Hannah Felsbourg
16 October 2024
Motion 15, concerning the Code of Conduct for Child Safety and Wellbeing, was postponed at the 2024 Melbourne Synod after legal advice suggested it posed significant risks for the Church.
The motion centred on clause 6.2(y), which states, “All people covered by this Code must not … engage in any conduct to change or suppress a child’s gender identity or sexual orientation.”
It called for a review to clarify the clause’s interpretation, pastoral guidelines, and who must adhere to it, including lay members standing for election to synod.
The Synod Business Committee sought legal advice from Elizabeth Bennett SC to assess the motion’s implications and legal compliance.
She said the legal and reputational issues raised by the motion were complex and could not be adequately addressed in time for the synod.
Ms Bennett’s advice, fully supported by the Chancellor, recommended postponing the motion to allow for thorough consideration by the Diocese’s legal advisers.
Read more: Melbourne Synod postpones child safety code of conduct motion as day 2 concludes
Clause 6.2(y) aligns with Victoria’s Change or Suppression (Conversion) Practices Prohibition Act, which bans efforts to alter or suppress sexual orientation or gender identity.
The law covers formal practices like therapy, as well as informal practices like prayer or advice aimed at making a person suppress or deny their sexual identity.
Breaching this law could lead to serious penalties, including criminal charges, civil action, and financial or legal repercussions for individuals or organisations found to be in violation.
The motion’s mover the Reverend Peter Adam said he wanted there to be a motion, and for the motion to remain in its original form.
However, Archbishop Philip Freier, citing his responsibility for the good governance and reputation of the Church, decided to remove the motion from the notice paper.
He said this decision was made to protect synod members from potential legal and reputational risks and to ensure compliance with child protection legislation.
Further legal advice will be sought on the matter, and the Archbishop in Council will continue to review the motion before it is brought to a future synod.
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