I found this interesting document among the files watchtower sent to the Royal Commission:
Up till now the brothers generally expect that the elders will keep all matters confidential,
since this has been stressed a number of times. In Australia, it has happened that some elders have
been prepared to accept punishment for contempt of court rather than disclose confidential
information. However, we are now saying that elders should comply with the law where mandatory
reporting is required if there is no exemption available to them.
The situation will no doubt arise at
some time where elders will have to disclose some information concerning child abuse, either to
the secular authorities or even in open court if they are called upon to answer. Our feeling is that it
may seem to publishers that the elders are treating confidential matters lightly. Also, it may be that
some who have sinned would hesitate to talk to the elders if they thought that elders would not
respect confidentiality.You asked us to set out what we believe would help in Our Kingdom
Ministry if we feel it is really needed.
It has been suggested that the following be printed in a Question Box in Our Kingdom
Ministry. It would not be necessary to schedule it as part of the service meeting program, unless we
simply ask the Presiding Overseer or another elder simply to read the question and answer in the
Announcements part of the meeting.
Question: Should elders supply information to secular authorities when they learn that a brother or
sister has been involved in a serious crime?
Answer: Information given to elders is treated as confidential and is not discussed with others who
are not involved. (w71 4/1, pp. 222-4) All Christians are counseled by God’s Word to be law-abiding,
and they are to pay to Caesar what is Caesar’s where there is no conflict with God’s laws. (Matthew
22:21; w90 11/1 pp. 10-15, 18-28) When Christians obey Caesar’s laws that are not in conflict with
God’s laws, they have no need to “fear” punishment from the authorities as law-breakers, and they can
maintain a good conscience.—Romans 13:3, 4.
If an elder learns of some serious crime on the part of a member of the congregation, he may, in some
circumstances, be obliged by law to report the matter or to provide some information to secular
authorities. It is not the responsibility of the elders to enforce Caesar’s laws, but the very nature of some
crimes demands that they be reported, or that they be dealt with by Caesar, for this is the “arrangement
of God.” (Romans 13:2) Even in such cases, it is important that the elders maintain confidentiality to the
CONFIDENTIAL (RC)
WAT.0012.001.0009
Governing Body, Service Committee
From Australia Branch April 28, 1998 No. 212 Page 2
extent possible, and elders should always contact the Society before providing any information on
confidential matters to secular authorities.
Elders prove to be a “hiding place from the wind” to all in the congregation who are truly repentant,
and they try to “readjust such a person,” no matter how serious the sin committed. (Isaiah 32:2; Galatians
6:1) However, while Jehovah forgives repentant sinners, there may be consequences of the actions of the
sinner that cannot be avoided. Depending on the law of the land, the sinner may have to face sanctions
from the state, or even serve a prison term. The congregation will not protect him from that.—See The
Watchtower, January 1, 1997, page 29.
While in Brooklyn I turned in to the Service Committee a summary dated November 21,
1997 of what the Australia branch was saying. A copy is enclosed. The branch here will be happy
if the Service and Writing Committees agree basically with what has been said, and we look
forward to any comments or directions you may have.
We will look forward to your further comments on any of these matters. We realize that this
is a complicated subject with many ramifications, and we appreciate the careful consideration
given to the matter by the Governing Body. We have a current case under way which we are
handling according to our past policies, so we would appreciate your comments as soon as
convenient.
We take this opportunity of sending our warm love.
Your brother,
H. V. Mouritz
For the Branch Committee
AUSTRALIA BRANCH
Encl.