SA Full Court Rules Anglican Church Has Power to Investigate, Discipline Rogue Priests Accused of Misbehaviour

By Sean Fewster
The Australian
December 23, 2013

http://www.theaustralian.com.au/news/sa-full-court-rules-anglican-church-has-power-to-investigate-discipline-rogue-priests-accused-of-misbehaviour/story-e6frg6n6-1226788892827

Father Peter Coote from the Diocese of the Murray.

THE Anglican Church has the legal right to investigate and internally discipline priests accused of bad behaviour, the state's highest court has ruled.

In a unanimous decision this morning, the Full Court of the Supreme Court granted orders sought by the Anglican Church in Australia and the Diocese of the Murray.

Chief Justice Chris Kourakis and Justices Tom Gray and David Peek declared the Church's Professional Standards Board had the right to investigate and discipline controversial priest Peter Coote.

They further ruled an independent review of that board's decision to be invalid.

The judgment means there is no avenue for disgruntled former priests to file civil claims over their sackings or disciplinings.

It also brings to an end an eight-year dispute over Father Coote - the subject of sexual misconduct and inappropriate behaviour complaints involving three southern suburbs women.

An internal diocese committee heard one woman attempted suicide after Father Coote allegedly entered her home without permission and had sex with her.

Father Coote was reprimanded but the case was revived in 2007 as a direct result of discontent within the diocese over his punishment.

He was stood down in July 2007 and formally suspended in April 2008.

The matter has since been the subject hearings by two Anglican Church Professional Standards Boards.

The findings and recommendations of the Board hearings cannot be published due to ongoing suppression orders.

Father Coote challenged each Board hearing, seeking independent reviews of their findings and recommendations.

The second of those, by barrister Neville Morcombe, QC, found the Board did not have jurisdiction to examine Father Coote's alleged misconduct.

The Board subsequently launched Supreme Court action seeking declarations that it had jurisdiction, and that Mr Morcombe's review was therefore invalid.

In August last year, The Advertiser revealed the head of the Anglican Church in Australia, Dr Phillip Aspinall, has asked to be heard in the legal action .

He and other senior priests feared the case could open the floodgates for civil claims against the Church by priests who have been sacked or disciplined.

In an application to the court, Dr Aspinall said the Diocese of the Murray's practices were "largely mirrored" in "21 of the 23" Diocese comprising the Church.

He warned the case "may have widespread and adverse consequences for all of the dioceses that make up the Anglican Church of Australia".

Today, Chief Justice Kourakis and Justice Peek said they were satisfied the orders sought by the Church should be made.

Justice Gray agreed, saying a declaration should be made that the Board "had jurisdiction to determine the matter".

Although the court published its reasons, that document will not be publicly available due to the ongoing suppression orders.