Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

I rise this evening to discuss the appointment of Monsignor David Cappo to the position of chair of the federal government's new Mental Health Com­mission. I note that Monsignor Cappo has just retired from his position as Social Inclusion Commissioner for the South Australian government. Specifically, tonight I am calling for the federal government to make a serious, detailed and formal inquiry into allegations made by Archbishop John Hepworth, the primate of the Traditional Anglican Communion, and how they may reflect on this planned appointment to the federal government task force.

As has been detailed recently in the Australian, Archbishop Hepworth was the victim of violent rapes perpetrated by three priests when he was a young boy studying to become a priest and during his early years of priesthood. I have spoken to John exten­sively about this today and will detail the crimes perpetrated against him shortly, because I believe you need to understand the severity of abuse to fully comprehend the inadequacy of the response of the Catholic Church in South Australia. I believe the weakness of that response can be traced in part to Monsignor Cappo, who, for reasons not fully explained, has failed to act in a timely and decisive manner on this important issue.

I raise the need for immediate action in the context of the fact that one of the men who raped Archbishop Hepworth is still working as a senior Catholic priest, running a parish in South Australia. This priest, who John says violently and repeatedly raped him, maintains a privileged position in the Catholic Church. When contacted by the Australian about the allegations last week, the priest said:

I can't discuss matters that are confidential.

When he was further asked by the journalist for the Australian, Tess Livingstone, the priest reportedly giggled and said:

Good try but I won't say anything.

The raping of another human being is no laughing matter. The fact that a serving Catholic priest could meet inquiries about sexual assault with giggles is deeply disturbing. The fact that the inquiries related to this priest's own behaviour makes the reaction even more incongruous—even more bizarre.

Archbishop Hepworth says he reported the abuse he suffered to Monsignor David Cappo and Archbishop Philip Wilson way back in 2007. Archbishop Hepworth told these men he was repeatedly raped at various times over a 12-year period, beginning when he was 15. The assaults involved two priests and a fellow seminary student who was later ordained. Two of the rapists, Ronald Pickering and John Stockdale, who raped John while he was under 18, are deceased. The third priest, who raped John from on or around the time he turned 18, is still alive.

Despite being told of the abuse in 2007 and receiving a detailed six-page statement in March 2008, David Cappo told John Hepworth this year that the investigation was still at 'a preliminary stage' because, he claimed, incredibly, John had not lodged a formal complaint. I find this response to be as troubling as it is inadequate. It does not compare well with the response of the Catholic Church in Melbourne which, through the Melbourne inquiry process, has taken the crimes committed by Ronald Pickering against John Hepworth incredibly seriously. The Independent Commissioner, Peter O'Callaghan QC, took just 12 months to resolve the matter and allowed Archbishop Hepworth to speak openly about the abuse and the resolution process. Mr O'Callaghan also accepted in his report that John had suffered 'many other instances of sexual abuse by members of the clergy in South Australia'. The Catholic Church in Victoria has provided an apology and some financial compensation. It should be noted that Cardinal George Pell, the Archbishop of Sydney, was instrumental in directing John Hepworth to the Melbourne process. Cardinal Pell deserves credit for that.

I would also like to raise my concerns about the potential abuse of the seal of the confessional in light of this case. We know in John Hepworth's case that one of his attackers tried to use the seal of the confessional to silence him by confessing to him. In other words, the abuser sought to confess to the abused as a way of shutting him up.

The impact of sexual abuse is lifelong and the adverse effects on a victim's mental wellbeing are widely documented. The act or acts eventually stop, but for too many the pain never does. Victims of child sexual abuse are more likely to suffer from anxiety and depression, alcohol and drug addiction, suicidal tendencies and many other mental conditions. Many victims of sexual abuse that I have spoken with say that the sheer act of seeking justice is an important part of the healing process and that the denial of justice, or the delay of justice, can be incredibly harmful to the mental health of victims. That is why I am concerned about the lack of urgency on David Cappo's part when it comes to this issue. It is clear that the seemingly low priority the Catholic Church in South Australia has given to this matter has caused great distress to John Hepworth. I question whether it is appropriate for a senior religious figure like David Cappo, who has responded this way to allegations of serious sexual and psychological abuse, to be given the important role of chair of the federal government's mental health task force. Tonight I am calling for two things to happen in relation to this matter. Firstly I am calling on the government to make a serious, detailed and formal inquiry into Monsignor Cappo's handling of Archbishop Hepworth's sexual assaults before any decision to appoint Monsignor Cappo to the Mental Health Commission is finalised. And I would further ask that John Hepworth be contacted directly as part of this inquiry. I am also calling for the Catholic Church in South Australia to immediately stand down this third priest from all his duties until these allegations are fully investigated.

John Hepworth is a man of impeccable standing and he is unequivocal in the allegations he has made about the criminal behaviour of this priest. That alone should have been reason enough for David Cappo and Archbishop Wilson to immediately stand this priest down pending appropriate investigations. That has not happened, and right now there are parents sending their children to church unaware that their priest, in their parish, has been named as an abuser—a rapist. Shouldn't the Catholic Church be offering these parents a greater level of protection? I believe they should, and if they do not I will. So here is what I intend to do.

I will give the Catholic Church in South Australia until midday tomorrow to remove this priest from his post. If by midday tomorrow this hasn't happened, I intend to name the priest in question here in the Senate. David Cappo and the Catholic Church should have acted years ago. If they do not act now, I will. I do not make this decision lightly, and I have thought in great depth about the consequences of naming this individual in order to allow his parishioners the chance to make whatever choices they wish to. By naming him in the Senate, there is a chance that it may impact in some way on some future police investigation. But I have had to weigh this up with my responsibility to those who are in contact with this priest now. How do I respond to those from this parish who will no doubt say: 'You knew and you didn't say anything. How could you keep that knowledge from us?' The truth is, I do not have an answer to that, because I cannot see any moral reason to suppress this information. We have to act in the interests of parents and children in the parish first and foremost.

Given the detailed and serious allegations made by John Hepworth, and given his standing in the community and credibility as a scrupulously honest man—a good man—I feel I have no choice but to name this priest unless the Catholic Church stands him down immediately. One way or the other, this matter will be resolved tomorrow. I hope the Catholic Church in South Australia does the right thing, albeit belatedly.

Senate adjourned at 22:09