INDEPENDENT senator Nick Xenophon defied warnings by the Catholic Church and the president of the Senate, and named Ian Dempsey as the surviving priest who allegedly sexually abused Traditional Anglican Communion primate John Hepworth.
Under the protection of parliamentary privilege, Senator Xenophon said he felt duty-bound to name the priest of the Brighton parish after the Adelaide archdiocese failed to meet the ultimatum he issued on Monday night that the priest be stood down by midday Tuesday while Archbishop Hepworth's allegations were investigated.
Senator Xenophon told the Senate that "the people of the Brighton parish have a right to know that for four years allegations have been outstanding that priest Ian Dempsey raped John Hepworth and that church leadership had failed to make appropriate inquiries into this matter and that church leadership has failed to stand this priest down as a matter of course while inquiries take place".
"I don't provide this information to the Senate lightly, but ultimately I believe that given the inaction of the Catholic Church in South Australia by not setting up a proper process or standing the priest down, they have created a situation where an appropriate duty of care has not been shown to the parish."
Senator Xenophon told the Senate that, as a former lawyer, he believed in the presumption of innocence and the allegations remained allegations at this stage.
The independent senator has also questioned the appropriateness of the federal government's appointment of David Cappo, the Adelaide archdiocese's vicar-general, as chairman of Julia Gillard's new Mental Health Commission, due to the delay incurred in dealing with Archbishop Hepworth's complaint.
President of the Senate John Hogg cautioned Senator Xenophon before he delivered his speech, pointing to a resolution on the use of parliamentary privilege including the need to exercise freedom speech, the damage that may be done to those subject to allegations and the sound basis for such allegations.
Outside parliament, a spokeswoman for the Adelaide archdiocese issued a statement saying: "We are appalled that Senator Xenophon has tonight, under cover of parliamentary privilege, released the name of the priest despite being made fully aware of the extremely sensitive and highly complex background to this 50-year-old matter."
"The fact that the senator has taken this action is a matter of grave concern to us and the consequences, in our view, will have an impact on not merely the person accused, but also on Archbishop Hepworth himself. It is grossly unjust and unfair for these matters to be aired in public when our investigation is not yet complete and when the priest concerned has categorically denied the allegation."
"If the priest had been formally charged, which he has not, his name would be suppressed until proof of guilt had been established; and yet this decades-old matter has not even been the subject of a police report. We now have to consider the implications and potential consequences of Senator Xenophon's statement to parliament."
Outside parliament, Cardinal George Pell called for the Adelaide archdiocese to deal with Archbishop Hepworth's allegations "expeditiously, according to the church's 'Towards Healing' protocol".
The Archbishop of Sydney, Australia's most senior Catholic churchman, said he was deeply sorry for Archbishop Hepworth's suffering and was appalled at what he had experienced at the hands of Melbourne priest Ronald Pickering, whom the independent commissioner of the Melbourne archdiocese found had abused Archbishop Hepworth 50 years ago.
Archbishop Hepworth also alleges that, as a 15-year-old seminarian in Adelaide, he was raped by the late father John Stockdale.
Cardinal Pell urged the church in South Australia to act on the matter.
"The public needs to be assured that the matter is being handled appropriately," he told The Australian.
"Archbishop Hepworth's position and status are not an issue in the treatment of his complaint. Complainants are always encouraged to go to the police. When someone who has been abused chooses to bring his complaint to the church rather than to the police, the integrity and implementation of the church's protocols (Towards Healing in this case) are of first importance in achieving justice for the complainant, and indeed for all concerned."
Cardinal Pell spoke out as Adelaide Archbishop Philip Wilson again refused to discuss the matter publicly or even issue a statement in his own name and Monsignor David Cappo refused to answer questions as he left his office.
Cardinal Pell said more information "seems to be needed to explain further to the public any unusual delays in acting on this complaint, and the decision not to stand aside the person who has been accused".
A spokeswoman for the Adelaide Archdiocese said that "our legal advice was, and still is, that any decision to suspend the priest concerned would be unjustifiable as a matter of Canon and civil law".
The opposition spokeswoman for mental health, Concetta Fierravanti-Wells, said there was a lack of transparency in the appointment of Monsignor Cappo as chair of the National Mental Health Commission by the Gillard government.
"The appointment of Monsignor David Cappo as chair of the National Mental Health Commission was announced as a done deal by the Minister for Mental Health and Ageing, Mark Butler," she said.
A spokeswoman for Mr Butler defended the appointment of Monsignor Cappo.
"Given his background and expertise, Monsignor David Cappo AO was the obvious choice to lead the Mental Health Commission," she said.