Lead
The Christian Brothers has kept nine convicted child abusers, including one currently behind bars, as members of its religious order, according to court documents. The order says it acted on a "Gospel imperative" to "care for all Brothers" and "the needy." The revelation comes as the order faces financial collapse and proposes selling off its remaining property to compensate abuse survivors.
Coverage Comparison
Reports from The Guardian detail how the Christian Brothers' properties have been used to house convicted child sexual abuse offenders, including Brother Rex Elmer, who preyed on orphans, and Brother Peter Toomey, who remained in teaching positions for almost three decades after senior officials became aware of his offending. Survivors expressed fury last month when the order declared it was about to go broke and could no longer afford to meet their claims in court.
The order's leadership argues that dismissing offenders is not always appropriate, citing obligations to both the community and the offender. They warn that moving offenders into society would make them a "burden for taxpayers," as they often lack financial support.
Key Claims
Court documents show the Christian Brothers' constitution requires it to provide financial support to current brothers, including housing costs, utilities, health insurance, medical and dental reimbursements, a "Community Living Allowance" of $1,200 per month, vehicles and associated costs, money for spiritual development, and some food and entertainment expenses.
Land title records obtained by Guardian Australia show that Christian Brothers-owned properties have housed at least two brothers with histories of child sexual abuse. Brother Peter Toomey was convicted in November 2005 of 10 charges of indecent assault against students at Trinity College in Brunswick in the 1970s and was jailed. He was jailed again in 2019 for sexually assaulting two boys aged 14 and 15 in the 1970s and 1980s. A royal commission found the Christian Brothers had become aware of child abuse complaints against Toomey early in his career but allowed him to remain in its schools until the end of 2000, almost 30 years later.
Brother Rex Elmer was convicted of abusing children at a Christian Brothers facility for wards of the state.
The head of Christian Brothers Oceania, Brother Gerard John Brady, stated in an affidavit that the order has about 176 brothers, nine of whom are convicted child sex offenders, with one behind bars. He said the Oceania leadership team decided to keep them in the order, explaining that "While dismissal of an offender from the Christian Brothers is an option open to us, I believe that it is not always the appropriate response."
The order obtained a moratorium on all current and future civil claims by abuse survivors, throwing dozens of pending trials into chaos and halting hundreds more cases. It says it is about to go broke and cannot afford to meet claims, proposing a scheme to sell off its remaining property, worth about $217m, and divide the proceeds among survivors.
Six months before declaring financial difficulty, the head of Christian Brothers Oceania met with representatives of the Holy See seeking support but received no financial assistance.
The Christian Brothers has transferred properties worth $540m to Edmund Rice Education Australia, which received them for $1 each. The order says it will not attempt to stop survivors suing Edmund Rice Education Australia.