Kirchenakte Documented events from judgments, reports and church documents
1993-2008 · 15 years · show in timeline

Wollongong 1993 to 2008: An accused priest resisted his removal for twelve years; the Congregation for the Clergy in Rome ruled in his favour, and the supreme tribunal took five and a half years

In Case Study 14 the Australian Royal Commission examined how the Church dealt with Father John Nestor of Wollongong, who organised camps for children. In 1993 Father Brian Lucas interviewed him and as usual took no notes; according to the commission, this practice ensured there was no written record of admissions, to protect the priest and the Church. Nestor was convicted in 1996 of an assault on a boy and acquitted on appeal in 1997. The bishop forbade him to say public mass; Nestor did so anyway, invited by two parish priests. The Congregation for the Clergy in Rome ruled in Nestor's favour; the Church's supreme tribunal took five and a half years, during which Nestor ministered abroad. An investigation sustained three of four allegations; in 2008 Benedict XVI dismissed him from the priesthood.

Period
1993-2008 (15 years)
Country
Australia, Vatican City
Institutions
Diocese of Wollongong
Congregation for the Clergy
Apostolic Signatura
Congregation for the Doctrine of the Faith
Category
Sexual abuse, Cover-up
Level of evidence
A Primary source · what does this mean?
Persons
John Nestor (priest in Wollongong, convicted in 1996, acquitted in 1997, dismissed from the priesthood in 2008)
Brian Lucas (priest and lawyer, kept no notes of interviews with accused priests)

What happened to the people

How were they charged and sentenced?

  1. Nestor was ordained in 1989 and from the late 1980s organised camps for children, including altar boys. In the early 1990s there were rumours and complaints about his conduct with boys. In 1993 Father Brian Lucas interviewed him on the bishop's behalf and, as was his practice, took no notes during or after the interview. According to the Royal Commission, this practice ensured that there was no written record of any admissions of criminal conduct, in order to protect the priest concerned and the Church.
    Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 7
    „From about the late 1980s1 Nestor organised camps for children in the Diocese.“
    Report of Case Study No. 14: Catholic Diocese of Wollongong, S. 7. Original · Archive copy
    Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 4
    „Father Lucas told us that, in keeping with his usual practice, he did not take notes during or after this interview.“
    Report of Case Study No. 14: Catholic Diocese of Wollongong, S. 4. Original · Archive copy
    Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 4, Feststellung 3
    „An outcome of Father Lucas’ practice of not taking notes of interviews, such as his interview with Nestor, was to ensure that there was no written record of any admissions of criminal conduct in order to protect the priest or religious concerned and the Church“
    Report of Case Study No. 14: Catholic Diocese of Wollongong, S. 4, Feststellung 3. Original · Archive copy
  2. In December 1996 Nestor was convicted of aggravated indecent assault on a boy under sixteen; in October 1997 he was acquitted on appeal. The bishop forbade him by decree to exercise public ministry. Nestor disobeyed and celebrated mass several times, invited by two parish priests, which according to the commission undermined the protection of children.
    Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 7
    „In December 1996, he was convicted in the Wollongong Local Court of aggravated indecent assault and an aggravated act of indecency on a person under the age of 16 years. In October 1997, he was acquitted on appeal to the District Court of New South Wales.“
    Report of Case Study No. 14: Catholic Diocese of Wollongong, S. 7. Original · Archive copy
    Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 5
    „Nestor disobeyed his bishop and performed mass on more than one occasion.“
    Report of Case Study No. 14: Catholic Diocese of Wollongong, S. 5. Original · Archive copy
    Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 5, Feststellung 6
    „undermined Bishop Wilson’s efforts to protect children from possible sexual abuse by Nestor as a cleric“
    Report of Case Study No. 14: Catholic Diocese of Wollongong, S. 5, Feststellung 6. Original · Archive copy

What happened to those affected?

  1. An independent investigation under the New South Wales Ombudsman Act sustained three of four allegations against Nestor. In October 2008 Pope Benedict XVI dismissed him from the clerical state. According to the commission, Bishop Ingham should have made public that this was because of the findings of sexual abuse.
    Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 5
    „This investigation resulted in three out of the four allegations against Nestor being sustained.“
    Report of Case Study No. 14: Catholic Diocese of Wollongong, S. 5. Original · Archive copy
    Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 5
    „Pope Benedict XVI dismissed Nestor from the priesthood in October 2008.“
    Report of Case Study No. 14: Catholic Diocese of Wollongong, S. 5. Original · Archive copy
    Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 6, Feststellung 9
    „Bishop Peter Ingham should have made it known publicly that Nestor had been dismissed from the clerical state because of the findings of child sexual abuse and other inappropriate conduct made against him.“
    Report of Case Study No. 14: Catholic Diocese of Wollongong, S. 6, Feststellung 9. Original · Archive copy

Background

Response of the Church

  1. Nestor appealed to the Congregation for the Clergy in the Vatican, which according to evidence before the commission tends to favour clergy in such cases, and won. The diocese went to the Apostolic Signatura, the Church's highest tribunal; the decision in favour of the diocese took nearly five and a half years. During this time, according to the commission, Nestor was abroad for years, undertook some public ministry and was a potential risk to children.
    Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 5
    „We heard evidence that the CFC tends to favour the clergy in such circumstances“
    Report of Case Study No. 14: Catholic Diocese of Wollongong, S. 5. Original · Archive copy
    Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 5
    „after nearly 5½ years the Apostolic Signatura made a decision in favour of the Diocese“
    Report of Case Study No. 14: Catholic Diocese of Wollongong, S. 5. Original · Archive copy
    Evidence: Royal Commission into Institutional Responses to Child Sexual Abuse, Australien, S. 5, Feststellung 7
    „resulted in Nestor being abroad for many years, where he undertook some public ministry and was a potential risk to children“
    Report of Case Study No. 14: Catholic Diocese of Wollongong, S. 5, Feststellung 7. Original · Archive copy

See also

Original documents to read

  1. Government report
    Royal Commission into Institutional Responses to Child Sexual Abuse, Australien: Report of Case Study No. 14: Catholic Diocese of Wollongong. Original · Archive copy (retrieved 30 Oct 2026)
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