The Diocese has a fiduciary responsibility to its people to achieve a degree of certainty as to the factual basis of the allegations. This is not a question of believing or not believing a claimant, it is an issue of being able to establish on balance of probabilities that an alleged act of abuse or sequence of abusive acts occurred.

The Diocese conducts “due diligence” inquiries to gather available evidence in relation to the alleged abuser and the claimant. The evidence the claimant’s solicitor provides is also considered as part of the due diligence process. To facilitate this process, the claimant is asked to provide the following details at the commencement of the assessment process:

• times, dates, places and circumstances of contact between claimant and alleged abuser
• details of the alleged abuse
• whether any report was made of the alleged abuse to anyone in the Diocese
• any other details considered relevant and appropriate to the particular claim.

The Diocese will require particular records from the claimant, including:

• medical records
• counselling and other mental health or therapeutic treatment records
• employment history
• tax returns.

The Diocese’s and claimant’s solicitors should make the necessary arrangements to exchange the required records. 

The Diocese will meet reasonable costs arising from collecting the required records.

The claimant is required to undertake an assessment conducted (preferably) by a psychiatrist, which is an expert third-party assessment of the harm caused to the claimant and its likely causation.

Wherever possible, the Diocese will obtain a joint medico-legal assessment with the claimant, identifying an agreed assessor and preparing a joint letter of instructions.  Sometimes a joint assessment is not possible, the claimant’s solicitor will arrange an independent assessment and the Diocese may require eth claimant to attend an assessor of the Diocese’s choosing.

The Diocese will meet the costs of a joint assessment or the assessment eth Diocese requires the claimant to attend.  This includes the costs of the assessment itself and reasonable travel, accommodation and living expenses incurred by the claimant and their partner or support person, if the claimant wishes.  The Diocese will not meet the cost of the claimant solicitor obtaining a unilateral assessment other than as part of an agreed settlement, should one be achieved.

It may be that other specialist assessments are required, dependent on the particulars of the claim.

On acceptance of the medico legal assessment, the Diocese’s solicitors will prepare advice on the claim. That legal advice, along with other key documents, including submissions made by and on behalf of the claimant, is put before a standing committee that has been established to provide independent advice to the Bishop.

The standing committee consists of the Bishop, Vicar-General and individuals drawn from academia, the law, religion, commerce and the community. These individuals are drawn from outside the Diocese, some from outside the Hunter Valley. Members of the standing committee are subject to strict confidentiality agreements.

With the advice of the Standing Committee, Bishop Wright makes a decision whether the Diocese will attempt to settle the claim through direct negotiations or not.

If the Bishop accepts advice that the Diocese should attempt to settle the claim, he issues instructions to the Director of Safeguarding who is then empowered to attempt to settle the claim.

If the Bishop accepts advice that there is insufficient evidence to establish the claim, the claimant’s solicitor is advised.  The claimant is able to pursue recourse through the courts or the National Redress Scheme or the Towards Healing process or civil courts.

If the Director of Safeguarding is issued instructions to attempt to settle the claim, a settlement conference is arranged between the claimant’s solicitors and the Diocese’s solicitors. The settlement conference may or may not involve a mediator to assist both sides to achieve a settlement.

The claimant is expected to participate in the settlement conference. As part of the settlement conference, the claimant has the ability to address any relevant matters he/she may wish to with the Director of Safeguarding.

The Diocese will meet reasonable travel, accommodation and living expenses for the claimant and a partner or support person to attend the settlement conference, if no settlement is achieved.  If a settlement is achieved, those costs are considered part of the settlement quantum.

If a settlement is achieved, the claimant is obliged to sign a deed of settlement and release, which is a legal document.  The Diocese will not accept a deed without evidence that the claimant’s solicitor has properly informed them of the deed, its purpose and effect.

A properly signed and witnessed deed must be received by the Diocese’s solicitor before the Diocese will release the settlement funds.

The Diocese asks that the claimant maintain confidentiality about the settlement quantum (how much money was agreed to).  However, the claimant is free to discuss the abuse they have suffered and any other aspect of the settlement process.

Claimants are able to seek non-financial considerations as part of their settlement. In the past decade the Diocese has endeavoured to address non-financial considerations that may include:

• pieces of property with particular symbolic significance
• letters of apology from the Diocese, to themselves and other family members
• detailed briefings on the actions undertaken by the Diocese to protect children today.

Claimants are invited to meet Bishop Wright after the claim has been resolved. This is intended as a purely pastoral meeting for the claimant. To facilitate such a meeting, the Diocese will cover all reasonable travel, accommodation and living expenses for the claimant and their partner, companion or support person.

There have been arrangements made for the Diocese to meet the costs of multiple members of the claimant’s family, to attend the meeting with the Bishop. Arrangements can be negotiated through Healing and Support (Zimmerman Service) or with the Director of Safeguarding.