Is the seal of the confessional protected by Constitutional or common law?

Gray, Anthony (2018) Is the seal of the confessional protected by Constitutional or common law? Monash University Law Review, 44 (1). pp. 112-150. ISSN 0311-3140

Abstract

In light of recommendations of the Royal Commission into Institutional Child Sex Abuse, there have been calls for members of clergy to be subject to mandatory reporting of allegations of child sexual abuse. Such a rule would abrogate the longstanding privacy and confidentiality of the practice of the confessional, known as the 'seal of the confession'. This paper considers whether the common law or Australian Constitution protects the seal of the confessional.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version, in accordance with the copyright policy of the publisher.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 15 Jan 2019 05:27
Last Modified: 24 Jan 2019 05:17
Uncontrolled Keywords: law, religion, confessional, seal of the confession
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180114 Human Rights Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
URI: http://eprints.usq.edu.au/id/eprint/35244

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