South Australian Anglican Archbishop Jeffrey Driver has received legal advice on how the church may access funds from Anglicare in the event of future claims by sexual abuse victims. The Adelaide Advertiser reports that it has seen a letter with the advice. Financial documents show that in June 2009, Anglicare had total assets of $128.9 million, which included property assets of almost $100 million and financial assets of $6.2 million, the report says.
Under Anglicare's constitution, the funds could not be handed over directly by Anglicare to the church to assist with the compensation payouts to sexual abuse victims. Alternative ways in which to access Anglicare charity funds were then considered by the church.
Justice David Bleby, in his capacity as Chancellor of the Adelaide Diocese, says: "Anglicare, as a substantial and integral part of the church . . . should, in my view, share that burden along with every other church institution and member according to their . . . abilities".
He proposes that the Archbishop direct the Council of Anglicare to invoke the Church of England Property Trust 1971 to transfer sums of money as required. Justice Bleby warns no asset that was a tax-deductible gift to the charity should be included.
It is understood that the option identified by Justice Bleby was not ultimately pursued by the church, the report adds.
The church has maintained that, while several possibilities for financial aid were considered, no moneys were received from Anglicare for the purpose of compensation payouts.
"No funds were improperly transferred to the Diocese. Anglicare Board did not act contrary to its own constitution. All funds for Anglicare were properly acquitted, reported and audited," Archbishop Driver states.
"I continue to maintain that it was morally and pastorally right for Anglicare to explore ways, within its legal and constitutional framework, to support the diocesan response to the survivors of abuse," he said.
SIC: CTHAUS