserving of censure or condemnation. In such circumstances, it would be surprising if members of a congregation were to act as if nothing had occurred and they were not wary of the individual.

    9.282 Such an announcement would alert any parent in the congregation to be wary of such an individual. The restrictions placed upon the individual would also safeguard the members of the congregation. Additionally, in most instances a talk will subsequently be given in the congregation about the need for vigilance or care for children in relation to such behaviour.

    9.283 For those reasons, including the additional ones set out below, the suggested finding should not be made.

    9.284 This finding is unavailable on the evidence presented to the Commission. The reasons and evidence set out in response to suggested finding F50 above are repeated.

    9.285 The risk to members of the congregation cannot accurately be measured but, having regard to the reasons and evidence set out in response to F50, it is considered that the risk may be minimal because an announcement is made that the individual concerned has been reproved and in most instances a talk will subsequently be given in the congregation about the need for vigilance and care for children in relation to such behaviour.240

    9.286 The finding fails to have regard to the evidence submitted to the Commission whereby, if required, “two elders should be assigned to meet with the parents of minor children in order to provide a warning.” - Letter to Bodies of Elders, October 1, 2012 paragraph 13.241

    9.287 The Commission failed to provide any evidence of how the same is not true of abusers who are released into the community without a public announcement warning of the risk to children in the community.
     
  7. 2,257
    397
    83
    wallflower

    wallflower Moderator

    Joined:
    Jan 30, 2013
    Messages:
    2,257
    Likes Received:
    397
    Trophy Points:
    83
    Occupation:
    Variety of roles
    Location:
    Australia (the Big Island)
    https://www.documentcloud.org/documents/2649236-Submissions-on-Behalf-of-Watchtower-Bible-and.html

    (From page 85, paragraphs 9.288 to 9.291)

    9.288 Jehovah’s Witnesses are unaware of any faith-based or community organisation that is authorised to unilaterally and publically announce the details of offences or internal disciplinary action taken against a member or an attendee, and the Commission did not proffer any evidence of same.

    9.289 To the extent that the Commission seeks to find or recommend that Jehovah’s Witnesses announce the reasons for any reproval publicly to the congregation, the Commission’s recommendation must comply with the relevant privacy legislation (the Australian Privacy Principles) and such other law which may apply to a public announcement of this nature.

    9.290 On risk, see also the evidence of Mr Baker (formerly one of Jehovah’s Witnesses) who in his statement said: 242

    “Child sexual abuse is considered abhorrent to the congregation. Zero tolerance is applied to this sin. As a result of this stance, all members of the congregation would be vigilant to any hint of this activity and would report their suspicions to a member of the Body of elders for further examination. If an incident of such gravity like this was to occur, the congregation would be given a speech at the first available opportunity to make them aware of this particular serious sin. Without naming names of the offender or the victim, the congregation would be encouraged to see the need to keep the congregation clean remembering they represent the name of the Holy Sovereign God Jehovah. (1 Peter 1:16)”


    9.291 Finally, Counsel Assisting’s suggested finding F51, if adopted, would impermissibly subordinate the fundamental right of freedom of religion of Jehovah’s Witnesses, as protected by the Constitution, to a secular requirement not demanded of any other faith-based group and would be beyond the Terms of Reference of the Commission.
     
  8. 2,257
    397
    83
    wallflower

    wallflower Moderator

    Joined:
    Jan 30, 2013
    Messages:
    2,257
    Likes Received:
    397
    Trophy Points:
    83
    Occupation:
    Variety of roles
    Location:
    Australia (the Big Island)
    https://www.documentcloud.org/documents/2649236-Submissions-on-Behalf-of-Watchtower-Bible-and.html

    (From page 87, paragraphs 9.301 to 9.304)

    F54 The sanction of disfellowshipping does nothing to protect children in the community.


    9.301 No evidence was presented to support the suggested finding.

    9.302 The purpose for disfellowshipping is primarily spiritual; related to keeping a congregation spiritually clean, which is a matter of religious belief, separate to the protection of children in the community. Disfellowshipping is a Bible-based, congregation disciplinary process and is not a substitute for criminal proceedings. Additionally, as a religious procedure, consideration of this activity is outside the scope of the Terms of Reference of the Commission: 1 Corinthians 5:13 and Statement of Mr O’Brien.245

    9.303 The suggested finding is not supported by evidence of any causal link between child sexual abuse and the Bible-based disciplinary procedures of Jehovah’s Witnesses.

    9.304 The suggested finding wrongly assumes a broad obligation upon Jehovah’s Witnesses “to protect children in the community” but fails to identify how such an obligation exists. To the extent that mandatory reporting legislation exists in a State or Territory, Jehovah’s Witnesses will continue to comply with their obligations; and to give their full support to survivors who report to the authorities.
     
  9. 2,257
    397
    83
    wallflower

    wallflower Moderator

    Joined:
    Jan 30, 2013
    Messages:
    2,257
    Likes Received:
    397
    Trophy Points:
    83
    Occupation:
    Variety of roles
    Location:
    Australia (the Big Island)
    https://www.documentcloud.org/documents/2649236-Submissions-on-Behalf-of-Watchtower-Bible-and.html

    (From pages 88 and 89, paragraphs 9.305 to 9.311)

    9.305 Counsel Assisting considers that the following two findings are available on the evidence:

    F55 Prior to this case study, the Jehovah’s Witness organisation in Australia did not advise congregational elders of their obligations to report the commission of criminal offences to the police under s 316 of the Crimes Act 1900 (NSW).



    9.306 Counsel Assisting raised a question about s.316 of the Crimes Act 1900 (NSW). Jehovah’s Witnesses presently consider that s.316 does not apply where a victim complains to an elder that they have been abused, because, at that stage, the elder’s knowledge is not the “knowledge” required by the section, although it may satisfy the “belief” required by the section. Nevertheless, the elder is not required to report the same to the authorities because of the application of the qualification in s.316(1) of “without reasonable excuse” when those words are considered and understood in light of the requirements of s.316(4) of the Act, s.127 of the Evidence Act 1995 (NSW) and the usages and rituals of the Jehovah’s Witnesses faith.

    9.307 The combined effect of the qualification in s.316(1) and s.316(4) of the Act and s.127 of the Evidence Act 1995 (NSW) is that where an elder forms the belief in the “course of practising or following a profession, calling or vocation …” they have a “reasonable excuse” within the meaning of s.316(1) to not report the information and thus no offence is committed; that interpretation is supported by the section’s natural meaning, the highest common law authorities, its legislative history, and a consideration of the section by the NSW Law Reform Commission.

    9.308 Consequently, Mr Toole was correct in thinking that elders who were informed of complaints were not required to report the matter to the authorities. It follows that he is not in error. In any event, in the absence of an authoritative determination by a court of competent jurisdiction about whether a requirement exists in the circumstances contemplated (and none is referred to by Counsel Assisting) there is no basis for any criticism or referral to the Law Society of New South Wales even if questions of professional competence to advise on such matters were within the Commission’s Terms of Reference, which, clearly, they are not.

    9.309 Jehovah’s Witnesses are currently seeking advice from Senior Counsel in relation to the Crimes (General) Amendment (Concealment of Offences) Regulation 1998 (NSW) cl 2, Sch 1. and its application in relation to mandatory reporting laws and related matters.

    9.310 Accordingly, this suggested finding F55 should not be disregarded.



    F56 This report is referred to the Law Society of New South Wales in relation to the conduct of Mr Toole in having failed to advise congregational elders of their obligations to report their knowledge of the commission of certain criminal offences to the police.

    9.311 For the reasons set out in response to suggested finding F55 above, there is no basis for any criticism of Mr Toole’s professional competence or a referral to the Law Society of New South Wales of the submission by Counsel Assisting or any report.
     
  10. 0
    0
    0
    Frank Conger

    Frank Conger Guest

    Hillary Clinton could learn a few things from these lawyers on how to stall the law. She should hire these firms to keep her out of jail. Shame on the Watchtower.

    Frank
     
  11. 2,257
    397
    83
    wallflower

    wallflower Moderator

    Joined:
    Jan 30, 2013
    Messages:
    2,257
    Likes Received:
    397
    Trophy Points:
    83
    Occupation:
    Variety of roles
    Location:
    Australia (the Big Island)
    https://www.documentcloud.org/documents/2649236-Submissions-on-Behalf-of-Watchtower-Bible-and.html

    From pages 89 and 90, paragraphs 9.313 to 9.316)

    F57 It is the policy and practice of the Jehovah’s Witness organisation in Australia to not report allegations of child sexual abuse to the police or other authorities unless required by law to do so.


    9.313 There is no policy and practice of Jehovah’s Witnesses to not report child sexual abuse to the police or other authorities. This suggested finding and the submissions CAPs 419, 421, 422, 424 and 425 on which it is based, misrepresent what is the actual approach of Jehovah’s Witnesses in Australia. Jehovah’s Witnesses do not take it upon themselves to report such matters as they consider that it is the right of the victim or his/her parents to do so.

    9.314 The present practice of Jehovah’s Witnesses on reporting to the secular authorities is based on a number of important considerations which Mr Geoffrey Jackson explained246 and others also explained. In summary, these are:

    (a) Jehovah’s Witnesses comply with the law – to the extent mandatory reporting laws apply to ministers of religion (or similar) in a given State or Territory.

    (b) Jehovah’s Witnesses respect the right of an adult survivor to decide for him/herself whether or not to report a complaint to the secular authorities.

    (c) Jehovah’s Witnesses respect the right of a family of the child victim to report the matter to the secular authorities.

    (d) Jehovah’s Witnesses will take all steps necessary to protect a child from abuse and an abuser will not be protected.

    (e) Jehovah’s Witnesses do report matters to the police as the police have dealt with a significant number of cases involving some Jehovah’s Witnesses.


    9.315 The safety of the victim and other children is paramount. In cases where the parent or guardian of a minor fails to take necessary measures to protect the child, a congregation elder can inform the authorities for the protection of the child or other children.247

    9.316 Mr Toole was unequivocal in his evidence:248

    We would do it if we thought it was necessary to protect the child, unhesitatingly. If I came across a situation and the only way that I believed I could protect a child that was in danger - I would have absolutely no hesitation at all in going to [the] authorities, even though I'm not required by a mandatory reporting law.24
     
  12. 413
    84
    28
    belongingtojah

    belongingtojah Member

    Joined:
    Mar 7, 2013
    Messages:
    413
    Likes Received:
    84
    Trophy Points:
    28
    Right on Wallflower - we do what we can with what we have and those that abuse children are of the lowest form of sinners.
     
  13. 2,257
    397
    83
    wallflower

    wallflower Moderator

    Joined:
    Jan 30, 2013
    Messages:
    2,257
    Likes Received:
    397
    Trophy Points:
    83
    Occupation:
    Variety of roles
    Location:
    Australia (the Big Island)
    Hi Joe

    Yes I agree with your statement here. We have to look out for those who can't defend themselves and look after their interests.

    The words in italics are not mine - that is a quote that Mr Vincent Toole made in his testimony at the Royal Commission. (Sorry if that isn't clear.)

    I agree with the sentiments expressed in his quote. But Mr Vincent Toole is the head of the Legal Department of the Australian Bethel. At this point in the testimony, he is giving "lip service." His actions are not consistent with what he says. He says that he "would not hesitate to report child abuse." Yet, he did not instruct elders who called the Legal Department (with a case of child abuse) to report the child abuse to the police.
     
  14. 2,257
    397
    83
    wallflower

    wallflower Moderator

    Joined:
    Jan 30, 2013
    Messages:
    2,257
    Likes Received:
    397
    Trophy Points:
    83
    Occupation:
    Variety of roles
    Location:
    Australia (the Big Island)
    https://www.documentcloud.org/documents/2649236-Submissions-on-Behalf-of-Watchtower-Bible-and.html

    (From pages 90 and 91, paragraph 9.317)

    9.317 In addition, Counsel Assisting’s suggested finding fails to account for the policy and practice of Jehovah’s Witnesses as set out in the following oral and documentary evidence:

    (a) “In any circumstances, where the elders learn that the victim remains in danger of further abuse, the elders are reminded that, ‘First, the child—and other children too—must be protected from any further abuse. This must be done whatever the cost.’ Awake! January 22, 1985, page 8”.250

    (b) The policy Letter to All Bodies of Elders dated October 1, 2012, states: “Regardless of whether the law requires the elders to report an accusation to the authorities, steps need to be taken to protect children.”251

    (c) The evidence of Mr Spinks (who is the senior Service Desk member in the Service Department at the Australia Branch) informs elders “to go back to the guardian/parent and assist them to do all they can, including going to the authorities, if that’s what the parent – the guardian/parent is willing to do, including going to the authorities, and remind them that they – the individual, that they have the full support of the elders in doing that.”252

    (d) Contrary to Counsel Assisting’s submission at CAPs 424 and 425, Mr Spinks did not testify that 1 Corinthians 1:24 and Galatians 6:5 “prohibit” Jehovah’s Witnesses from reporting child sexual abuse to the police or other authorities. These submissions misrepresent the transcript of Mr Spinks.253 To the extent that Counsel Assisting relies on his own understanding and interpretation of these Scriptures to make submission CAP 426, the analysis is unnecessary and unhelpful to the work of the Commission.

    (e) Careful analysis of the case files reveals the practice of Jehovah’s Witnesses includes numerous incidents of members of the organisation reporting child sexual abuse to the police or other authorities, although not required by law to do so.254

    (f) The published procedure states: “Never suggest to anyone that they should not report an allegation of child abuse to the police or authorities ... If the victim wishes to make a report, it is his or her absolute right to do so.”255

    (g) The support given by congregation elders to parents/guardians as the primary caregiver(s), “including going to the authorities,” is clearly stated in evidence before the Commission.256
     
  15. 4,500
    839
    113
    Joshuastone7

    Joshuastone7 Administrator Staff Member

    Joined:
    Jan 26, 2013
    Messages:
    4,500
    Likes Received:
    839
    Trophy Points:
    113
    Gender:
    Male
    So needless to say he's not the sharpest Toole in the shed, huh?
     
  16. 2,257
    397
    83
    wallflower

    wallflower Moderator

    Joined:
    Jan 30, 2013
    Messages:
    2,257
    Likes Received:
    397
    Trophy Points:
    83
    Occupation:
    Variety of roles
    Location:
    Australia (the Big Island)
    Yes, that point was not lost on me either.
     
  17. 413
    84
    28
    belongingtojah

    belongingtojah Member

    Joined:
    Mar 7, 2013
    Messages:
    413
    Likes Received:
    84
    Trophy Points:
    28
    Hi wallflower,
    I appreciate your keeping us updated on this thing that is happening in austrailia.
     
  18. 2,257
    397
    83
    wallflower

    wallflower Moderator

    Joined:
    Jan 30, 2013
    Messages:
    2,257
    Likes Received:
    397
    Trophy Points:
    83
    Occupation:
    Variety of roles
    Location:
    Australia (the Big Island)
    Just posting a link to a news article here, from the ABC website (Australian Broadcasting Corporation.)

    The Australian Broadcasting Corporation is the national news channel for the country.

    (This change applies to the legislation of the State of New South Wales. I wonder if other States within Australia will be encouraged to follow in the same manner. Time will tell - I will have to wait and see.)

    http://www.abc.net.au/news/2016-02-...ve-time-limit-for-child-abuse-victims/7172562

    "Child sexual abuse survivors will be able to make civil claims regardless of the date of an alleged incident under legislation being introduced into New South Wales Parliament today.

    The Government flagged last year that it was considering removing the time limit on suing for damages as part of its response to the Royal Commission into Institutional Responses to Child Sexual Abuse.

    "There should be no use-by date for justice for survivors of child abuse," Attorney-General Gabrielle Upton said.

    "This change will remove a significant barrier in the way of that justice."

    Under existing laws, victims of child sexual abuse in NSW typically have had between three and 12 years to pursue compensation in a civil court before the statute of limitations can be used to block their claims."
     
    Last edited: Feb 16, 2016
  19. 2,257
    397
    83
    wallflower

    wallflower Moderator

    Joined:
    Jan 30, 2013
    Messages:
    2,257
    Likes Received:
    397
    Trophy Points:
    83
    Occupation:
    Variety of roles
    Location:
    Australia (the Big Island)
    https://www.documentcloud.org/documents/2649236-Submissions-on-Behalf-of-Watchtower-Bible-and.html

    (From pages 93 and 94, paragraphs 9.328 to 9.333)

    F60 Since the organisation cannot remove an alleged abuser from the family or take other positive steps to safeguard children in the family from continuing risk, the organisation should have a policy to report all allegations of child sexual abuse to the authorities unless an adult victim specifically requests that a report not be made and there is no appreciable risk of children being abused.


    9.328 The suggested finding ought not be made as it is tantamount to a recommendation that would sweep away the rights of the victim and the victim’s family to report such matters contrary to Australian and international instruments recognising the rights of children and families.259

    9.329 In addition, the mere reporting of such a serious allegation to the secular authorities could potentially destroy the family unit in circumstances where the allegation was subsequently found to be unjustified and relatively recent experience in both Australia260 and the United Kingdom has demonstrated that not all allegations are true, even when made by reputable secular authorities.261

    9.330 Moreover, Jehovah’s Witnesses are not an agency or instrumentality of government but a voluntary faith-based association of individuals. As stated above, and specifically in response to F57, Jehovah’s Witnesses comply with the relevant legislation and Counsel Assisting’s proposed finding is not helpful to the Commission.

    9.331 The submissions in response to F57 are repeated, which demonstrate that the practice of Jehovah’s Witnesses is based on several important considerations, including religious beliefs and practices which are based on Scriptural principles.

    9.332 In responding to whether a report should made to authorities in situations where it is deemed that others are at risk, Mr Geoffrey Jackson stated that it was:

    “a possible thing for us to consider, and I think, already, the assumption is there, that if any elder was to see that there was some definite risk, that their conscience would move them to do that. But the point I was trying to make, Mr Stewart, is there are other scriptural factors that maybe make that a little complicated, and it would certainly be a lot easier if we had mandatory laws on that.”262


    9.333 Jehovah’s Witnesses submit that despite repeated statements that they do and will continue to comply with mandatory reporting and would welcome uniform laws in this regard, Counsel Assisting has consistently chosen to criticise their Bible-based religious beliefs and practices rather than the lack of uniform mandatory reporting law
     
  20. 2,257
    397
    83
    wallflower

    wallflower Moderator

    Joined:
    Jan 30, 2013
    Messages:
    2,257
    Likes Received:
    397
    Trophy Points:
    83
    Occupation:
    Variety of roles
    Location:
    Australia (the Big Island)
    Here in this paragraph, the Watchtower Society is attempting to blame the Australian government and its legislation for the child abuse problem within Jehovah's Witnesses.

    ("Oh, if only the government had more laws. How dare they pick on our interpretation of Scripture, of the "two-witness" rule?")
     

Share This Page