2021B Confidentiality

Acknowledgement This program has been adapted from material developed for the UCA Synod of VicTas by Rev Lauren Mosso and Rev Sharon Hollis and is used with permission For further information please contact Joanna Drayton Uniting Mission amp Education | Synod of NSW and ACT | 0419 632 888 | JoannaDnswactucaorgau

2 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Expectations for Participation Ministers Candidates Pastors Chaplains and Lay People engaged in ministry in the NSWACT Synod are required to attend two Code of Ethics workshops each year

Before the session

bull Read through this document It is laid out with the preparation work first and the session outline after the preparation you to complete to attend an Ethical Ministry Refresher (EMR) session

bull Ensure you have a current copy of the Code of Ethics and Ministry Practice and bring it to the refresher session You can find a copy of the Code of Ethics herehttpsucaassemblyrecollectnetaunodesview301keywords=

bull Read the article Confidentiality in the church what the pastor knows and tells by D Elizabeth Audette and engage with the questions following

bull Review the lsquoGround rules for Workshop discussionsrsquo and lsquoSafe paired sharingrsquo and be ready to participate

bull Read all the case studies providedbull Complete the preparation outlined in the next section

Prepare bull Re-read the Code of Ethics and Ministry Practice paying particular attention to Section 37bull Read the article on confidentiality Come prepared to discuss the article in a small groupbull Read the case studies and select one to discuss in a small groupbull Reflect on an ethical situation related to confidentiality from your own ministry experience and

come prepared to discuss this with a colleague These are for your use to assist you to be readyto share so think about the best way to for you write Options include

o a brief case studyo notes or several dot pointso a mind map of your issue oro an image or diagram

What is important is that you reflect on an ethical situation in your own ministry context before you come to the EMR and that you come prepared to share at least some of your reflection in paired sharing This is the part of the EMR where you are being invited to apply the Code of Ethics to your own ministry practice and this requires some time and reflection before you arrive at the workshop

(If you would be willing to share your case study or notes for wider use ndash after ensuring it is unidentifiable - please email joannadnswactucaorgau)

3 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Code of Ethics and Ministry Practice

37 Confidentiality a) Ministers shall not breach confidentiality Confidentiality is not about secrecy In the context of a

pastoral relationship it is an assurance that Ministers will not share written or spokeninformation about an individual with other people [except as indicated in (d) below] or use it fora purpose other than for which it was collected

b) In the processes of the church there are also times when because of its personal nature or itspotential for misuse or harm some information may be designated confidential and is onlyintended for a particular audience such as a Synod in closed session a board or local churchcouncil

c) In a pastoral relationship Ministers shall take care to discuss the nature and limits of theirconfidentiality with the other person

d) Information received in the context of a pastoral relationship shall remain confidential unlessbull the person gives permission for the particular disclosure orbull retaining such information would result in significant physical emotional or sexual harm

to another person or persons orbull required by law orbull disclosure is necessary to prevent financial loss to some other person due to fraud or

other dishonesty or where undue hardship might result (as stated in the Privacy Act1988) or

bull disclosure is required in accordance with the terms of placementemployment applicablein a particular appointment

e) Ministers should ensure the integrity of any records particularly electronic records by putting inplace appropriate security procedures

f) Confidentiality also requires that Ministers shall not seek to gain sensitive or confidentialinformation to which they are not entitled or which would require another person to breach aconfidence

g) Ministers shall share with the intended audiencersquos information from Presbytery Synod andAssembly (and their agencies) that is meant to be disseminated

Code of Conduct for Lay Leaders

23 Confidentialitybull treat as confidential any personal or sensitive information acquired through their work or other

involvement in the Church other than as required by law or where proper authorisation is givenbull adhere to legal requirements policies and all other lawful directives regarding the use of

personal or sensitive informationbull use personal information only for the purpose stated or understood when the information is

gathered

4 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Pre-Reading Before you attend the Ethical Ministry Refresher please read the article on confidentiality provided with this outline Come prepared to discuss your reflections in a small group discussion While this article refers to clergy and pastors all people in ministry covered by the Code of Ethics are invited to reflect on how the issues discussed in this article relate to the ethical exercise of their ministry

Confidentiality in the church What the pastor knows and tells

by D Elizabeth Audette

Conflict can occur both within a congregation and in relation to secular laws governing mandated reporting when the clergypersons practice of confidentiality is significantly different from members expectations Such conflict need not always involve dramatic and acute cases such as child abuse The occasion can be as simple and as chronic as Mrs Smiths reprimanding me because I failed to mention from the pulpit that her husband was in the hospital even though she knew her husband had asked me to say nothing about it She believes that such matters should be disclosed to the congregation that all may pray for the afflicted and that it is the pastors responsibility to make such public disclosures Thus she did not say anything during the portion of the service in which people share their joys and concerns nor did she ask me ahead of time to mention her husbands condition

How do clergy judge what is confidential and what is not in their day-to-day ministry Who decides what is confidential What happens when definitions conflict both in and out of the church What kind of practice of confidentiality helps build the community of Christ The obvious place to begin answering these questions is with church regulations (for the Uniting Church is the Code of Ethics)

The following factors can also help the setting in which the information is disclosed the type of information disclosed the purpose of disclosing the information and to whom the information is disclosed

Setting The key question about the setting of a disclosure is whether it is public or privatehellip For instance the clergyperson who is told at coffee hour by Mr White that Mr White held up a bank could not claim in court that such information was given in confidence However were such information conveyed in a conversation in a hospital room during which no one else entered the room one could argue that the exchange was intended to be confidential Similarly meeting in the pastors office with the door closed establishes the privacy necessary to claim confidentiality Leaving the door open may not

Type Whether or not information conveyed implies harm to the discloser or another person is the most important issue concerning the type of information disclosed Moral justifications for confidentiality in the secular world are generally based upon arguments concerning the common good Because a presumption of confidentiality protects an individuals right to self-government personal freedom and autonomy it is widely judged necessary to the orderly working of society however there are limits on personal freedom Social ethics views intentions to harm the self or another person as detrimental to the common good Therefore disclosures involving such possible harm even if made within confidential settings dont have to be treated confidentially Like any professional who must work within bounds set

5 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

by professional ethics the clergyperson must determine the limits of his or her confidentiality obligations Shall I promise confidentiality to all individuals regardless of what the person tells me Am I obligated to keep confidential information that puts another person in harms way such as a threat to kill a person Shall I keep confidential information that threatens the integrity of the worshiping community or the safety of the gathered people Should for instance a pastor keep confidential the confession of a colleague who says he lied about his credentials to secure a pastorate Once such limits are determined and defined pastors must then decide how best to communicate those limits in confidential settings Although it can be an awkward way to begin a conversation with a parishioner I have at times found it necessary to say I shall do my best to keep confidential what you tell me However if you disclose something to me that is illegal or puts yourself or another person in harms way I will be morally obligated to help you or protect another person even if that means telling what youve told me I do not know how many disclosures I have discouraged through such a disclaimer I do know that it has not prevented some significant disclosures including one in which the person confessed to sexually abusing a child hellip

To Whom Disclosures Are Made Is an ethic of confidentiality an issue only for ordained clergy or is it also an issue for all members who take a leadership role within the church

Any discussion of confidentiality can be approached from a number of perspectives legal professional ethical ecclesiastical or theological That these perspectives give different weight and priority to the four factors just discussed further complicates matters For instance how does one treat disclosures made in churches that practice public confession in front of the congregation Is the Protestant doctrine of the priesthood of all believers relevant at all to issues of confidentiality

Within such traditions are disclosures made privately between laypeople considered confidential and if so by whommdashclergy laity the courts If a person spontaneously confesses a sensitive matter to a Bible study class seeking the forgiveness of God through the group what level of confidentiality does that disclosure warrant

HOW DOES a clergyperson treat general information received from a parishioner at the grocery store and does it change anything if the discloser is not a parishioner While the question of what to do with information about harm done to a child or an elderly person is important it is the myriad of more mundane questions such as these that are more likely to have an effect on the churchs day-today ministry

Given the complexity and pervasiveness of confidentiality issues in the church clarity about clergy practice and a congregations assumptionsmdashtheological and proceduralmdashis important Such clarity will build the community by fostering trust between parishioners and clergy as well as between the individuals in the worshiping community It will also allow the church to develop an ethic of confidentiality that is spiritually and ecclesially based Without such clarity secular models of confidentiality will prevail

A recent survey I conducted of 300 Congregational clergy and laity uncovered some assumptions about confidentiality No members of the group articulated ecclesial or theological grounds for their assumptions Instead their views were informed by a therapeutic model Both clergy and laity regarded the clergyperson as a counsellor along the lines of secular counsellors or psychologists

Confidentiality then became a matter of professional (counselling) ethicsmdashwith one difference Unlike secular counsellors or psychologists who see clients in well-defined professional settings most of those

6 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

surveyed assumed that anything told to a clergyperson anywhere should be treated confidentially regardless of the circumstances of the disclosure

Assumptions about confidentiality held by a clergyperson or a worshiping community have significant implications for community life When therapeutic norms borrowed from professional ethics (as serviceable as they might be) become dominant in the church the unique character of the church as a gathered people covenanted in Christ is compromised The therapeutic ethic relies largely on a contract model of a professional-client relationship confidentiality is based on the dual needs of respecting the individual and preserving the character of relationships This approach does not encourage the appropriate sharing of information within the community by which the gathered people might be responsible to and for each other While clergy at times counsel individuals they also bear responsibility for the welfare of the worshiping community as a whole In their teaching preaching and administrative roles clergy recognize that the church is more than a group of individuals The church is a community with its own culture and beliefs transcending the individuals within it and creating a common good An ethic of confidentiality grounded in ecclesiology will care for the good of the community as well as the good of the individuals within it It will provide a congregational basis for building trust between individualsmdashcrucial to building up the communitymdash and will help determine the kind of community a congregation becomes

What would an adequate ecclesial ethic of confidentiality look like Not all observers agree with my survey group which believes that all things told to the pastor should be held as confidential William H Willimon has argued for a re-examination of privacy and confidentiality in the ministry and has asked whether confidentiality doesnt often undermine the churchs ability to provide pastoral care and flourish as a community (CHRISTIAN CENTURY October 31 1990) While some assurance of confidentiality is needed to build trust in a community people like Jim Kok wonder how others can support challenge pray for weep with give help to advise and confront with an aim toward healing if they do not know what is happening (Christianity Today July 17 1981) In other words how does one build and live in the intimacy of community if nothing is disclosable

IN THE END each religious tradition must develop its own ethic of confidentiality rooted in its own doctrines and practice However all traditions may find that the idea of covenantal relationships can help to frame the issues for both individuals and communities Within a covenantal community called into being through Gods word and spirit relationships between believers and God and between individual believers are based upon faithful promises made to each other which promote Gods spiritual and temporal purposes for humanity Theories and practices of confidentiality based only on secular professional ethics or legal norms are not adequate for covenantal understandings of the church in which the communityrsquos relationship to God is primary

Unlike professional counsellors clergy have a wide range of contacts with people through which they gain much information and knowledge about persons Such pervasive contact formal and informal direct and indirect can make the boundaries of confidentiality unclear for both clergy and laity Additionally clergy often find themselves in a bind disclosure of information could be helpful to the welfare of the community but may also be contrary to the wishes of the individual who gave the information

Consider A parishioner who lost his job comes to the pastor to express his anger at the company for terminating him and at God for abandoning him Already his lack of income threatens the security and stability of his family which includes a wife and two children Hersquos behind in mortgage payments the

7 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

children have outgrown last yearrsquos winter clothing and need more and there is barely enough money for groceries In the process of dealing with the mans fear anger and shame the pastor suggests that the deacons can help ease the economic burden while he looks for work The man refuses and insists that the pastor tell no one about his situation Ive never accepted charity from anyone No one is responsible for my family but me he declares

Several covenantal questions assert themselves Does the protection of the mans individualistic sense of self-reliance take priority over the communitys belief that God calls them to care for people in need Does it take priority over the corporate welfare of the rest of his family Does respect for the individuals wish for confidentiality impede the churchs pastoral function of embodying Gods love Where is God located in this dilemma If the pastor chooses to honour the mans request for confidentiality at what point is the pastor released from that obligation as the information inevitably makes its way through the grapevine And when someone inevitably comes up to the pastor and asks Have you heard What can we do to help at what point does the pastor finally say Yes I know and what advice can he or she faithfully dispense Perhaps the church should have its own understanding of what is private and what is public knowledge

More fundamentally what covenantal obligations do community members share as participants in a particular community As members of the body of Christ should parishioners expect that many circumstances now widely viewed as private are actually the communitys concern and are not to be held confidential Should their covenantal obligations include not only assisting those in need but disclosing needs

How pastors practice confidentiality will depend upon how each perceives the ministerial role at a given time in a given encounter Clear role definition is critical in deciding what is confidential and what is not Additionally a clear theological foundation which takes into account the pastoral needs and spiritual purposes of both the individual and the community is critical in deciding what is confidential and what is not Whatever ethic of confidentiality is embraced either publicly or in private assumptions it should have at its heart the concern of faithful integrity for the community the individuals within it (including the minister) and the gospel message It should reflect the covenant relationships which have brought the community into being for the glory of God From The Christian Century January 28 1998 pp 80-85 Portions of this article that relate to American law have been deleted to avoid confusion Reproduced with permission

Questions for reflection

1 What struck you from the article on confidentiality What is the key thought or idea for you fromthe article

2 lsquoUnlike professional counsellors clergy have a wide range of contacts with people through whichthey gain much information and knowledge about persons Such pervasive contact formal andinformal direct and indirect can make the boundaries of confidentiality unclear for both clergyand laityrsquoDo you agree with this statement Why why not How do you think the location of placement

8 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

(eg ruralsuburbancity) or the type of placement (eg congregationchaplaincyPresbyterySynod) would affect your understanding of this

3 How do you pay attention to boundaries to ensure you are as clear as possible aboutconfidentiality

4 The authorrsquos survey of clergy and congregations in America showed that most peoplersquos view ofconfidentiality has been primarily informed by a therapeutic understanding of confidentialityWhat has shaped your understanding of confidentiality What do you think has shaped the viewsof those you minister with

5 The author argues that the relationship between and individual member of the church and thecovenant relationship between the individual and the congregation should be considered whenthinking about confidentiality How well do you think this view fits with the Code of Ethicrsquosstatement that confidentiality shall not be breached except in particular circumstances (Code ofEthics 37 (d)) How do you navigate this

Ground Rules for Ethical Ministry Refresher discussions 1 Listen Hear what the other person is saying Let them finish talking Think before you respond

The same word or phrase may mean different things to different people so it may be helpful toask a question for clarification rather than making an assumption

2 Talk about yourself and your own experience You may ask questions of others but do notchallenge the validity of anotherrsquos personal experience or point of view Code of Ethics casestudies are meant to be used as tools for learning more about how the Code applies to our ownministry practice Sometimes discussions may need to hold a wide range of views and guidancemay be needed from the Facilitator to ensure that the spirit and intention of the Code of Ethics isbeing upheld in the discourse

3 Keep your comments brief and to the point so everyone has a chance to speak4 Do not generalise from your experience and feelings to the experience and feelings of others Let

people speak for themselves5 Do not attack or try to hurt or pass judgment on anyone whether or not they are present6 Treat this group session as a confidential conversation do not repeat elsewhere what is said

here7 Stay on topic8 Be responsible in discerning what material is appropriate for you to share in the wider group

what would be better suited to the lsquopaired sharingrsquo and what should be shared only with yoursupervisor

9 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Before you attend the Ethical Ministry Refresher please read the all the case studies below Choose one and answer the questions for reflection for that case study Come prepared to discuss the case study you choose in a small group

Case Study 1 You have recently become the chair of your Presbytery Pastoral Relations Committee (PRC) You are reading through minutes and reports to familiarise yourself with previous issues and the PRCrsquos ways of working One of the reports you read is a report of an investigation into sexual misconduct by a lay leader in a neighbouring congregation to the one you are minister of The report reveals that a current member of your congregation Sarah was one of the victims of the lay leader In your mind this makes sense of several things Sarah has said to you recently though she has not told you about the sexual misconduct

The next time you are having a pastoral conversation with Sarah she talks about how several men in her past have let her down You think she must be talking about the misconduct and find yourself wanting to tell Sarah you understand what she is talking about and to offer her reassurance that your congregation strives to be a safe community for all

Questions for reflection bull Can you say anything to Sarah about what you know about the misconductbull What are your ethical responsibilities as a minister in this situation To Sarah To the

Presbytery To the Perpetratorbull What guidance does 37 of the Code of Ethics provide you in thinkingbull Who if anyone are you able to discuss this situation with

Case Study 2 You are a chaplain at a Uniting Church school One day after a stressful couple of weeks at the school you go for a coffee at a cafeacute near the school with a group of colleagues After the stressful period itrsquos good to catch up and check in with each other Your colleagues start to tell stories about some of the amusing things that happen in the classroom describing different behaviour work and actions by students sometimes using their first names Itrsquos good for stress release to share these stories You notice some of the staff have their school name badges on and as you glance around the coffee shop you wonder if any parents are sitting at nearby tables and what you will say about your students given there is an unwritten expectation that everyone will have a story to share

Questions for reflection bull What do you share about the students in your classesbull What are your ethical responsibilities as a minister in this situation Are they any different from

your teacher colleaguesbull What guidance does 37 of the Code of Ethics provide you in thinkingbull How do you manage confidentiality in informal situations

10 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Case Study 3 You are in the last couple of months of your current placement after 9 years in the congregation At the end of your last Church Council meeting after everyone else has left the Chairperson asks about any notes you are leaving for the supply minister In particular they want to know if you are leaving some notes about a couple of complex pastoral situations where you are the only person in the congregation who knows the full picture One situation involves someone who is periodically homeless and can be disruptive in worship from time to time You know who the community support workers are that the person is connected to and how to contact the workers when needed The other is a recently bereaved person who is estranged from one of their children Their child is friends with some of your congregation members You are the only person the recently bereaved person has spoken to about the situation though their child has spoken to other people in the congregation

Questions for reflection bull How do you reply to the Church Council chairbull What is your view on leaving pastoral information about people you have provided pastoral care

to for a successor What types of information are you willing to provide if anybull How do Clauses 37 and 31 guide your reflection on this case study What obligation if any do

you have to respecting your successor

Case Study 4 Jane is a staff member at the Uniting Agewell facility where you are a chaplain You have provided a listening ear to Jane when she has needed someone at work to talk to Jane has recently moved to a new home at an address that is being kept secret after several years of Family Violence She has done this with the support of a specialist Family Violence service while you have provided pastoral support People and Culture have helped Jane find a job in another location One day not long after Jane left you see Frieda another colleague in the tearoom Frieda and Jane had worked for over a decade at the same facility and they appear to be close colleagues Frieda saying ldquoI know Jane has left her partner and moved home about time Irsquove lost the note I made of her new address can you give it to me pleaserdquo I want to catch up with her and see how she is doingrdquo

Questions for reflection bull What do you say to Friedabull What will you say to other staff and residents who ask if you know why Jane leftbull How do sections 37 and 35 (v) help you understand your ethical obligations in this case study

Case Study 5 You retired from ministry 12 years ago Until recently you enjoyed doing a couple of supply roles a year as well as weddings and funeral for friends and family You and your partner have decided that it is now time to slow down a little so you are not doing any more supply You are also downsizing from your family home to a smaller apartment You have lived in the house for about 25 years and it is full of paperwork and files from your placements as well as various committees you have served on As you pack up your home office and try to work out what to do with everything the pile of papers from your various placements and supply ministry build up In the pile are old sermons copies of marriage certificates you scanned and sent to Births Deaths and Marriages articles you planned to read notes

11 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

you made to help you prepare for funerals old phone messages minutes and notes taken at various committees and various pastoral notes As you look at the ever-growing pile of papers with all sorts of things jumbled up you contemplate just putting as much as you can in the council recycle bin You might even see if there is space in your neighbourrsquos bin tonight After all you think most of the important things are also stored on your personal computer

Questions for reflection bull What should you do with all the papers How does the Code of Ethics 37(e) guide your actionsbull Do you have a responsibility to maintain confidentiality over more than 25 yearsbull How do you maintain your records both paper and electronic securely and confidentiallybull How do you ensure you are only retaining records you are entitled to retain What do with

records you arenrsquot entitled to retain

Case Study 6 A Tongan minister has recently been accepted into the Uniting church In his first placement he was

called to a congregation where majority of the members are of Tongan background The minister would always assure and encouraged the congregation that his office was always open to discuss any issues the members could be going through After a few months Sione a father of four decided to talk to the minister about his relationship with his children Although they are all grown up they are not coming to church as often as Sione would have liked them to He was also concerned about his eldest son living together with his girlfriend (a single mother) on their own After the meeting with the minister Sione left with a sense of relief as he was able to talk openly about this issue and appreciated the prayer the minister offered for his family The following Sunday the minister mentioned in his sermon that someone came to him with family issues He used what they discussed with Sionersquos relationship with his children in his sermon Although there were no names mentioned specifically Sione was very disappointed and felt betrayed

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 help you understand your ethical responsibility

Case Study 7 You were a member of the Synod Committee for Counselling for six years concluding your term three years ago During that time you sat on several committee panels dealing with complaints of ministers breaching the Code of Ethics You are now a member of the Placements Committee (ACOMP) One of the vacancies being considered is a placement that neighbours your own placement You are hoping the two placements can form a closer more cooperative relationship Although no formal conversations have taken place yet there had been some informal conversation with the previous minister You are also hoping the minister who is called will be a good colleague to work with you on this Yoursquove discussed your hopes with Presbytery Minister Pastoral Care but have not had formal discussions with the Presbytery When Stephenrsquos name is suggested for the vacant placement you feel your stomach drop Stephen was one of the ministers who faced a complaint when you were on the Committee for Counselling The matter was resolved and Stephen participated fully in the process and completed

12 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

everything the Committee asked of him However you arenrsquot sure you could ever fully trust him as a colleague and you wonder how he will feel about working alongside you At first you sit very quietly when ACOMP discusses Stephenrsquos name Not long into the discussion you wonder if you have a conflict of interest but you arenrsquot sure

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 35(d) 31 and 32 help you understand your ethical

responsibilitybull How do you fulfil your obligation to keep information like this confidential for the rest of your

life

Case Study 8 You use a tablet and desk top computer for most things you need in ministry You are glad the days of hand-written notes are mostly over for you You have a password on both devices While you are the main user of the computer your children occasionally use it when they need to Mostly this happens when you are around but occasionally one of your children uses the computer while you are out Your children donrsquot have much trouble guessing the password you use the same one or two for nearly everything One day when one of your children uses your computer they find notes you have made in preparation for a funeral of family friend When you come home your child want to know about why you had never told them the friend had a child no one knew about except her brother

Questions for reflection bull What do you say to your child How much more of the situation can you share with your child as

they only know the one basic fact while you know more about the situationbull Does the fact that the funeral is for a family friend change your ethical responsibilitybull What will you do if child tells others what they have learntbull What could you do in the future to better secure your electronic recordsbull What guidance does 37 of the Code of Ethics provide you in thinking

The case studies in this program are an amalgam of case studies provided by ministry agents from a variety of contexts across the Uniting Church Thank you to all those who provided case studies

4 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Pre-Reading Before you attend the Ethical Ministry Refresher please read the article on confidentiality provided with this outline Come prepared to discuss your reflections in a small group discussion While this article refers to clergy and pastors all people in ministry covered by the Code of Ethics are invited to reflect on how the issues discussed in this article relate to the ethical exercise of their ministry

Confidentiality in the church What the pastor knows and tells

by D Elizabeth Audette

Conflict can occur both within a congregation and in relation to secular laws governing mandated reporting when the clergypersons practice of confidentiality is significantly different from members expectations Such conflict need not always involve dramatic and acute cases such as child abuse The occasion can be as simple and as chronic as Mrs Smiths reprimanding me because I failed to mention from the pulpit that her husband was in the hospital even though she knew her husband had asked me to say nothing about it She believes that such matters should be disclosed to the congregation that all may pray for the afflicted and that it is the pastors responsibility to make such public disclosures Thus she did not say anything during the portion of the service in which people share their joys and concerns nor did she ask me ahead of time to mention her husbands condition

How do clergy judge what is confidential and what is not in their day-to-day ministry Who decides what is confidential What happens when definitions conflict both in and out of the church What kind of practice of confidentiality helps build the community of Christ The obvious place to begin answering these questions is with church regulations (for the Uniting Church is the Code of Ethics)

The following factors can also help the setting in which the information is disclosed the type of information disclosed the purpose of disclosing the information and to whom the information is disclosed

Setting The key question about the setting of a disclosure is whether it is public or privatehellip For instance the clergyperson who is told at coffee hour by Mr White that Mr White held up a bank could not claim in court that such information was given in confidence However were such information conveyed in a conversation in a hospital room during which no one else entered the room one could argue that the exchange was intended to be confidential Similarly meeting in the pastors office with the door closed establishes the privacy necessary to claim confidentiality Leaving the door open may not

Type Whether or not information conveyed implies harm to the discloser or another person is the most important issue concerning the type of information disclosed Moral justifications for confidentiality in the secular world are generally based upon arguments concerning the common good Because a presumption of confidentiality protects an individuals right to self-government personal freedom and autonomy it is widely judged necessary to the orderly working of society however there are limits on personal freedom Social ethics views intentions to harm the self or another person as detrimental to the common good Therefore disclosures involving such possible harm even if made within confidential settings dont have to be treated confidentially Like any professional who must work within bounds set

5 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

by professional ethics the clergyperson must determine the limits of his or her confidentiality obligations Shall I promise confidentiality to all individuals regardless of what the person tells me Am I obligated to keep confidential information that puts another person in harms way such as a threat to kill a person Shall I keep confidential information that threatens the integrity of the worshiping community or the safety of the gathered people Should for instance a pastor keep confidential the confession of a colleague who says he lied about his credentials to secure a pastorate Once such limits are determined and defined pastors must then decide how best to communicate those limits in confidential settings Although it can be an awkward way to begin a conversation with a parishioner I have at times found it necessary to say I shall do my best to keep confidential what you tell me However if you disclose something to me that is illegal or puts yourself or another person in harms way I will be morally obligated to help you or protect another person even if that means telling what youve told me I do not know how many disclosures I have discouraged through such a disclaimer I do know that it has not prevented some significant disclosures including one in which the person confessed to sexually abusing a child hellip

To Whom Disclosures Are Made Is an ethic of confidentiality an issue only for ordained clergy or is it also an issue for all members who take a leadership role within the church

Any discussion of confidentiality can be approached from a number of perspectives legal professional ethical ecclesiastical or theological That these perspectives give different weight and priority to the four factors just discussed further complicates matters For instance how does one treat disclosures made in churches that practice public confession in front of the congregation Is the Protestant doctrine of the priesthood of all believers relevant at all to issues of confidentiality

Within such traditions are disclosures made privately between laypeople considered confidential and if so by whommdashclergy laity the courts If a person spontaneously confesses a sensitive matter to a Bible study class seeking the forgiveness of God through the group what level of confidentiality does that disclosure warrant

HOW DOES a clergyperson treat general information received from a parishioner at the grocery store and does it change anything if the discloser is not a parishioner While the question of what to do with information about harm done to a child or an elderly person is important it is the myriad of more mundane questions such as these that are more likely to have an effect on the churchs day-today ministry

Given the complexity and pervasiveness of confidentiality issues in the church clarity about clergy practice and a congregations assumptionsmdashtheological and proceduralmdashis important Such clarity will build the community by fostering trust between parishioners and clergy as well as between the individuals in the worshiping community It will also allow the church to develop an ethic of confidentiality that is spiritually and ecclesially based Without such clarity secular models of confidentiality will prevail

A recent survey I conducted of 300 Congregational clergy and laity uncovered some assumptions about confidentiality No members of the group articulated ecclesial or theological grounds for their assumptions Instead their views were informed by a therapeutic model Both clergy and laity regarded the clergyperson as a counsellor along the lines of secular counsellors or psychologists

Confidentiality then became a matter of professional (counselling) ethicsmdashwith one difference Unlike secular counsellors or psychologists who see clients in well-defined professional settings most of those

6 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

surveyed assumed that anything told to a clergyperson anywhere should be treated confidentially regardless of the circumstances of the disclosure

Assumptions about confidentiality held by a clergyperson or a worshiping community have significant implications for community life When therapeutic norms borrowed from professional ethics (as serviceable as they might be) become dominant in the church the unique character of the church as a gathered people covenanted in Christ is compromised The therapeutic ethic relies largely on a contract model of a professional-client relationship confidentiality is based on the dual needs of respecting the individual and preserving the character of relationships This approach does not encourage the appropriate sharing of information within the community by which the gathered people might be responsible to and for each other While clergy at times counsel individuals they also bear responsibility for the welfare of the worshiping community as a whole In their teaching preaching and administrative roles clergy recognize that the church is more than a group of individuals The church is a community with its own culture and beliefs transcending the individuals within it and creating a common good An ethic of confidentiality grounded in ecclesiology will care for the good of the community as well as the good of the individuals within it It will provide a congregational basis for building trust between individualsmdashcrucial to building up the communitymdash and will help determine the kind of community a congregation becomes

What would an adequate ecclesial ethic of confidentiality look like Not all observers agree with my survey group which believes that all things told to the pastor should be held as confidential William H Willimon has argued for a re-examination of privacy and confidentiality in the ministry and has asked whether confidentiality doesnt often undermine the churchs ability to provide pastoral care and flourish as a community (CHRISTIAN CENTURY October 31 1990) While some assurance of confidentiality is needed to build trust in a community people like Jim Kok wonder how others can support challenge pray for weep with give help to advise and confront with an aim toward healing if they do not know what is happening (Christianity Today July 17 1981) In other words how does one build and live in the intimacy of community if nothing is disclosable

IN THE END each religious tradition must develop its own ethic of confidentiality rooted in its own doctrines and practice However all traditions may find that the idea of covenantal relationships can help to frame the issues for both individuals and communities Within a covenantal community called into being through Gods word and spirit relationships between believers and God and between individual believers are based upon faithful promises made to each other which promote Gods spiritual and temporal purposes for humanity Theories and practices of confidentiality based only on secular professional ethics or legal norms are not adequate for covenantal understandings of the church in which the communityrsquos relationship to God is primary

Unlike professional counsellors clergy have a wide range of contacts with people through which they gain much information and knowledge about persons Such pervasive contact formal and informal direct and indirect can make the boundaries of confidentiality unclear for both clergy and laity Additionally clergy often find themselves in a bind disclosure of information could be helpful to the welfare of the community but may also be contrary to the wishes of the individual who gave the information

Consider A parishioner who lost his job comes to the pastor to express his anger at the company for terminating him and at God for abandoning him Already his lack of income threatens the security and stability of his family which includes a wife and two children Hersquos behind in mortgage payments the

7 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

children have outgrown last yearrsquos winter clothing and need more and there is barely enough money for groceries In the process of dealing with the mans fear anger and shame the pastor suggests that the deacons can help ease the economic burden while he looks for work The man refuses and insists that the pastor tell no one about his situation Ive never accepted charity from anyone No one is responsible for my family but me he declares

Several covenantal questions assert themselves Does the protection of the mans individualistic sense of self-reliance take priority over the communitys belief that God calls them to care for people in need Does it take priority over the corporate welfare of the rest of his family Does respect for the individuals wish for confidentiality impede the churchs pastoral function of embodying Gods love Where is God located in this dilemma If the pastor chooses to honour the mans request for confidentiality at what point is the pastor released from that obligation as the information inevitably makes its way through the grapevine And when someone inevitably comes up to the pastor and asks Have you heard What can we do to help at what point does the pastor finally say Yes I know and what advice can he or she faithfully dispense Perhaps the church should have its own understanding of what is private and what is public knowledge

More fundamentally what covenantal obligations do community members share as participants in a particular community As members of the body of Christ should parishioners expect that many circumstances now widely viewed as private are actually the communitys concern and are not to be held confidential Should their covenantal obligations include not only assisting those in need but disclosing needs

How pastors practice confidentiality will depend upon how each perceives the ministerial role at a given time in a given encounter Clear role definition is critical in deciding what is confidential and what is not Additionally a clear theological foundation which takes into account the pastoral needs and spiritual purposes of both the individual and the community is critical in deciding what is confidential and what is not Whatever ethic of confidentiality is embraced either publicly or in private assumptions it should have at its heart the concern of faithful integrity for the community the individuals within it (including the minister) and the gospel message It should reflect the covenant relationships which have brought the community into being for the glory of God From The Christian Century January 28 1998 pp 80-85 Portions of this article that relate to American law have been deleted to avoid confusion Reproduced with permission

Questions for reflection

1 What struck you from the article on confidentiality What is the key thought or idea for you fromthe article

2 lsquoUnlike professional counsellors clergy have a wide range of contacts with people through whichthey gain much information and knowledge about persons Such pervasive contact formal andinformal direct and indirect can make the boundaries of confidentiality unclear for both clergyand laityrsquoDo you agree with this statement Why why not How do you think the location of placement

8 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

(eg ruralsuburbancity) or the type of placement (eg congregationchaplaincyPresbyterySynod) would affect your understanding of this

3 How do you pay attention to boundaries to ensure you are as clear as possible aboutconfidentiality

4 The authorrsquos survey of clergy and congregations in America showed that most peoplersquos view ofconfidentiality has been primarily informed by a therapeutic understanding of confidentialityWhat has shaped your understanding of confidentiality What do you think has shaped the viewsof those you minister with

5 The author argues that the relationship between and individual member of the church and thecovenant relationship between the individual and the congregation should be considered whenthinking about confidentiality How well do you think this view fits with the Code of Ethicrsquosstatement that confidentiality shall not be breached except in particular circumstances (Code ofEthics 37 (d)) How do you navigate this

Ground Rules for Ethical Ministry Refresher discussions 1 Listen Hear what the other person is saying Let them finish talking Think before you respond

The same word or phrase may mean different things to different people so it may be helpful toask a question for clarification rather than making an assumption

2 Talk about yourself and your own experience You may ask questions of others but do notchallenge the validity of anotherrsquos personal experience or point of view Code of Ethics casestudies are meant to be used as tools for learning more about how the Code applies to our ownministry practice Sometimes discussions may need to hold a wide range of views and guidancemay be needed from the Facilitator to ensure that the spirit and intention of the Code of Ethics isbeing upheld in the discourse

3 Keep your comments brief and to the point so everyone has a chance to speak4 Do not generalise from your experience and feelings to the experience and feelings of others Let

people speak for themselves5 Do not attack or try to hurt or pass judgment on anyone whether or not they are present6 Treat this group session as a confidential conversation do not repeat elsewhere what is said

here7 Stay on topic8 Be responsible in discerning what material is appropriate for you to share in the wider group

what would be better suited to the lsquopaired sharingrsquo and what should be shared only with yoursupervisor

9 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Before you attend the Ethical Ministry Refresher please read the all the case studies below Choose one and answer the questions for reflection for that case study Come prepared to discuss the case study you choose in a small group

Case Study 1 You have recently become the chair of your Presbytery Pastoral Relations Committee (PRC) You are reading through minutes and reports to familiarise yourself with previous issues and the PRCrsquos ways of working One of the reports you read is a report of an investigation into sexual misconduct by a lay leader in a neighbouring congregation to the one you are minister of The report reveals that a current member of your congregation Sarah was one of the victims of the lay leader In your mind this makes sense of several things Sarah has said to you recently though she has not told you about the sexual misconduct

The next time you are having a pastoral conversation with Sarah she talks about how several men in her past have let her down You think she must be talking about the misconduct and find yourself wanting to tell Sarah you understand what she is talking about and to offer her reassurance that your congregation strives to be a safe community for all

Questions for reflection bull Can you say anything to Sarah about what you know about the misconductbull What are your ethical responsibilities as a minister in this situation To Sarah To the

Presbytery To the Perpetratorbull What guidance does 37 of the Code of Ethics provide you in thinkingbull Who if anyone are you able to discuss this situation with

Case Study 2 You are a chaplain at a Uniting Church school One day after a stressful couple of weeks at the school you go for a coffee at a cafeacute near the school with a group of colleagues After the stressful period itrsquos good to catch up and check in with each other Your colleagues start to tell stories about some of the amusing things that happen in the classroom describing different behaviour work and actions by students sometimes using their first names Itrsquos good for stress release to share these stories You notice some of the staff have their school name badges on and as you glance around the coffee shop you wonder if any parents are sitting at nearby tables and what you will say about your students given there is an unwritten expectation that everyone will have a story to share

Questions for reflection bull What do you share about the students in your classesbull What are your ethical responsibilities as a minister in this situation Are they any different from

your teacher colleaguesbull What guidance does 37 of the Code of Ethics provide you in thinkingbull How do you manage confidentiality in informal situations

10 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Case Study 3 You are in the last couple of months of your current placement after 9 years in the congregation At the end of your last Church Council meeting after everyone else has left the Chairperson asks about any notes you are leaving for the supply minister In particular they want to know if you are leaving some notes about a couple of complex pastoral situations where you are the only person in the congregation who knows the full picture One situation involves someone who is periodically homeless and can be disruptive in worship from time to time You know who the community support workers are that the person is connected to and how to contact the workers when needed The other is a recently bereaved person who is estranged from one of their children Their child is friends with some of your congregation members You are the only person the recently bereaved person has spoken to about the situation though their child has spoken to other people in the congregation

Questions for reflection bull How do you reply to the Church Council chairbull What is your view on leaving pastoral information about people you have provided pastoral care

to for a successor What types of information are you willing to provide if anybull How do Clauses 37 and 31 guide your reflection on this case study What obligation if any do

you have to respecting your successor

Case Study 4 Jane is a staff member at the Uniting Agewell facility where you are a chaplain You have provided a listening ear to Jane when she has needed someone at work to talk to Jane has recently moved to a new home at an address that is being kept secret after several years of Family Violence She has done this with the support of a specialist Family Violence service while you have provided pastoral support People and Culture have helped Jane find a job in another location One day not long after Jane left you see Frieda another colleague in the tearoom Frieda and Jane had worked for over a decade at the same facility and they appear to be close colleagues Frieda saying ldquoI know Jane has left her partner and moved home about time Irsquove lost the note I made of her new address can you give it to me pleaserdquo I want to catch up with her and see how she is doingrdquo

Questions for reflection bull What do you say to Friedabull What will you say to other staff and residents who ask if you know why Jane leftbull How do sections 37 and 35 (v) help you understand your ethical obligations in this case study

Case Study 5 You retired from ministry 12 years ago Until recently you enjoyed doing a couple of supply roles a year as well as weddings and funeral for friends and family You and your partner have decided that it is now time to slow down a little so you are not doing any more supply You are also downsizing from your family home to a smaller apartment You have lived in the house for about 25 years and it is full of paperwork and files from your placements as well as various committees you have served on As you pack up your home office and try to work out what to do with everything the pile of papers from your various placements and supply ministry build up In the pile are old sermons copies of marriage certificates you scanned and sent to Births Deaths and Marriages articles you planned to read notes

11 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

you made to help you prepare for funerals old phone messages minutes and notes taken at various committees and various pastoral notes As you look at the ever-growing pile of papers with all sorts of things jumbled up you contemplate just putting as much as you can in the council recycle bin You might even see if there is space in your neighbourrsquos bin tonight After all you think most of the important things are also stored on your personal computer

Questions for reflection bull What should you do with all the papers How does the Code of Ethics 37(e) guide your actionsbull Do you have a responsibility to maintain confidentiality over more than 25 yearsbull How do you maintain your records both paper and electronic securely and confidentiallybull How do you ensure you are only retaining records you are entitled to retain What do with

records you arenrsquot entitled to retain

Case Study 6 A Tongan minister has recently been accepted into the Uniting church In his first placement he was

called to a congregation where majority of the members are of Tongan background The minister would always assure and encouraged the congregation that his office was always open to discuss any issues the members could be going through After a few months Sione a father of four decided to talk to the minister about his relationship with his children Although they are all grown up they are not coming to church as often as Sione would have liked them to He was also concerned about his eldest son living together with his girlfriend (a single mother) on their own After the meeting with the minister Sione left with a sense of relief as he was able to talk openly about this issue and appreciated the prayer the minister offered for his family The following Sunday the minister mentioned in his sermon that someone came to him with family issues He used what they discussed with Sionersquos relationship with his children in his sermon Although there were no names mentioned specifically Sione was very disappointed and felt betrayed

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 help you understand your ethical responsibility

Case Study 7 You were a member of the Synod Committee for Counselling for six years concluding your term three years ago During that time you sat on several committee panels dealing with complaints of ministers breaching the Code of Ethics You are now a member of the Placements Committee (ACOMP) One of the vacancies being considered is a placement that neighbours your own placement You are hoping the two placements can form a closer more cooperative relationship Although no formal conversations have taken place yet there had been some informal conversation with the previous minister You are also hoping the minister who is called will be a good colleague to work with you on this Yoursquove discussed your hopes with Presbytery Minister Pastoral Care but have not had formal discussions with the Presbytery When Stephenrsquos name is suggested for the vacant placement you feel your stomach drop Stephen was one of the ministers who faced a complaint when you were on the Committee for Counselling The matter was resolved and Stephen participated fully in the process and completed

12 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

everything the Committee asked of him However you arenrsquot sure you could ever fully trust him as a colleague and you wonder how he will feel about working alongside you At first you sit very quietly when ACOMP discusses Stephenrsquos name Not long into the discussion you wonder if you have a conflict of interest but you arenrsquot sure

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 35(d) 31 and 32 help you understand your ethical

responsibilitybull How do you fulfil your obligation to keep information like this confidential for the rest of your

life

Case Study 8 You use a tablet and desk top computer for most things you need in ministry You are glad the days of hand-written notes are mostly over for you You have a password on both devices While you are the main user of the computer your children occasionally use it when they need to Mostly this happens when you are around but occasionally one of your children uses the computer while you are out Your children donrsquot have much trouble guessing the password you use the same one or two for nearly everything One day when one of your children uses your computer they find notes you have made in preparation for a funeral of family friend When you come home your child want to know about why you had never told them the friend had a child no one knew about except her brother

Questions for reflection bull What do you say to your child How much more of the situation can you share with your child as

they only know the one basic fact while you know more about the situationbull Does the fact that the funeral is for a family friend change your ethical responsibilitybull What will you do if child tells others what they have learntbull What could you do in the future to better secure your electronic recordsbull What guidance does 37 of the Code of Ethics provide you in thinking

The case studies in this program are an amalgam of case studies provided by ministry agents from a variety of contexts across the Uniting Church Thank you to all those who provided case studies

5 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

by professional ethics the clergyperson must determine the limits of his or her confidentiality obligations Shall I promise confidentiality to all individuals regardless of what the person tells me Am I obligated to keep confidential information that puts another person in harms way such as a threat to kill a person Shall I keep confidential information that threatens the integrity of the worshiping community or the safety of the gathered people Should for instance a pastor keep confidential the confession of a colleague who says he lied about his credentials to secure a pastorate Once such limits are determined and defined pastors must then decide how best to communicate those limits in confidential settings Although it can be an awkward way to begin a conversation with a parishioner I have at times found it necessary to say I shall do my best to keep confidential what you tell me However if you disclose something to me that is illegal or puts yourself or another person in harms way I will be morally obligated to help you or protect another person even if that means telling what youve told me I do not know how many disclosures I have discouraged through such a disclaimer I do know that it has not prevented some significant disclosures including one in which the person confessed to sexually abusing a child hellip

To Whom Disclosures Are Made Is an ethic of confidentiality an issue only for ordained clergy or is it also an issue for all members who take a leadership role within the church

Any discussion of confidentiality can be approached from a number of perspectives legal professional ethical ecclesiastical or theological That these perspectives give different weight and priority to the four factors just discussed further complicates matters For instance how does one treat disclosures made in churches that practice public confession in front of the congregation Is the Protestant doctrine of the priesthood of all believers relevant at all to issues of confidentiality

Within such traditions are disclosures made privately between laypeople considered confidential and if so by whommdashclergy laity the courts If a person spontaneously confesses a sensitive matter to a Bible study class seeking the forgiveness of God through the group what level of confidentiality does that disclosure warrant

HOW DOES a clergyperson treat general information received from a parishioner at the grocery store and does it change anything if the discloser is not a parishioner While the question of what to do with information about harm done to a child or an elderly person is important it is the myriad of more mundane questions such as these that are more likely to have an effect on the churchs day-today ministry

Given the complexity and pervasiveness of confidentiality issues in the church clarity about clergy practice and a congregations assumptionsmdashtheological and proceduralmdashis important Such clarity will build the community by fostering trust between parishioners and clergy as well as between the individuals in the worshiping community It will also allow the church to develop an ethic of confidentiality that is spiritually and ecclesially based Without such clarity secular models of confidentiality will prevail

A recent survey I conducted of 300 Congregational clergy and laity uncovered some assumptions about confidentiality No members of the group articulated ecclesial or theological grounds for their assumptions Instead their views were informed by a therapeutic model Both clergy and laity regarded the clergyperson as a counsellor along the lines of secular counsellors or psychologists

Confidentiality then became a matter of professional (counselling) ethicsmdashwith one difference Unlike secular counsellors or psychologists who see clients in well-defined professional settings most of those

6 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

surveyed assumed that anything told to a clergyperson anywhere should be treated confidentially regardless of the circumstances of the disclosure

Assumptions about confidentiality held by a clergyperson or a worshiping community have significant implications for community life When therapeutic norms borrowed from professional ethics (as serviceable as they might be) become dominant in the church the unique character of the church as a gathered people covenanted in Christ is compromised The therapeutic ethic relies largely on a contract model of a professional-client relationship confidentiality is based on the dual needs of respecting the individual and preserving the character of relationships This approach does not encourage the appropriate sharing of information within the community by which the gathered people might be responsible to and for each other While clergy at times counsel individuals they also bear responsibility for the welfare of the worshiping community as a whole In their teaching preaching and administrative roles clergy recognize that the church is more than a group of individuals The church is a community with its own culture and beliefs transcending the individuals within it and creating a common good An ethic of confidentiality grounded in ecclesiology will care for the good of the community as well as the good of the individuals within it It will provide a congregational basis for building trust between individualsmdashcrucial to building up the communitymdash and will help determine the kind of community a congregation becomes

What would an adequate ecclesial ethic of confidentiality look like Not all observers agree with my survey group which believes that all things told to the pastor should be held as confidential William H Willimon has argued for a re-examination of privacy and confidentiality in the ministry and has asked whether confidentiality doesnt often undermine the churchs ability to provide pastoral care and flourish as a community (CHRISTIAN CENTURY October 31 1990) While some assurance of confidentiality is needed to build trust in a community people like Jim Kok wonder how others can support challenge pray for weep with give help to advise and confront with an aim toward healing if they do not know what is happening (Christianity Today July 17 1981) In other words how does one build and live in the intimacy of community if nothing is disclosable

IN THE END each religious tradition must develop its own ethic of confidentiality rooted in its own doctrines and practice However all traditions may find that the idea of covenantal relationships can help to frame the issues for both individuals and communities Within a covenantal community called into being through Gods word and spirit relationships between believers and God and between individual believers are based upon faithful promises made to each other which promote Gods spiritual and temporal purposes for humanity Theories and practices of confidentiality based only on secular professional ethics or legal norms are not adequate for covenantal understandings of the church in which the communityrsquos relationship to God is primary

Unlike professional counsellors clergy have a wide range of contacts with people through which they gain much information and knowledge about persons Such pervasive contact formal and informal direct and indirect can make the boundaries of confidentiality unclear for both clergy and laity Additionally clergy often find themselves in a bind disclosure of information could be helpful to the welfare of the community but may also be contrary to the wishes of the individual who gave the information

Consider A parishioner who lost his job comes to the pastor to express his anger at the company for terminating him and at God for abandoning him Already his lack of income threatens the security and stability of his family which includes a wife and two children Hersquos behind in mortgage payments the

7 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

children have outgrown last yearrsquos winter clothing and need more and there is barely enough money for groceries In the process of dealing with the mans fear anger and shame the pastor suggests that the deacons can help ease the economic burden while he looks for work The man refuses and insists that the pastor tell no one about his situation Ive never accepted charity from anyone No one is responsible for my family but me he declares

Several covenantal questions assert themselves Does the protection of the mans individualistic sense of self-reliance take priority over the communitys belief that God calls them to care for people in need Does it take priority over the corporate welfare of the rest of his family Does respect for the individuals wish for confidentiality impede the churchs pastoral function of embodying Gods love Where is God located in this dilemma If the pastor chooses to honour the mans request for confidentiality at what point is the pastor released from that obligation as the information inevitably makes its way through the grapevine And when someone inevitably comes up to the pastor and asks Have you heard What can we do to help at what point does the pastor finally say Yes I know and what advice can he or she faithfully dispense Perhaps the church should have its own understanding of what is private and what is public knowledge

More fundamentally what covenantal obligations do community members share as participants in a particular community As members of the body of Christ should parishioners expect that many circumstances now widely viewed as private are actually the communitys concern and are not to be held confidential Should their covenantal obligations include not only assisting those in need but disclosing needs

How pastors practice confidentiality will depend upon how each perceives the ministerial role at a given time in a given encounter Clear role definition is critical in deciding what is confidential and what is not Additionally a clear theological foundation which takes into account the pastoral needs and spiritual purposes of both the individual and the community is critical in deciding what is confidential and what is not Whatever ethic of confidentiality is embraced either publicly or in private assumptions it should have at its heart the concern of faithful integrity for the community the individuals within it (including the minister) and the gospel message It should reflect the covenant relationships which have brought the community into being for the glory of God From The Christian Century January 28 1998 pp 80-85 Portions of this article that relate to American law have been deleted to avoid confusion Reproduced with permission

Questions for reflection

1 What struck you from the article on confidentiality What is the key thought or idea for you fromthe article

2 lsquoUnlike professional counsellors clergy have a wide range of contacts with people through whichthey gain much information and knowledge about persons Such pervasive contact formal andinformal direct and indirect can make the boundaries of confidentiality unclear for both clergyand laityrsquoDo you agree with this statement Why why not How do you think the location of placement

8 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

(eg ruralsuburbancity) or the type of placement (eg congregationchaplaincyPresbyterySynod) would affect your understanding of this

3 How do you pay attention to boundaries to ensure you are as clear as possible aboutconfidentiality

4 The authorrsquos survey of clergy and congregations in America showed that most peoplersquos view ofconfidentiality has been primarily informed by a therapeutic understanding of confidentialityWhat has shaped your understanding of confidentiality What do you think has shaped the viewsof those you minister with

5 The author argues that the relationship between and individual member of the church and thecovenant relationship between the individual and the congregation should be considered whenthinking about confidentiality How well do you think this view fits with the Code of Ethicrsquosstatement that confidentiality shall not be breached except in particular circumstances (Code ofEthics 37 (d)) How do you navigate this

Ground Rules for Ethical Ministry Refresher discussions 1 Listen Hear what the other person is saying Let them finish talking Think before you respond

The same word or phrase may mean different things to different people so it may be helpful toask a question for clarification rather than making an assumption

2 Talk about yourself and your own experience You may ask questions of others but do notchallenge the validity of anotherrsquos personal experience or point of view Code of Ethics casestudies are meant to be used as tools for learning more about how the Code applies to our ownministry practice Sometimes discussions may need to hold a wide range of views and guidancemay be needed from the Facilitator to ensure that the spirit and intention of the Code of Ethics isbeing upheld in the discourse

3 Keep your comments brief and to the point so everyone has a chance to speak4 Do not generalise from your experience and feelings to the experience and feelings of others Let

people speak for themselves5 Do not attack or try to hurt or pass judgment on anyone whether or not they are present6 Treat this group session as a confidential conversation do not repeat elsewhere what is said

here7 Stay on topic8 Be responsible in discerning what material is appropriate for you to share in the wider group

what would be better suited to the lsquopaired sharingrsquo and what should be shared only with yoursupervisor

9 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Before you attend the Ethical Ministry Refresher please read the all the case studies below Choose one and answer the questions for reflection for that case study Come prepared to discuss the case study you choose in a small group

Case Study 1 You have recently become the chair of your Presbytery Pastoral Relations Committee (PRC) You are reading through minutes and reports to familiarise yourself with previous issues and the PRCrsquos ways of working One of the reports you read is a report of an investigation into sexual misconduct by a lay leader in a neighbouring congregation to the one you are minister of The report reveals that a current member of your congregation Sarah was one of the victims of the lay leader In your mind this makes sense of several things Sarah has said to you recently though she has not told you about the sexual misconduct

The next time you are having a pastoral conversation with Sarah she talks about how several men in her past have let her down You think she must be talking about the misconduct and find yourself wanting to tell Sarah you understand what she is talking about and to offer her reassurance that your congregation strives to be a safe community for all

Questions for reflection bull Can you say anything to Sarah about what you know about the misconductbull What are your ethical responsibilities as a minister in this situation To Sarah To the

Presbytery To the Perpetratorbull What guidance does 37 of the Code of Ethics provide you in thinkingbull Who if anyone are you able to discuss this situation with

Case Study 2 You are a chaplain at a Uniting Church school One day after a stressful couple of weeks at the school you go for a coffee at a cafeacute near the school with a group of colleagues After the stressful period itrsquos good to catch up and check in with each other Your colleagues start to tell stories about some of the amusing things that happen in the classroom describing different behaviour work and actions by students sometimes using their first names Itrsquos good for stress release to share these stories You notice some of the staff have their school name badges on and as you glance around the coffee shop you wonder if any parents are sitting at nearby tables and what you will say about your students given there is an unwritten expectation that everyone will have a story to share

Questions for reflection bull What do you share about the students in your classesbull What are your ethical responsibilities as a minister in this situation Are they any different from

your teacher colleaguesbull What guidance does 37 of the Code of Ethics provide you in thinkingbull How do you manage confidentiality in informal situations

10 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Case Study 3 You are in the last couple of months of your current placement after 9 years in the congregation At the end of your last Church Council meeting after everyone else has left the Chairperson asks about any notes you are leaving for the supply minister In particular they want to know if you are leaving some notes about a couple of complex pastoral situations where you are the only person in the congregation who knows the full picture One situation involves someone who is periodically homeless and can be disruptive in worship from time to time You know who the community support workers are that the person is connected to and how to contact the workers when needed The other is a recently bereaved person who is estranged from one of their children Their child is friends with some of your congregation members You are the only person the recently bereaved person has spoken to about the situation though their child has spoken to other people in the congregation

Questions for reflection bull How do you reply to the Church Council chairbull What is your view on leaving pastoral information about people you have provided pastoral care

to for a successor What types of information are you willing to provide if anybull How do Clauses 37 and 31 guide your reflection on this case study What obligation if any do

you have to respecting your successor

Case Study 4 Jane is a staff member at the Uniting Agewell facility where you are a chaplain You have provided a listening ear to Jane when she has needed someone at work to talk to Jane has recently moved to a new home at an address that is being kept secret after several years of Family Violence She has done this with the support of a specialist Family Violence service while you have provided pastoral support People and Culture have helped Jane find a job in another location One day not long after Jane left you see Frieda another colleague in the tearoom Frieda and Jane had worked for over a decade at the same facility and they appear to be close colleagues Frieda saying ldquoI know Jane has left her partner and moved home about time Irsquove lost the note I made of her new address can you give it to me pleaserdquo I want to catch up with her and see how she is doingrdquo

Questions for reflection bull What do you say to Friedabull What will you say to other staff and residents who ask if you know why Jane leftbull How do sections 37 and 35 (v) help you understand your ethical obligations in this case study

Case Study 5 You retired from ministry 12 years ago Until recently you enjoyed doing a couple of supply roles a year as well as weddings and funeral for friends and family You and your partner have decided that it is now time to slow down a little so you are not doing any more supply You are also downsizing from your family home to a smaller apartment You have lived in the house for about 25 years and it is full of paperwork and files from your placements as well as various committees you have served on As you pack up your home office and try to work out what to do with everything the pile of papers from your various placements and supply ministry build up In the pile are old sermons copies of marriage certificates you scanned and sent to Births Deaths and Marriages articles you planned to read notes

11 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

you made to help you prepare for funerals old phone messages minutes and notes taken at various committees and various pastoral notes As you look at the ever-growing pile of papers with all sorts of things jumbled up you contemplate just putting as much as you can in the council recycle bin You might even see if there is space in your neighbourrsquos bin tonight After all you think most of the important things are also stored on your personal computer

Questions for reflection bull What should you do with all the papers How does the Code of Ethics 37(e) guide your actionsbull Do you have a responsibility to maintain confidentiality over more than 25 yearsbull How do you maintain your records both paper and electronic securely and confidentiallybull How do you ensure you are only retaining records you are entitled to retain What do with

records you arenrsquot entitled to retain

Case Study 6 A Tongan minister has recently been accepted into the Uniting church In his first placement he was

called to a congregation where majority of the members are of Tongan background The minister would always assure and encouraged the congregation that his office was always open to discuss any issues the members could be going through After a few months Sione a father of four decided to talk to the minister about his relationship with his children Although they are all grown up they are not coming to church as often as Sione would have liked them to He was also concerned about his eldest son living together with his girlfriend (a single mother) on their own After the meeting with the minister Sione left with a sense of relief as he was able to talk openly about this issue and appreciated the prayer the minister offered for his family The following Sunday the minister mentioned in his sermon that someone came to him with family issues He used what they discussed with Sionersquos relationship with his children in his sermon Although there were no names mentioned specifically Sione was very disappointed and felt betrayed

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 help you understand your ethical responsibility

Case Study 7 You were a member of the Synod Committee for Counselling for six years concluding your term three years ago During that time you sat on several committee panels dealing with complaints of ministers breaching the Code of Ethics You are now a member of the Placements Committee (ACOMP) One of the vacancies being considered is a placement that neighbours your own placement You are hoping the two placements can form a closer more cooperative relationship Although no formal conversations have taken place yet there had been some informal conversation with the previous minister You are also hoping the minister who is called will be a good colleague to work with you on this Yoursquove discussed your hopes with Presbytery Minister Pastoral Care but have not had formal discussions with the Presbytery When Stephenrsquos name is suggested for the vacant placement you feel your stomach drop Stephen was one of the ministers who faced a complaint when you were on the Committee for Counselling The matter was resolved and Stephen participated fully in the process and completed

12 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

everything the Committee asked of him However you arenrsquot sure you could ever fully trust him as a colleague and you wonder how he will feel about working alongside you At first you sit very quietly when ACOMP discusses Stephenrsquos name Not long into the discussion you wonder if you have a conflict of interest but you arenrsquot sure

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 35(d) 31 and 32 help you understand your ethical

responsibilitybull How do you fulfil your obligation to keep information like this confidential for the rest of your

life

Case Study 8 You use a tablet and desk top computer for most things you need in ministry You are glad the days of hand-written notes are mostly over for you You have a password on both devices While you are the main user of the computer your children occasionally use it when they need to Mostly this happens when you are around but occasionally one of your children uses the computer while you are out Your children donrsquot have much trouble guessing the password you use the same one or two for nearly everything One day when one of your children uses your computer they find notes you have made in preparation for a funeral of family friend When you come home your child want to know about why you had never told them the friend had a child no one knew about except her brother

Questions for reflection bull What do you say to your child How much more of the situation can you share with your child as

they only know the one basic fact while you know more about the situationbull Does the fact that the funeral is for a family friend change your ethical responsibilitybull What will you do if child tells others what they have learntbull What could you do in the future to better secure your electronic recordsbull What guidance does 37 of the Code of Ethics provide you in thinking

The case studies in this program are an amalgam of case studies provided by ministry agents from a variety of contexts across the Uniting Church Thank you to all those who provided case studies

6 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

surveyed assumed that anything told to a clergyperson anywhere should be treated confidentially regardless of the circumstances of the disclosure

Assumptions about confidentiality held by a clergyperson or a worshiping community have significant implications for community life When therapeutic norms borrowed from professional ethics (as serviceable as they might be) become dominant in the church the unique character of the church as a gathered people covenanted in Christ is compromised The therapeutic ethic relies largely on a contract model of a professional-client relationship confidentiality is based on the dual needs of respecting the individual and preserving the character of relationships This approach does not encourage the appropriate sharing of information within the community by which the gathered people might be responsible to and for each other While clergy at times counsel individuals they also bear responsibility for the welfare of the worshiping community as a whole In their teaching preaching and administrative roles clergy recognize that the church is more than a group of individuals The church is a community with its own culture and beliefs transcending the individuals within it and creating a common good An ethic of confidentiality grounded in ecclesiology will care for the good of the community as well as the good of the individuals within it It will provide a congregational basis for building trust between individualsmdashcrucial to building up the communitymdash and will help determine the kind of community a congregation becomes

What would an adequate ecclesial ethic of confidentiality look like Not all observers agree with my survey group which believes that all things told to the pastor should be held as confidential William H Willimon has argued for a re-examination of privacy and confidentiality in the ministry and has asked whether confidentiality doesnt often undermine the churchs ability to provide pastoral care and flourish as a community (CHRISTIAN CENTURY October 31 1990) While some assurance of confidentiality is needed to build trust in a community people like Jim Kok wonder how others can support challenge pray for weep with give help to advise and confront with an aim toward healing if they do not know what is happening (Christianity Today July 17 1981) In other words how does one build and live in the intimacy of community if nothing is disclosable

IN THE END each religious tradition must develop its own ethic of confidentiality rooted in its own doctrines and practice However all traditions may find that the idea of covenantal relationships can help to frame the issues for both individuals and communities Within a covenantal community called into being through Gods word and spirit relationships between believers and God and between individual believers are based upon faithful promises made to each other which promote Gods spiritual and temporal purposes for humanity Theories and practices of confidentiality based only on secular professional ethics or legal norms are not adequate for covenantal understandings of the church in which the communityrsquos relationship to God is primary

Unlike professional counsellors clergy have a wide range of contacts with people through which they gain much information and knowledge about persons Such pervasive contact formal and informal direct and indirect can make the boundaries of confidentiality unclear for both clergy and laity Additionally clergy often find themselves in a bind disclosure of information could be helpful to the welfare of the community but may also be contrary to the wishes of the individual who gave the information

Consider A parishioner who lost his job comes to the pastor to express his anger at the company for terminating him and at God for abandoning him Already his lack of income threatens the security and stability of his family which includes a wife and two children Hersquos behind in mortgage payments the

7 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

children have outgrown last yearrsquos winter clothing and need more and there is barely enough money for groceries In the process of dealing with the mans fear anger and shame the pastor suggests that the deacons can help ease the economic burden while he looks for work The man refuses and insists that the pastor tell no one about his situation Ive never accepted charity from anyone No one is responsible for my family but me he declares

Several covenantal questions assert themselves Does the protection of the mans individualistic sense of self-reliance take priority over the communitys belief that God calls them to care for people in need Does it take priority over the corporate welfare of the rest of his family Does respect for the individuals wish for confidentiality impede the churchs pastoral function of embodying Gods love Where is God located in this dilemma If the pastor chooses to honour the mans request for confidentiality at what point is the pastor released from that obligation as the information inevitably makes its way through the grapevine And when someone inevitably comes up to the pastor and asks Have you heard What can we do to help at what point does the pastor finally say Yes I know and what advice can he or she faithfully dispense Perhaps the church should have its own understanding of what is private and what is public knowledge

More fundamentally what covenantal obligations do community members share as participants in a particular community As members of the body of Christ should parishioners expect that many circumstances now widely viewed as private are actually the communitys concern and are not to be held confidential Should their covenantal obligations include not only assisting those in need but disclosing needs

How pastors practice confidentiality will depend upon how each perceives the ministerial role at a given time in a given encounter Clear role definition is critical in deciding what is confidential and what is not Additionally a clear theological foundation which takes into account the pastoral needs and spiritual purposes of both the individual and the community is critical in deciding what is confidential and what is not Whatever ethic of confidentiality is embraced either publicly or in private assumptions it should have at its heart the concern of faithful integrity for the community the individuals within it (including the minister) and the gospel message It should reflect the covenant relationships which have brought the community into being for the glory of God From The Christian Century January 28 1998 pp 80-85 Portions of this article that relate to American law have been deleted to avoid confusion Reproduced with permission

Questions for reflection

1 What struck you from the article on confidentiality What is the key thought or idea for you fromthe article

2 lsquoUnlike professional counsellors clergy have a wide range of contacts with people through whichthey gain much information and knowledge about persons Such pervasive contact formal andinformal direct and indirect can make the boundaries of confidentiality unclear for both clergyand laityrsquoDo you agree with this statement Why why not How do you think the location of placement

8 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

(eg ruralsuburbancity) or the type of placement (eg congregationchaplaincyPresbyterySynod) would affect your understanding of this

3 How do you pay attention to boundaries to ensure you are as clear as possible aboutconfidentiality

4 The authorrsquos survey of clergy and congregations in America showed that most peoplersquos view ofconfidentiality has been primarily informed by a therapeutic understanding of confidentialityWhat has shaped your understanding of confidentiality What do you think has shaped the viewsof those you minister with

5 The author argues that the relationship between and individual member of the church and thecovenant relationship between the individual and the congregation should be considered whenthinking about confidentiality How well do you think this view fits with the Code of Ethicrsquosstatement that confidentiality shall not be breached except in particular circumstances (Code ofEthics 37 (d)) How do you navigate this

Ground Rules for Ethical Ministry Refresher discussions 1 Listen Hear what the other person is saying Let them finish talking Think before you respond

The same word or phrase may mean different things to different people so it may be helpful toask a question for clarification rather than making an assumption

2 Talk about yourself and your own experience You may ask questions of others but do notchallenge the validity of anotherrsquos personal experience or point of view Code of Ethics casestudies are meant to be used as tools for learning more about how the Code applies to our ownministry practice Sometimes discussions may need to hold a wide range of views and guidancemay be needed from the Facilitator to ensure that the spirit and intention of the Code of Ethics isbeing upheld in the discourse

3 Keep your comments brief and to the point so everyone has a chance to speak4 Do not generalise from your experience and feelings to the experience and feelings of others Let

people speak for themselves5 Do not attack or try to hurt or pass judgment on anyone whether or not they are present6 Treat this group session as a confidential conversation do not repeat elsewhere what is said

here7 Stay on topic8 Be responsible in discerning what material is appropriate for you to share in the wider group

what would be better suited to the lsquopaired sharingrsquo and what should be shared only with yoursupervisor

9 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Before you attend the Ethical Ministry Refresher please read the all the case studies below Choose one and answer the questions for reflection for that case study Come prepared to discuss the case study you choose in a small group

Case Study 1 You have recently become the chair of your Presbytery Pastoral Relations Committee (PRC) You are reading through minutes and reports to familiarise yourself with previous issues and the PRCrsquos ways of working One of the reports you read is a report of an investigation into sexual misconduct by a lay leader in a neighbouring congregation to the one you are minister of The report reveals that a current member of your congregation Sarah was one of the victims of the lay leader In your mind this makes sense of several things Sarah has said to you recently though she has not told you about the sexual misconduct

The next time you are having a pastoral conversation with Sarah she talks about how several men in her past have let her down You think she must be talking about the misconduct and find yourself wanting to tell Sarah you understand what she is talking about and to offer her reassurance that your congregation strives to be a safe community for all

Questions for reflection bull Can you say anything to Sarah about what you know about the misconductbull What are your ethical responsibilities as a minister in this situation To Sarah To the

Presbytery To the Perpetratorbull What guidance does 37 of the Code of Ethics provide you in thinkingbull Who if anyone are you able to discuss this situation with

Case Study 2 You are a chaplain at a Uniting Church school One day after a stressful couple of weeks at the school you go for a coffee at a cafeacute near the school with a group of colleagues After the stressful period itrsquos good to catch up and check in with each other Your colleagues start to tell stories about some of the amusing things that happen in the classroom describing different behaviour work and actions by students sometimes using their first names Itrsquos good for stress release to share these stories You notice some of the staff have their school name badges on and as you glance around the coffee shop you wonder if any parents are sitting at nearby tables and what you will say about your students given there is an unwritten expectation that everyone will have a story to share

Questions for reflection bull What do you share about the students in your classesbull What are your ethical responsibilities as a minister in this situation Are they any different from

your teacher colleaguesbull What guidance does 37 of the Code of Ethics provide you in thinkingbull How do you manage confidentiality in informal situations

10 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Case Study 3 You are in the last couple of months of your current placement after 9 years in the congregation At the end of your last Church Council meeting after everyone else has left the Chairperson asks about any notes you are leaving for the supply minister In particular they want to know if you are leaving some notes about a couple of complex pastoral situations where you are the only person in the congregation who knows the full picture One situation involves someone who is periodically homeless and can be disruptive in worship from time to time You know who the community support workers are that the person is connected to and how to contact the workers when needed The other is a recently bereaved person who is estranged from one of their children Their child is friends with some of your congregation members You are the only person the recently bereaved person has spoken to about the situation though their child has spoken to other people in the congregation

Questions for reflection bull How do you reply to the Church Council chairbull What is your view on leaving pastoral information about people you have provided pastoral care

to for a successor What types of information are you willing to provide if anybull How do Clauses 37 and 31 guide your reflection on this case study What obligation if any do

you have to respecting your successor

Case Study 4 Jane is a staff member at the Uniting Agewell facility where you are a chaplain You have provided a listening ear to Jane when she has needed someone at work to talk to Jane has recently moved to a new home at an address that is being kept secret after several years of Family Violence She has done this with the support of a specialist Family Violence service while you have provided pastoral support People and Culture have helped Jane find a job in another location One day not long after Jane left you see Frieda another colleague in the tearoom Frieda and Jane had worked for over a decade at the same facility and they appear to be close colleagues Frieda saying ldquoI know Jane has left her partner and moved home about time Irsquove lost the note I made of her new address can you give it to me pleaserdquo I want to catch up with her and see how she is doingrdquo

Questions for reflection bull What do you say to Friedabull What will you say to other staff and residents who ask if you know why Jane leftbull How do sections 37 and 35 (v) help you understand your ethical obligations in this case study

Case Study 5 You retired from ministry 12 years ago Until recently you enjoyed doing a couple of supply roles a year as well as weddings and funeral for friends and family You and your partner have decided that it is now time to slow down a little so you are not doing any more supply You are also downsizing from your family home to a smaller apartment You have lived in the house for about 25 years and it is full of paperwork and files from your placements as well as various committees you have served on As you pack up your home office and try to work out what to do with everything the pile of papers from your various placements and supply ministry build up In the pile are old sermons copies of marriage certificates you scanned and sent to Births Deaths and Marriages articles you planned to read notes

11 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

you made to help you prepare for funerals old phone messages minutes and notes taken at various committees and various pastoral notes As you look at the ever-growing pile of papers with all sorts of things jumbled up you contemplate just putting as much as you can in the council recycle bin You might even see if there is space in your neighbourrsquos bin tonight After all you think most of the important things are also stored on your personal computer

Questions for reflection bull What should you do with all the papers How does the Code of Ethics 37(e) guide your actionsbull Do you have a responsibility to maintain confidentiality over more than 25 yearsbull How do you maintain your records both paper and electronic securely and confidentiallybull How do you ensure you are only retaining records you are entitled to retain What do with

records you arenrsquot entitled to retain

Case Study 6 A Tongan minister has recently been accepted into the Uniting church In his first placement he was

called to a congregation where majority of the members are of Tongan background The minister would always assure and encouraged the congregation that his office was always open to discuss any issues the members could be going through After a few months Sione a father of four decided to talk to the minister about his relationship with his children Although they are all grown up they are not coming to church as often as Sione would have liked them to He was also concerned about his eldest son living together with his girlfriend (a single mother) on their own After the meeting with the minister Sione left with a sense of relief as he was able to talk openly about this issue and appreciated the prayer the minister offered for his family The following Sunday the minister mentioned in his sermon that someone came to him with family issues He used what they discussed with Sionersquos relationship with his children in his sermon Although there were no names mentioned specifically Sione was very disappointed and felt betrayed

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 help you understand your ethical responsibility

Case Study 7 You were a member of the Synod Committee for Counselling for six years concluding your term three years ago During that time you sat on several committee panels dealing with complaints of ministers breaching the Code of Ethics You are now a member of the Placements Committee (ACOMP) One of the vacancies being considered is a placement that neighbours your own placement You are hoping the two placements can form a closer more cooperative relationship Although no formal conversations have taken place yet there had been some informal conversation with the previous minister You are also hoping the minister who is called will be a good colleague to work with you on this Yoursquove discussed your hopes with Presbytery Minister Pastoral Care but have not had formal discussions with the Presbytery When Stephenrsquos name is suggested for the vacant placement you feel your stomach drop Stephen was one of the ministers who faced a complaint when you were on the Committee for Counselling The matter was resolved and Stephen participated fully in the process and completed

12 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

everything the Committee asked of him However you arenrsquot sure you could ever fully trust him as a colleague and you wonder how he will feel about working alongside you At first you sit very quietly when ACOMP discusses Stephenrsquos name Not long into the discussion you wonder if you have a conflict of interest but you arenrsquot sure

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 35(d) 31 and 32 help you understand your ethical

responsibilitybull How do you fulfil your obligation to keep information like this confidential for the rest of your

life

Case Study 8 You use a tablet and desk top computer for most things you need in ministry You are glad the days of hand-written notes are mostly over for you You have a password on both devices While you are the main user of the computer your children occasionally use it when they need to Mostly this happens when you are around but occasionally one of your children uses the computer while you are out Your children donrsquot have much trouble guessing the password you use the same one or two for nearly everything One day when one of your children uses your computer they find notes you have made in preparation for a funeral of family friend When you come home your child want to know about why you had never told them the friend had a child no one knew about except her brother

Questions for reflection bull What do you say to your child How much more of the situation can you share with your child as

they only know the one basic fact while you know more about the situationbull Does the fact that the funeral is for a family friend change your ethical responsibilitybull What will you do if child tells others what they have learntbull What could you do in the future to better secure your electronic recordsbull What guidance does 37 of the Code of Ethics provide you in thinking

The case studies in this program are an amalgam of case studies provided by ministry agents from a variety of contexts across the Uniting Church Thank you to all those who provided case studies

7 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

children have outgrown last yearrsquos winter clothing and need more and there is barely enough money for groceries In the process of dealing with the mans fear anger and shame the pastor suggests that the deacons can help ease the economic burden while he looks for work The man refuses and insists that the pastor tell no one about his situation Ive never accepted charity from anyone No one is responsible for my family but me he declares

Several covenantal questions assert themselves Does the protection of the mans individualistic sense of self-reliance take priority over the communitys belief that God calls them to care for people in need Does it take priority over the corporate welfare of the rest of his family Does respect for the individuals wish for confidentiality impede the churchs pastoral function of embodying Gods love Where is God located in this dilemma If the pastor chooses to honour the mans request for confidentiality at what point is the pastor released from that obligation as the information inevitably makes its way through the grapevine And when someone inevitably comes up to the pastor and asks Have you heard What can we do to help at what point does the pastor finally say Yes I know and what advice can he or she faithfully dispense Perhaps the church should have its own understanding of what is private and what is public knowledge

More fundamentally what covenantal obligations do community members share as participants in a particular community As members of the body of Christ should parishioners expect that many circumstances now widely viewed as private are actually the communitys concern and are not to be held confidential Should their covenantal obligations include not only assisting those in need but disclosing needs

How pastors practice confidentiality will depend upon how each perceives the ministerial role at a given time in a given encounter Clear role definition is critical in deciding what is confidential and what is not Additionally a clear theological foundation which takes into account the pastoral needs and spiritual purposes of both the individual and the community is critical in deciding what is confidential and what is not Whatever ethic of confidentiality is embraced either publicly or in private assumptions it should have at its heart the concern of faithful integrity for the community the individuals within it (including the minister) and the gospel message It should reflect the covenant relationships which have brought the community into being for the glory of God From The Christian Century January 28 1998 pp 80-85 Portions of this article that relate to American law have been deleted to avoid confusion Reproduced with permission

Questions for reflection

1 What struck you from the article on confidentiality What is the key thought or idea for you fromthe article

2 lsquoUnlike professional counsellors clergy have a wide range of contacts with people through whichthey gain much information and knowledge about persons Such pervasive contact formal andinformal direct and indirect can make the boundaries of confidentiality unclear for both clergyand laityrsquoDo you agree with this statement Why why not How do you think the location of placement

8 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

(eg ruralsuburbancity) or the type of placement (eg congregationchaplaincyPresbyterySynod) would affect your understanding of this

3 How do you pay attention to boundaries to ensure you are as clear as possible aboutconfidentiality

4 The authorrsquos survey of clergy and congregations in America showed that most peoplersquos view ofconfidentiality has been primarily informed by a therapeutic understanding of confidentialityWhat has shaped your understanding of confidentiality What do you think has shaped the viewsof those you minister with

5 The author argues that the relationship between and individual member of the church and thecovenant relationship between the individual and the congregation should be considered whenthinking about confidentiality How well do you think this view fits with the Code of Ethicrsquosstatement that confidentiality shall not be breached except in particular circumstances (Code ofEthics 37 (d)) How do you navigate this

Ground Rules for Ethical Ministry Refresher discussions 1 Listen Hear what the other person is saying Let them finish talking Think before you respond

The same word or phrase may mean different things to different people so it may be helpful toask a question for clarification rather than making an assumption

2 Talk about yourself and your own experience You may ask questions of others but do notchallenge the validity of anotherrsquos personal experience or point of view Code of Ethics casestudies are meant to be used as tools for learning more about how the Code applies to our ownministry practice Sometimes discussions may need to hold a wide range of views and guidancemay be needed from the Facilitator to ensure that the spirit and intention of the Code of Ethics isbeing upheld in the discourse

3 Keep your comments brief and to the point so everyone has a chance to speak4 Do not generalise from your experience and feelings to the experience and feelings of others Let

people speak for themselves5 Do not attack or try to hurt or pass judgment on anyone whether or not they are present6 Treat this group session as a confidential conversation do not repeat elsewhere what is said

here7 Stay on topic8 Be responsible in discerning what material is appropriate for you to share in the wider group

what would be better suited to the lsquopaired sharingrsquo and what should be shared only with yoursupervisor

9 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Before you attend the Ethical Ministry Refresher please read the all the case studies below Choose one and answer the questions for reflection for that case study Come prepared to discuss the case study you choose in a small group

Case Study 1 You have recently become the chair of your Presbytery Pastoral Relations Committee (PRC) You are reading through minutes and reports to familiarise yourself with previous issues and the PRCrsquos ways of working One of the reports you read is a report of an investigation into sexual misconduct by a lay leader in a neighbouring congregation to the one you are minister of The report reveals that a current member of your congregation Sarah was one of the victims of the lay leader In your mind this makes sense of several things Sarah has said to you recently though she has not told you about the sexual misconduct

The next time you are having a pastoral conversation with Sarah she talks about how several men in her past have let her down You think she must be talking about the misconduct and find yourself wanting to tell Sarah you understand what she is talking about and to offer her reassurance that your congregation strives to be a safe community for all

Questions for reflection bull Can you say anything to Sarah about what you know about the misconductbull What are your ethical responsibilities as a minister in this situation To Sarah To the

Presbytery To the Perpetratorbull What guidance does 37 of the Code of Ethics provide you in thinkingbull Who if anyone are you able to discuss this situation with

Case Study 2 You are a chaplain at a Uniting Church school One day after a stressful couple of weeks at the school you go for a coffee at a cafeacute near the school with a group of colleagues After the stressful period itrsquos good to catch up and check in with each other Your colleagues start to tell stories about some of the amusing things that happen in the classroom describing different behaviour work and actions by students sometimes using their first names Itrsquos good for stress release to share these stories You notice some of the staff have their school name badges on and as you glance around the coffee shop you wonder if any parents are sitting at nearby tables and what you will say about your students given there is an unwritten expectation that everyone will have a story to share

Questions for reflection bull What do you share about the students in your classesbull What are your ethical responsibilities as a minister in this situation Are they any different from

your teacher colleaguesbull What guidance does 37 of the Code of Ethics provide you in thinkingbull How do you manage confidentiality in informal situations

10 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Case Study 3 You are in the last couple of months of your current placement after 9 years in the congregation At the end of your last Church Council meeting after everyone else has left the Chairperson asks about any notes you are leaving for the supply minister In particular they want to know if you are leaving some notes about a couple of complex pastoral situations where you are the only person in the congregation who knows the full picture One situation involves someone who is periodically homeless and can be disruptive in worship from time to time You know who the community support workers are that the person is connected to and how to contact the workers when needed The other is a recently bereaved person who is estranged from one of their children Their child is friends with some of your congregation members You are the only person the recently bereaved person has spoken to about the situation though their child has spoken to other people in the congregation

Questions for reflection bull How do you reply to the Church Council chairbull What is your view on leaving pastoral information about people you have provided pastoral care

to for a successor What types of information are you willing to provide if anybull How do Clauses 37 and 31 guide your reflection on this case study What obligation if any do

you have to respecting your successor

Case Study 4 Jane is a staff member at the Uniting Agewell facility where you are a chaplain You have provided a listening ear to Jane when she has needed someone at work to talk to Jane has recently moved to a new home at an address that is being kept secret after several years of Family Violence She has done this with the support of a specialist Family Violence service while you have provided pastoral support People and Culture have helped Jane find a job in another location One day not long after Jane left you see Frieda another colleague in the tearoom Frieda and Jane had worked for over a decade at the same facility and they appear to be close colleagues Frieda saying ldquoI know Jane has left her partner and moved home about time Irsquove lost the note I made of her new address can you give it to me pleaserdquo I want to catch up with her and see how she is doingrdquo

Questions for reflection bull What do you say to Friedabull What will you say to other staff and residents who ask if you know why Jane leftbull How do sections 37 and 35 (v) help you understand your ethical obligations in this case study

Case Study 5 You retired from ministry 12 years ago Until recently you enjoyed doing a couple of supply roles a year as well as weddings and funeral for friends and family You and your partner have decided that it is now time to slow down a little so you are not doing any more supply You are also downsizing from your family home to a smaller apartment You have lived in the house for about 25 years and it is full of paperwork and files from your placements as well as various committees you have served on As you pack up your home office and try to work out what to do with everything the pile of papers from your various placements and supply ministry build up In the pile are old sermons copies of marriage certificates you scanned and sent to Births Deaths and Marriages articles you planned to read notes

11 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

you made to help you prepare for funerals old phone messages minutes and notes taken at various committees and various pastoral notes As you look at the ever-growing pile of papers with all sorts of things jumbled up you contemplate just putting as much as you can in the council recycle bin You might even see if there is space in your neighbourrsquos bin tonight After all you think most of the important things are also stored on your personal computer

Questions for reflection bull What should you do with all the papers How does the Code of Ethics 37(e) guide your actionsbull Do you have a responsibility to maintain confidentiality over more than 25 yearsbull How do you maintain your records both paper and electronic securely and confidentiallybull How do you ensure you are only retaining records you are entitled to retain What do with

records you arenrsquot entitled to retain

Case Study 6 A Tongan minister has recently been accepted into the Uniting church In his first placement he was

called to a congregation where majority of the members are of Tongan background The minister would always assure and encouraged the congregation that his office was always open to discuss any issues the members could be going through After a few months Sione a father of four decided to talk to the minister about his relationship with his children Although they are all grown up they are not coming to church as often as Sione would have liked them to He was also concerned about his eldest son living together with his girlfriend (a single mother) on their own After the meeting with the minister Sione left with a sense of relief as he was able to talk openly about this issue and appreciated the prayer the minister offered for his family The following Sunday the minister mentioned in his sermon that someone came to him with family issues He used what they discussed with Sionersquos relationship with his children in his sermon Although there were no names mentioned specifically Sione was very disappointed and felt betrayed

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 help you understand your ethical responsibility

Case Study 7 You were a member of the Synod Committee for Counselling for six years concluding your term three years ago During that time you sat on several committee panels dealing with complaints of ministers breaching the Code of Ethics You are now a member of the Placements Committee (ACOMP) One of the vacancies being considered is a placement that neighbours your own placement You are hoping the two placements can form a closer more cooperative relationship Although no formal conversations have taken place yet there had been some informal conversation with the previous minister You are also hoping the minister who is called will be a good colleague to work with you on this Yoursquove discussed your hopes with Presbytery Minister Pastoral Care but have not had formal discussions with the Presbytery When Stephenrsquos name is suggested for the vacant placement you feel your stomach drop Stephen was one of the ministers who faced a complaint when you were on the Committee for Counselling The matter was resolved and Stephen participated fully in the process and completed

12 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

everything the Committee asked of him However you arenrsquot sure you could ever fully trust him as a colleague and you wonder how he will feel about working alongside you At first you sit very quietly when ACOMP discusses Stephenrsquos name Not long into the discussion you wonder if you have a conflict of interest but you arenrsquot sure

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 35(d) 31 and 32 help you understand your ethical

responsibilitybull How do you fulfil your obligation to keep information like this confidential for the rest of your

life

Case Study 8 You use a tablet and desk top computer for most things you need in ministry You are glad the days of hand-written notes are mostly over for you You have a password on both devices While you are the main user of the computer your children occasionally use it when they need to Mostly this happens when you are around but occasionally one of your children uses the computer while you are out Your children donrsquot have much trouble guessing the password you use the same one or two for nearly everything One day when one of your children uses your computer they find notes you have made in preparation for a funeral of family friend When you come home your child want to know about why you had never told them the friend had a child no one knew about except her brother

Questions for reflection bull What do you say to your child How much more of the situation can you share with your child as

they only know the one basic fact while you know more about the situationbull Does the fact that the funeral is for a family friend change your ethical responsibilitybull What will you do if child tells others what they have learntbull What could you do in the future to better secure your electronic recordsbull What guidance does 37 of the Code of Ethics provide you in thinking

The case studies in this program are an amalgam of case studies provided by ministry agents from a variety of contexts across the Uniting Church Thank you to all those who provided case studies

8 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

(eg ruralsuburbancity) or the type of placement (eg congregationchaplaincyPresbyterySynod) would affect your understanding of this

3 How do you pay attention to boundaries to ensure you are as clear as possible aboutconfidentiality

4 The authorrsquos survey of clergy and congregations in America showed that most peoplersquos view ofconfidentiality has been primarily informed by a therapeutic understanding of confidentialityWhat has shaped your understanding of confidentiality What do you think has shaped the viewsof those you minister with

5 The author argues that the relationship between and individual member of the church and thecovenant relationship between the individual and the congregation should be considered whenthinking about confidentiality How well do you think this view fits with the Code of Ethicrsquosstatement that confidentiality shall not be breached except in particular circumstances (Code ofEthics 37 (d)) How do you navigate this

Ground Rules for Ethical Ministry Refresher discussions 1 Listen Hear what the other person is saying Let them finish talking Think before you respond

The same word or phrase may mean different things to different people so it may be helpful toask a question for clarification rather than making an assumption

2 Talk about yourself and your own experience You may ask questions of others but do notchallenge the validity of anotherrsquos personal experience or point of view Code of Ethics casestudies are meant to be used as tools for learning more about how the Code applies to our ownministry practice Sometimes discussions may need to hold a wide range of views and guidancemay be needed from the Facilitator to ensure that the spirit and intention of the Code of Ethics isbeing upheld in the discourse

3 Keep your comments brief and to the point so everyone has a chance to speak4 Do not generalise from your experience and feelings to the experience and feelings of others Let

people speak for themselves5 Do not attack or try to hurt or pass judgment on anyone whether or not they are present6 Treat this group session as a confidential conversation do not repeat elsewhere what is said

here7 Stay on topic8 Be responsible in discerning what material is appropriate for you to share in the wider group

what would be better suited to the lsquopaired sharingrsquo and what should be shared only with yoursupervisor

9 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Before you attend the Ethical Ministry Refresher please read the all the case studies below Choose one and answer the questions for reflection for that case study Come prepared to discuss the case study you choose in a small group

Case Study 1 You have recently become the chair of your Presbytery Pastoral Relations Committee (PRC) You are reading through minutes and reports to familiarise yourself with previous issues and the PRCrsquos ways of working One of the reports you read is a report of an investigation into sexual misconduct by a lay leader in a neighbouring congregation to the one you are minister of The report reveals that a current member of your congregation Sarah was one of the victims of the lay leader In your mind this makes sense of several things Sarah has said to you recently though she has not told you about the sexual misconduct

The next time you are having a pastoral conversation with Sarah she talks about how several men in her past have let her down You think she must be talking about the misconduct and find yourself wanting to tell Sarah you understand what she is talking about and to offer her reassurance that your congregation strives to be a safe community for all

Questions for reflection bull Can you say anything to Sarah about what you know about the misconductbull What are your ethical responsibilities as a minister in this situation To Sarah To the

Presbytery To the Perpetratorbull What guidance does 37 of the Code of Ethics provide you in thinkingbull Who if anyone are you able to discuss this situation with

Case Study 2 You are a chaplain at a Uniting Church school One day after a stressful couple of weeks at the school you go for a coffee at a cafeacute near the school with a group of colleagues After the stressful period itrsquos good to catch up and check in with each other Your colleagues start to tell stories about some of the amusing things that happen in the classroom describing different behaviour work and actions by students sometimes using their first names Itrsquos good for stress release to share these stories You notice some of the staff have their school name badges on and as you glance around the coffee shop you wonder if any parents are sitting at nearby tables and what you will say about your students given there is an unwritten expectation that everyone will have a story to share

Questions for reflection bull What do you share about the students in your classesbull What are your ethical responsibilities as a minister in this situation Are they any different from

your teacher colleaguesbull What guidance does 37 of the Code of Ethics provide you in thinkingbull How do you manage confidentiality in informal situations

10 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Case Study 3 You are in the last couple of months of your current placement after 9 years in the congregation At the end of your last Church Council meeting after everyone else has left the Chairperson asks about any notes you are leaving for the supply minister In particular they want to know if you are leaving some notes about a couple of complex pastoral situations where you are the only person in the congregation who knows the full picture One situation involves someone who is periodically homeless and can be disruptive in worship from time to time You know who the community support workers are that the person is connected to and how to contact the workers when needed The other is a recently bereaved person who is estranged from one of their children Their child is friends with some of your congregation members You are the only person the recently bereaved person has spoken to about the situation though their child has spoken to other people in the congregation

Questions for reflection bull How do you reply to the Church Council chairbull What is your view on leaving pastoral information about people you have provided pastoral care

to for a successor What types of information are you willing to provide if anybull How do Clauses 37 and 31 guide your reflection on this case study What obligation if any do

you have to respecting your successor

Case Study 4 Jane is a staff member at the Uniting Agewell facility where you are a chaplain You have provided a listening ear to Jane when she has needed someone at work to talk to Jane has recently moved to a new home at an address that is being kept secret after several years of Family Violence She has done this with the support of a specialist Family Violence service while you have provided pastoral support People and Culture have helped Jane find a job in another location One day not long after Jane left you see Frieda another colleague in the tearoom Frieda and Jane had worked for over a decade at the same facility and they appear to be close colleagues Frieda saying ldquoI know Jane has left her partner and moved home about time Irsquove lost the note I made of her new address can you give it to me pleaserdquo I want to catch up with her and see how she is doingrdquo

Questions for reflection bull What do you say to Friedabull What will you say to other staff and residents who ask if you know why Jane leftbull How do sections 37 and 35 (v) help you understand your ethical obligations in this case study

Case Study 5 You retired from ministry 12 years ago Until recently you enjoyed doing a couple of supply roles a year as well as weddings and funeral for friends and family You and your partner have decided that it is now time to slow down a little so you are not doing any more supply You are also downsizing from your family home to a smaller apartment You have lived in the house for about 25 years and it is full of paperwork and files from your placements as well as various committees you have served on As you pack up your home office and try to work out what to do with everything the pile of papers from your various placements and supply ministry build up In the pile are old sermons copies of marriage certificates you scanned and sent to Births Deaths and Marriages articles you planned to read notes

11 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

you made to help you prepare for funerals old phone messages minutes and notes taken at various committees and various pastoral notes As you look at the ever-growing pile of papers with all sorts of things jumbled up you contemplate just putting as much as you can in the council recycle bin You might even see if there is space in your neighbourrsquos bin tonight After all you think most of the important things are also stored on your personal computer

Questions for reflection bull What should you do with all the papers How does the Code of Ethics 37(e) guide your actionsbull Do you have a responsibility to maintain confidentiality over more than 25 yearsbull How do you maintain your records both paper and electronic securely and confidentiallybull How do you ensure you are only retaining records you are entitled to retain What do with

records you arenrsquot entitled to retain

Case Study 6 A Tongan minister has recently been accepted into the Uniting church In his first placement he was

called to a congregation where majority of the members are of Tongan background The minister would always assure and encouraged the congregation that his office was always open to discuss any issues the members could be going through After a few months Sione a father of four decided to talk to the minister about his relationship with his children Although they are all grown up they are not coming to church as often as Sione would have liked them to He was also concerned about his eldest son living together with his girlfriend (a single mother) on their own After the meeting with the minister Sione left with a sense of relief as he was able to talk openly about this issue and appreciated the prayer the minister offered for his family The following Sunday the minister mentioned in his sermon that someone came to him with family issues He used what they discussed with Sionersquos relationship with his children in his sermon Although there were no names mentioned specifically Sione was very disappointed and felt betrayed

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 help you understand your ethical responsibility

Case Study 7 You were a member of the Synod Committee for Counselling for six years concluding your term three years ago During that time you sat on several committee panels dealing with complaints of ministers breaching the Code of Ethics You are now a member of the Placements Committee (ACOMP) One of the vacancies being considered is a placement that neighbours your own placement You are hoping the two placements can form a closer more cooperative relationship Although no formal conversations have taken place yet there had been some informal conversation with the previous minister You are also hoping the minister who is called will be a good colleague to work with you on this Yoursquove discussed your hopes with Presbytery Minister Pastoral Care but have not had formal discussions with the Presbytery When Stephenrsquos name is suggested for the vacant placement you feel your stomach drop Stephen was one of the ministers who faced a complaint when you were on the Committee for Counselling The matter was resolved and Stephen participated fully in the process and completed

12 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

everything the Committee asked of him However you arenrsquot sure you could ever fully trust him as a colleague and you wonder how he will feel about working alongside you At first you sit very quietly when ACOMP discusses Stephenrsquos name Not long into the discussion you wonder if you have a conflict of interest but you arenrsquot sure

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 35(d) 31 and 32 help you understand your ethical

responsibilitybull How do you fulfil your obligation to keep information like this confidential for the rest of your

life

Case Study 8 You use a tablet and desk top computer for most things you need in ministry You are glad the days of hand-written notes are mostly over for you You have a password on both devices While you are the main user of the computer your children occasionally use it when they need to Mostly this happens when you are around but occasionally one of your children uses the computer while you are out Your children donrsquot have much trouble guessing the password you use the same one or two for nearly everything One day when one of your children uses your computer they find notes you have made in preparation for a funeral of family friend When you come home your child want to know about why you had never told them the friend had a child no one knew about except her brother

Questions for reflection bull What do you say to your child How much more of the situation can you share with your child as

they only know the one basic fact while you know more about the situationbull Does the fact that the funeral is for a family friend change your ethical responsibilitybull What will you do if child tells others what they have learntbull What could you do in the future to better secure your electronic recordsbull What guidance does 37 of the Code of Ethics provide you in thinking

The case studies in this program are an amalgam of case studies provided by ministry agents from a variety of contexts across the Uniting Church Thank you to all those who provided case studies

9 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Before you attend the Ethical Ministry Refresher please read the all the case studies below Choose one and answer the questions for reflection for that case study Come prepared to discuss the case study you choose in a small group

Case Study 1 You have recently become the chair of your Presbytery Pastoral Relations Committee (PRC) You are reading through minutes and reports to familiarise yourself with previous issues and the PRCrsquos ways of working One of the reports you read is a report of an investigation into sexual misconduct by a lay leader in a neighbouring congregation to the one you are minister of The report reveals that a current member of your congregation Sarah was one of the victims of the lay leader In your mind this makes sense of several things Sarah has said to you recently though she has not told you about the sexual misconduct

The next time you are having a pastoral conversation with Sarah she talks about how several men in her past have let her down You think she must be talking about the misconduct and find yourself wanting to tell Sarah you understand what she is talking about and to offer her reassurance that your congregation strives to be a safe community for all

Questions for reflection bull Can you say anything to Sarah about what you know about the misconductbull What are your ethical responsibilities as a minister in this situation To Sarah To the

Presbytery To the Perpetratorbull What guidance does 37 of the Code of Ethics provide you in thinkingbull Who if anyone are you able to discuss this situation with

Case Study 2 You are a chaplain at a Uniting Church school One day after a stressful couple of weeks at the school you go for a coffee at a cafeacute near the school with a group of colleagues After the stressful period itrsquos good to catch up and check in with each other Your colleagues start to tell stories about some of the amusing things that happen in the classroom describing different behaviour work and actions by students sometimes using their first names Itrsquos good for stress release to share these stories You notice some of the staff have their school name badges on and as you glance around the coffee shop you wonder if any parents are sitting at nearby tables and what you will say about your students given there is an unwritten expectation that everyone will have a story to share

Questions for reflection bull What do you share about the students in your classesbull What are your ethical responsibilities as a minister in this situation Are they any different from

your teacher colleaguesbull What guidance does 37 of the Code of Ethics provide you in thinkingbull How do you manage confidentiality in informal situations

10 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Case Study 3 You are in the last couple of months of your current placement after 9 years in the congregation At the end of your last Church Council meeting after everyone else has left the Chairperson asks about any notes you are leaving for the supply minister In particular they want to know if you are leaving some notes about a couple of complex pastoral situations where you are the only person in the congregation who knows the full picture One situation involves someone who is periodically homeless and can be disruptive in worship from time to time You know who the community support workers are that the person is connected to and how to contact the workers when needed The other is a recently bereaved person who is estranged from one of their children Their child is friends with some of your congregation members You are the only person the recently bereaved person has spoken to about the situation though their child has spoken to other people in the congregation

Questions for reflection bull How do you reply to the Church Council chairbull What is your view on leaving pastoral information about people you have provided pastoral care

to for a successor What types of information are you willing to provide if anybull How do Clauses 37 and 31 guide your reflection on this case study What obligation if any do

you have to respecting your successor

Case Study 4 Jane is a staff member at the Uniting Agewell facility where you are a chaplain You have provided a listening ear to Jane when she has needed someone at work to talk to Jane has recently moved to a new home at an address that is being kept secret after several years of Family Violence She has done this with the support of a specialist Family Violence service while you have provided pastoral support People and Culture have helped Jane find a job in another location One day not long after Jane left you see Frieda another colleague in the tearoom Frieda and Jane had worked for over a decade at the same facility and they appear to be close colleagues Frieda saying ldquoI know Jane has left her partner and moved home about time Irsquove lost the note I made of her new address can you give it to me pleaserdquo I want to catch up with her and see how she is doingrdquo

Questions for reflection bull What do you say to Friedabull What will you say to other staff and residents who ask if you know why Jane leftbull How do sections 37 and 35 (v) help you understand your ethical obligations in this case study

Case Study 5 You retired from ministry 12 years ago Until recently you enjoyed doing a couple of supply roles a year as well as weddings and funeral for friends and family You and your partner have decided that it is now time to slow down a little so you are not doing any more supply You are also downsizing from your family home to a smaller apartment You have lived in the house for about 25 years and it is full of paperwork and files from your placements as well as various committees you have served on As you pack up your home office and try to work out what to do with everything the pile of papers from your various placements and supply ministry build up In the pile are old sermons copies of marriage certificates you scanned and sent to Births Deaths and Marriages articles you planned to read notes

11 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

you made to help you prepare for funerals old phone messages minutes and notes taken at various committees and various pastoral notes As you look at the ever-growing pile of papers with all sorts of things jumbled up you contemplate just putting as much as you can in the council recycle bin You might even see if there is space in your neighbourrsquos bin tonight After all you think most of the important things are also stored on your personal computer

Questions for reflection bull What should you do with all the papers How does the Code of Ethics 37(e) guide your actionsbull Do you have a responsibility to maintain confidentiality over more than 25 yearsbull How do you maintain your records both paper and electronic securely and confidentiallybull How do you ensure you are only retaining records you are entitled to retain What do with

records you arenrsquot entitled to retain

Case Study 6 A Tongan minister has recently been accepted into the Uniting church In his first placement he was

called to a congregation where majority of the members are of Tongan background The minister would always assure and encouraged the congregation that his office was always open to discuss any issues the members could be going through After a few months Sione a father of four decided to talk to the minister about his relationship with his children Although they are all grown up they are not coming to church as often as Sione would have liked them to He was also concerned about his eldest son living together with his girlfriend (a single mother) on their own After the meeting with the minister Sione left with a sense of relief as he was able to talk openly about this issue and appreciated the prayer the minister offered for his family The following Sunday the minister mentioned in his sermon that someone came to him with family issues He used what they discussed with Sionersquos relationship with his children in his sermon Although there were no names mentioned specifically Sione was very disappointed and felt betrayed

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 help you understand your ethical responsibility

Case Study 7 You were a member of the Synod Committee for Counselling for six years concluding your term three years ago During that time you sat on several committee panels dealing with complaints of ministers breaching the Code of Ethics You are now a member of the Placements Committee (ACOMP) One of the vacancies being considered is a placement that neighbours your own placement You are hoping the two placements can form a closer more cooperative relationship Although no formal conversations have taken place yet there had been some informal conversation with the previous minister You are also hoping the minister who is called will be a good colleague to work with you on this Yoursquove discussed your hopes with Presbytery Minister Pastoral Care but have not had formal discussions with the Presbytery When Stephenrsquos name is suggested for the vacant placement you feel your stomach drop Stephen was one of the ministers who faced a complaint when you were on the Committee for Counselling The matter was resolved and Stephen participated fully in the process and completed

12 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

everything the Committee asked of him However you arenrsquot sure you could ever fully trust him as a colleague and you wonder how he will feel about working alongside you At first you sit very quietly when ACOMP discusses Stephenrsquos name Not long into the discussion you wonder if you have a conflict of interest but you arenrsquot sure

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 35(d) 31 and 32 help you understand your ethical

responsibilitybull How do you fulfil your obligation to keep information like this confidential for the rest of your

life

Case Study 8 You use a tablet and desk top computer for most things you need in ministry You are glad the days of hand-written notes are mostly over for you You have a password on both devices While you are the main user of the computer your children occasionally use it when they need to Mostly this happens when you are around but occasionally one of your children uses the computer while you are out Your children donrsquot have much trouble guessing the password you use the same one or two for nearly everything One day when one of your children uses your computer they find notes you have made in preparation for a funeral of family friend When you come home your child want to know about why you had never told them the friend had a child no one knew about except her brother

Questions for reflection bull What do you say to your child How much more of the situation can you share with your child as

they only know the one basic fact while you know more about the situationbull Does the fact that the funeral is for a family friend change your ethical responsibilitybull What will you do if child tells others what they have learntbull What could you do in the future to better secure your electronic recordsbull What guidance does 37 of the Code of Ethics provide you in thinking

The case studies in this program are an amalgam of case studies provided by ministry agents from a variety of contexts across the Uniting Church Thank you to all those who provided case studies

10 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

Case Study 3 You are in the last couple of months of your current placement after 9 years in the congregation At the end of your last Church Council meeting after everyone else has left the Chairperson asks about any notes you are leaving for the supply minister In particular they want to know if you are leaving some notes about a couple of complex pastoral situations where you are the only person in the congregation who knows the full picture One situation involves someone who is periodically homeless and can be disruptive in worship from time to time You know who the community support workers are that the person is connected to and how to contact the workers when needed The other is a recently bereaved person who is estranged from one of their children Their child is friends with some of your congregation members You are the only person the recently bereaved person has spoken to about the situation though their child has spoken to other people in the congregation

Questions for reflection bull How do you reply to the Church Council chairbull What is your view on leaving pastoral information about people you have provided pastoral care

to for a successor What types of information are you willing to provide if anybull How do Clauses 37 and 31 guide your reflection on this case study What obligation if any do

you have to respecting your successor

Case Study 4 Jane is a staff member at the Uniting Agewell facility where you are a chaplain You have provided a listening ear to Jane when she has needed someone at work to talk to Jane has recently moved to a new home at an address that is being kept secret after several years of Family Violence She has done this with the support of a specialist Family Violence service while you have provided pastoral support People and Culture have helped Jane find a job in another location One day not long after Jane left you see Frieda another colleague in the tearoom Frieda and Jane had worked for over a decade at the same facility and they appear to be close colleagues Frieda saying ldquoI know Jane has left her partner and moved home about time Irsquove lost the note I made of her new address can you give it to me pleaserdquo I want to catch up with her and see how she is doingrdquo

Questions for reflection bull What do you say to Friedabull What will you say to other staff and residents who ask if you know why Jane leftbull How do sections 37 and 35 (v) help you understand your ethical obligations in this case study

Case Study 5 You retired from ministry 12 years ago Until recently you enjoyed doing a couple of supply roles a year as well as weddings and funeral for friends and family You and your partner have decided that it is now time to slow down a little so you are not doing any more supply You are also downsizing from your family home to a smaller apartment You have lived in the house for about 25 years and it is full of paperwork and files from your placements as well as various committees you have served on As you pack up your home office and try to work out what to do with everything the pile of papers from your various placements and supply ministry build up In the pile are old sermons copies of marriage certificates you scanned and sent to Births Deaths and Marriages articles you planned to read notes

11 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

you made to help you prepare for funerals old phone messages minutes and notes taken at various committees and various pastoral notes As you look at the ever-growing pile of papers with all sorts of things jumbled up you contemplate just putting as much as you can in the council recycle bin You might even see if there is space in your neighbourrsquos bin tonight After all you think most of the important things are also stored on your personal computer

Questions for reflection bull What should you do with all the papers How does the Code of Ethics 37(e) guide your actionsbull Do you have a responsibility to maintain confidentiality over more than 25 yearsbull How do you maintain your records both paper and electronic securely and confidentiallybull How do you ensure you are only retaining records you are entitled to retain What do with

records you arenrsquot entitled to retain

Case Study 6 A Tongan minister has recently been accepted into the Uniting church In his first placement he was

called to a congregation where majority of the members are of Tongan background The minister would always assure and encouraged the congregation that his office was always open to discuss any issues the members could be going through After a few months Sione a father of four decided to talk to the minister about his relationship with his children Although they are all grown up they are not coming to church as often as Sione would have liked them to He was also concerned about his eldest son living together with his girlfriend (a single mother) on their own After the meeting with the minister Sione left with a sense of relief as he was able to talk openly about this issue and appreciated the prayer the minister offered for his family The following Sunday the minister mentioned in his sermon that someone came to him with family issues He used what they discussed with Sionersquos relationship with his children in his sermon Although there were no names mentioned specifically Sione was very disappointed and felt betrayed

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 help you understand your ethical responsibility

Case Study 7 You were a member of the Synod Committee for Counselling for six years concluding your term three years ago During that time you sat on several committee panels dealing with complaints of ministers breaching the Code of Ethics You are now a member of the Placements Committee (ACOMP) One of the vacancies being considered is a placement that neighbours your own placement You are hoping the two placements can form a closer more cooperative relationship Although no formal conversations have taken place yet there had been some informal conversation with the previous minister You are also hoping the minister who is called will be a good colleague to work with you on this Yoursquove discussed your hopes with Presbytery Minister Pastoral Care but have not had formal discussions with the Presbytery When Stephenrsquos name is suggested for the vacant placement you feel your stomach drop Stephen was one of the ministers who faced a complaint when you were on the Committee for Counselling The matter was resolved and Stephen participated fully in the process and completed

12 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

everything the Committee asked of him However you arenrsquot sure you could ever fully trust him as a colleague and you wonder how he will feel about working alongside you At first you sit very quietly when ACOMP discusses Stephenrsquos name Not long into the discussion you wonder if you have a conflict of interest but you arenrsquot sure

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 35(d) 31 and 32 help you understand your ethical

responsibilitybull How do you fulfil your obligation to keep information like this confidential for the rest of your

life

Case Study 8 You use a tablet and desk top computer for most things you need in ministry You are glad the days of hand-written notes are mostly over for you You have a password on both devices While you are the main user of the computer your children occasionally use it when they need to Mostly this happens when you are around but occasionally one of your children uses the computer while you are out Your children donrsquot have much trouble guessing the password you use the same one or two for nearly everything One day when one of your children uses your computer they find notes you have made in preparation for a funeral of family friend When you come home your child want to know about why you had never told them the friend had a child no one knew about except her brother

Questions for reflection bull What do you say to your child How much more of the situation can you share with your child as

they only know the one basic fact while you know more about the situationbull Does the fact that the funeral is for a family friend change your ethical responsibilitybull What will you do if child tells others what they have learntbull What could you do in the future to better secure your electronic recordsbull What guidance does 37 of the Code of Ethics provide you in thinking

The case studies in this program are an amalgam of case studies provided by ministry agents from a variety of contexts across the Uniting Church Thank you to all those who provided case studies

11 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

you made to help you prepare for funerals old phone messages minutes and notes taken at various committees and various pastoral notes As you look at the ever-growing pile of papers with all sorts of things jumbled up you contemplate just putting as much as you can in the council recycle bin You might even see if there is space in your neighbourrsquos bin tonight After all you think most of the important things are also stored on your personal computer

Questions for reflection bull What should you do with all the papers How does the Code of Ethics 37(e) guide your actionsbull Do you have a responsibility to maintain confidentiality over more than 25 yearsbull How do you maintain your records both paper and electronic securely and confidentiallybull How do you ensure you are only retaining records you are entitled to retain What do with

records you arenrsquot entitled to retain

Case Study 6 A Tongan minister has recently been accepted into the Uniting church In his first placement he was

called to a congregation where majority of the members are of Tongan background The minister would always assure and encouraged the congregation that his office was always open to discuss any issues the members could be going through After a few months Sione a father of four decided to talk to the minister about his relationship with his children Although they are all grown up they are not coming to church as often as Sione would have liked them to He was also concerned about his eldest son living together with his girlfriend (a single mother) on their own After the meeting with the minister Sione left with a sense of relief as he was able to talk openly about this issue and appreciated the prayer the minister offered for his family The following Sunday the minister mentioned in his sermon that someone came to him with family issues He used what they discussed with Sionersquos relationship with his children in his sermon Although there were no names mentioned specifically Sione was very disappointed and felt betrayed

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 help you understand your ethical responsibility

Case Study 7 You were a member of the Synod Committee for Counselling for six years concluding your term three years ago During that time you sat on several committee panels dealing with complaints of ministers breaching the Code of Ethics You are now a member of the Placements Committee (ACOMP) One of the vacancies being considered is a placement that neighbours your own placement You are hoping the two placements can form a closer more cooperative relationship Although no formal conversations have taken place yet there had been some informal conversation with the previous minister You are also hoping the minister who is called will be a good colleague to work with you on this Yoursquove discussed your hopes with Presbytery Minister Pastoral Care but have not had formal discussions with the Presbytery When Stephenrsquos name is suggested for the vacant placement you feel your stomach drop Stephen was one of the ministers who faced a complaint when you were on the Committee for Counselling The matter was resolved and Stephen participated fully in the process and completed

12 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

everything the Committee asked of him However you arenrsquot sure you could ever fully trust him as a colleague and you wonder how he will feel about working alongside you At first you sit very quietly when ACOMP discusses Stephenrsquos name Not long into the discussion you wonder if you have a conflict of interest but you arenrsquot sure

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 35(d) 31 and 32 help you understand your ethical

responsibilitybull How do you fulfil your obligation to keep information like this confidential for the rest of your

life

Case Study 8 You use a tablet and desk top computer for most things you need in ministry You are glad the days of hand-written notes are mostly over for you You have a password on both devices While you are the main user of the computer your children occasionally use it when they need to Mostly this happens when you are around but occasionally one of your children uses the computer while you are out Your children donrsquot have much trouble guessing the password you use the same one or two for nearly everything One day when one of your children uses your computer they find notes you have made in preparation for a funeral of family friend When you come home your child want to know about why you had never told them the friend had a child no one knew about except her brother

Questions for reflection bull What do you say to your child How much more of the situation can you share with your child as

they only know the one basic fact while you know more about the situationbull Does the fact that the funeral is for a family friend change your ethical responsibilitybull What will you do if child tells others what they have learntbull What could you do in the future to better secure your electronic recordsbull What guidance does 37 of the Code of Ethics provide you in thinking

The case studies in this program are an amalgam of case studies provided by ministry agents from a variety of contexts across the Uniting Church Thank you to all those who provided case studies

12 | 2 0 2 1 B C O N F I D E N T I A L I T Y | M A T E R I A L F O R P A R T I C I P A N T S

everything the Committee asked of him However you arenrsquot sure you could ever fully trust him as a colleague and you wonder how he will feel about working alongside you At first you sit very quietly when ACOMP discusses Stephenrsquos name Not long into the discussion you wonder if you have a conflict of interest but you arenrsquot sure

Questions for reflection bull What are your ethical responsibilities in this situation What should you do nextbull How do the Code of Ethics 37 35(d) 31 and 32 help you understand your ethical

responsibilitybull How do you fulfil your obligation to keep information like this confidential for the rest of your

life

Case Study 8 You use a tablet and desk top computer for most things you need in ministry You are glad the days of hand-written notes are mostly over for you You have a password on both devices While you are the main user of the computer your children occasionally use it when they need to Mostly this happens when you are around but occasionally one of your children uses the computer while you are out Your children donrsquot have much trouble guessing the password you use the same one or two for nearly everything One day when one of your children uses your computer they find notes you have made in preparation for a funeral of family friend When you come home your child want to know about why you had never told them the friend had a child no one knew about except her brother

Questions for reflection bull What do you say to your child How much more of the situation can you share with your child as

they only know the one basic fact while you know more about the situationbull Does the fact that the funeral is for a family friend change your ethical responsibilitybull What will you do if child tells others what they have learntbull What could you do in the future to better secure your electronic recordsbull What guidance does 37 of the Code of Ethics provide you in thinking

The case studies in this program are an amalgam of case studies provided by ministry agents from a variety of contexts across the Uniting Church Thank you to all those who provided case studies