Understanding the AFP's Commitment to Child Protection
This interactive dashboard explores the leadership of incoming AFP Commissioner Krissy Barrett, the profound impact of the Royal Commission into Institutional Responses to Child Sexual Abuse, and the AFP's comprehensive strategic framework designed to protect the vulnerable and ensure accountability.
A New Era of Leadership: Krissy Barrett
Krissy Barrett's appointment as the first female AFP Commissioner marks a pivotal moment. Her extensive career and stated commitment to "protecting the vulnerable" set the tone for the AFP's future direction in an era defined by the need for institutional accountability.
Career Journey to Commissioner
The Catalyst for Change: The Royal Commission
The Royal Commission uncovered a "national tragedy," revealing systemic failures within institutions meant to protect children. Its findings created an undeniable mandate for reform and a robust, proactive response from law enforcement.
7%
of Catholic priests (1950-2010) were alleged perpetrators
4,444+
Individuals reported abuse at Catholic institutions (1980-2015)
1,880
Alleged perpetrators identified within the Church
40%
of St John of God Brothers members accused of abuse
Perpetrator Roles in the Catholic Church
Source: Royal Commission Data
A Culture of Cover-up
The Commission's findings were stark, detailing a systemic pattern of institutional failure:
- Children were ignored, or worse, punished for speaking out.
- Allegations were routinely not investigated.
- Known perpetrators were moved to new parishes without any disclosure of their past.
- Crucial documents were either not kept or deliberately destroyed.
- A pervasive culture of secrecy and cover-ups prevailed over child safety.
This wasn't about a few "rotten apples," but a "massive failure... to put the interests of the Church ahead of our most vulnerable."
The AFP's Strategic Response
In response to the Royal Commission, the AFP developed a multi-faceted Child Protection Strategic Plan. This framework moves beyond reactive investigation to a proactive, holistic approach focused on prevention, disruption, and unwavering accountability.
Legal Prospects & Accountability
While the AFP's strategy focuses on law enforcement, another path for action proposes a novel legal framework. This section explores a detailed strategy for holding the Catholic Church accountable by framing its historic policies as a form of foreign interference in Australian affairs.
Summary of Proposal
Legal Framing: Treat Vatican-directed secrecy policies—including Crimen Sollicitationis and pontifical secrecy—not simply as internal Church matters, but as potential covert acts of foreign interference under Division 92. This would allow criminal referrals, civil class actions, or hybrid proceedings targeting the Church hierarchy acting as agents of a foreign principal.
National Duty: The scale and international dimension of this issue require all levels of governance to act—this is not only a matter of justice for survivors but a national security concern in terms of institutional integrity and the rule of law.
International Parallel: The approach can be extended, and is supported by similar frameworks in allied countries (US, UK, Canada, EU), with a central focus on the primacy of child protection over institutional privilege or international immunity claims.
Background
The Royal Commission into Institutional Responses to Child Sexual Abuse exposed the breadth and depth of the crisis, with 7% of Australian priests accused of abuse between 1950–2009 and systemic cover-ups actively facilitated by Church policy. Vatican directives explicitly required secrecy and directed local clergy to evade civil justice mechanisms—amounting, in effect, to foreign-directed covert interference in Australian public affairs.
Despite some recent reforms from the Vatican, including the partial lifting of pontifical secrecy, the core issues of obstruction, delayed disclosure, and lobbying against child protection reforms continue. Australian bishops themselves have raised concerns that foreign interference laws might require registration as agents of the Vatican—highlighting both the legal and ethical gravity of the situation.
Legal Pathways
- Division 92, Criminal Code Act 1995 (Cth):
Scope: Prohibits covert, deceptive, or corrupt conduct on behalf of a foreign principal (e.g., the Vatican), aiming to influence Australian governmental or political processes or prejudice national security.
Application: Vatican directives to conceal abuse, obstruct investigations, or lobby against reforms fit within these prohibitions. The law covers both intentional and reckless interference and has no statute of limitations.
- Foreign Influence Transparency Scheme Act 2018 (FITS):
Scope: Requires registration of activities undertaken on behalf of a foreign principal—including lobbying against abuse laws.
Application: Breaches may apply to Church advocacy efforts that conceal foreign-directed motives, complementing Division 92 prosecutions.
- State and Civil Law Mechanisms:
Perverting the Course of Justice, Conspiracy: State crimes without limitation periods for indictable offenses.
Class Actions: Recent reforms have removed limitation periods for civil actions relating to abuse, enabling broad-based representative proceedings against Australian entities acting as Vatican agents.
- International Parallel:
Similar foreign interference and transparency laws exist or are proposed in the US, UK, Canada, and Europe, providing a basis for global data-sharing and coordinated advocacy.
Proposed Parliamentary Action
- Legislative Review: Initiate or support a parliamentary inquiry or working group to review the applicability of Division 92 and related frameworks to historic and ongoing religious cover-ups.
- Referral and Oversight: Support referral of compiled evidence (including Royal Commission findings, survivor testimonies, and Vatican documents) to the AFP and CDPP for criminal investigation and potential prosecution under Division 92.
- Support for Civil Action: Champion legal reforms or support class action proceedings that enable survivors to pursue damages against Church entities as agents of the Vatican.
- Transparency Initiatives: Advocate for strict enforcement of FITS and for greater transparency in lobbying by religious organizations, ensuring all foreign-directed activity is disclosed.
- Database and Research: Promote the establishment of a secure, survivor-led national database to document ongoing interference, support class actions, and contribute to international forums.
Statutes of Limitations and Procedural Barriers
- Criminal and civil claims in Australia are not time-barred for abuse or foreign interference offenses.
- Attorney-General consent is required for Division 92 prosecutions; parliamentary advocacy is critical to ensure these matters are treated as matters of public interest rather than as political or religious exceptions.
- Sovereign immunity and religious freedom claims can be addressed by targeting Australian entities and emphasizing the public interest in child protection.
Conclusion and Next Steps
This strategy offers a robust and innovative legal basis to hold the Catholic Church, as an agent of a foreign principal, accountable for decades of systemic cover-up and obstruction of justice in Australia. It aligns with recent legal reforms and leverages international best practice, while recognizing the unique context and needs of Australian survivors.