Mandatory Reporting and Litigation Issues in Religious Institutions - 3 program on-demand webinar series

Program 1: It’s Not Child’s Play: A Guide to Mandatory Reporting for Religious Institutions

The recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse are now the subject of State legislation, imposing obligations to meet certain standards and have a mandatory reporting scheme. This session provides an in-depth guide to the required obligations of religious institutions and to potential personal and organisational liability for failure to comply, including:

• What is mandatory reporting and who does it apply to?
• Defined terms and obligations of people in religious ministries and faith-based organisations
• Does the obligation apply to non-employees?
• Is information obtained in the confessional required to be reported?
• What to do if your organisation receives an allegation of abuse?
• When to call in the police and other authorities
• What needs to be in your reporting framework – policies, procedures and staff training
• Record keeping and information management essentials
• Personal and organisational liability for failure to comply

Program 2: With the Benefit of Hindsight: New Perspectives for Managing Historical Sexual Abuse Claims

The significant developments in legislation and case law following the Royal Commission recommendations has set up a framework which gives religious institutions and their lawyers a framework which provides a guidance to management of claims of historical sexual abuse, but is the outcome any more certain for either party? This session provides a practical guide on next steps when a claim is received and how to more effectively predict possible outcomes, including:

• Who needs to know about a claim? Advising the board, lawyers and key players
• Mandatory reporting and other key legal obligations
• Have staff been trained to manage claims?
• Obligations of confidentiality and privacy
• Records identification, evidence and privilege
• Assessing the veracity of the claim and potential outcome – what your lawyer will tell you
• Guidance for managing or contributing to an investigation
• Applying lessons on quantum and costs from decided cases and settlements to the case at hand
• Making the call – who has the responsibility for decision-making?
• Reputation, financial impact and other matters to consider before heading down the defence path
• What should be in any settlement offer?

Program 3: Sexual Harassment and Misconduct by Leadership in Religious Institutions

The relationship between a church, its ministers and staff and the congregation is complex, and when someone in leadership crosses the line on acceptable behaviour the consequences can be dire. Although sexual harassment and misconduct is neither a new phenomenon nor unknown in religious institutions, the reactions, expectations and consequences of the community have significantly changed. This session examines strategies for complaints management against leaders accused of sexual harassment, including:

• Immediate steps to take when a complaint is received
• Key elements for setting up an investigation
• What to do when religious leadership breaches religious values
• Procedures for investigating clergy and lay leaders
• Dealing with regulatory and legal authorities where allegations of a criminal offence
• Crisis and communication strategies for the organisation, membership and the wider community
• Exploring the links between cultural environment and inappropriate behaviour, and the value of cultural audits
• Reconfiguring initial and ongoing recruitment and training to minimise risk
• Best practice codes of conduct, policies and processes for managing sexual harassment and misconduct in the workplace