Catholic church laws dating back to the institution's inception no longer protect priests from civil and criminal law, a NSW inquiry has heard.
Nor does the church's canon law prevent sexual abuse allegations from being reported to police or condone the destruction of incriminating evidence, the special commission of inquiry being held in Newcastle heard on Wednesday.
The inquiry headed by Commissioner Margaret Cunneen is investigating claims by police whistleblower Detective Chief Inspector Peter Fox that child sexual abuse allegations against Hunter Valley priests Denis McAlinden and James Fletcher were covered up by church leaders who were aided by a "Catholic mafia" within the police force.
Canon law expert and a former priest with the Sydney archdiocese, Dr Rodger Austin, said canon law that once afforded priests some protection from secular laws was superseded by new church codes in 1983.
Under questioning by a barrister assisting the commission, David Kell, Mr Austin said canon law and secular laws were now "interfaced", and while there could be conflict in some cases, "canon law does not prevent reporting (of sexual abuse by clerics) to police".
Church law required cooperation with police in such matters, he said.
When asked about canon law requirements involving the destruction of documents, Mr Austin said canon law directed some confidential documents held by church officials be destroyed 10 years after a priest was convicted of a crime.
But these documents were only to come from an ecclesiastical authority, such as a church tribunal, that had made a definite decision, and then a summary of the case and its finding had to be held on file, Mr Austin said.
Canon law required other documents, such as child sexual abuse complaints, to be kept permanently within church files, even after priests died, he said.
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