Burden of Proof in Safeguarding

ACSL welcomes The Hon. Duncan Kerr, Former Federal Judge and Chair of the National Appeals and Review Panel, and Mr Pat Mullins, Partner at Mullins Lawyers, to discuss balance of probabilities and moral certainty.

Within the professional standards and safeguarding spaces investigations are undertaken to determine whether an allegation(s) is substantiated or not.

In the Catholic Church allegations are often required to be considered against two different burdens of proof:

1. The civil burden of proof, being the ‘balance of probabilities’, and
2. The canonical burden of proof, being ‘moral certainty’.

These two burdens of proof can cause challenges for those in this space, particularly given the differing regulatory requirements (and recommendation of the Royal Commission) and the canonical requirements to impose any canonical sanctions.

This session will focus on the definitions and applications of both ‘balance of probabilities’ and ‘moral certainty’, and open discussions around how these two principles operate and coexist.

If you have any questions, please reach out to learning@acsltd.org.au