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Christian Brothers properties have been used to house convicted child sexual abuse offenders, including one brother who preyed on orphans and another who was kept in teaching positions for almost three decades after senior officials became aware of his offending.

The Christian Brothers prompted fury from survivors last month when it declared it was about to go broke, and could no longer afford to meet their claims in court.

Last week, the Guardian revealed that the order had kept nine convicted child abusers as brothers within its order, arguing there was a “Gospel imperative” to “care for all Brothers” and “the needy”, according to court documents.

The documents also show the Christian Brothers’ constitution requires it to provide financial support to current brothers, including by covering housing costs, rates, electricity, gas and water bills, health insurance, reimbursement for medical, dental and physiotherapy, a “Community Living Allowance” of $1,200 per month, the provision of vehicles and associated costs, money for spiritual development, including retreats, as well as some food and entertainment expenses.

Land title records obtained this week by Guardian Australia show that Christian Brothers-owned property have been used to house at least two brothers with horrific histories of child sexual abuse – Brother Rex Elmer and Brother Peter Toomey.

Toomey was convicted in November 2005 of 10 charges of indecent assault against students at Trinity College in Brunswick in the 1970s and was jailed. He was jailed again in 2019 for sexually assaulting two boys aged 14 and 15 in the 1970s and 1980s.

The royal commission found the Christian Brothers had become aware of child abuse complaints against Toomey very early on in his career, but allowed him to remain in its schools until the end of 2000, almost 30 years later.

In 1973, senior Christian Brothers officials were warned that Toomey had been involved in an “indiscretion” with a boy. Within two years of the first report, they were told he was “too familiar in his touching of the boys”.

Toomey was then moved to Parkville, Forest Hill and Cathedral College schools in quick succession. Senior officials knew that he was organising the choir, altar boys and the school’s “Sexuality Programme” at Cathedral College.

“Because no action was taken, we are satisfied that more children were placed at risk of sexual abuse by Toomey. The reputation of the Christian Brothers was prioritised over the welfare of children to whom Toomey had access, and this was inexcusably wrong.”

He was subsequently sent to Kearney College at Bindoon in Western Australia in 1990, and was subject to another report of an “indiscretion” in 1994, which he admitted.

He was allowed to remain in teaching positions at three schools until the end of 2000, even after another complaint emerged in August 2000.

Elmer was convicted of abusing children at a Christian Brothers facility for wards of the state, the St Vincent’s Boys Home, in the 1970s. He abused orphans with highly traumatic backgrounds and has been sentenced to jail on three occasions, most recently in 2021.

One of his victims told the court:

“I have lived a life of emotional turmoil with constant feelings of shame, fear and psychological scarring to the point of spending most of my life since medicating on illicit drugs and alcohol and the associated traumas of such abuse.

“This abuse has raged inside of me for 46 years and over that period of time I have not lived my life to its full potential. Always for me this abuse has been in the shadows of my mind and at times when I thought I had left it behind it always has returned.”

In 1998, a sentencing judge said Elmer’s victims had believed they were helpless.

“Here was an adult, a man in authority, a man of God, doing what they no doubt believed to be their private acts that were intrusive, obnoxious, frightening and wrong. They believed they were helpless. Who could they tell? Who would believe them? It is little wonder that all your victims bear deep emotional scars to this day.”

A Christian Brothers spokesperson pointed to evidence from its Oceania leader, Gerard Brady, in court explaining its ongoing support of convicted brothers. Brady said such offenders typically had no means of financial support and would become a burden to taxpayers if not supported by the order.

It also had a responsibility to care for the needy and an obligation under canon law to “care for all brothers”.

“We accept that this philosophy requires us to continue contact with and support of those found to have committed serious criminal offences,” he said. “We see this as a Gospel imperative.”

Expelling an offender from the congregation, Brady said, also made it “possible that he would neither seek nor receive treatment for his offending behaviour”.

“We believe that, if the Christian Brothers keep an offender within the Congregation, we are able to monitor his behaviour and support treatment,” Brady said. “We take responsibility for doing so. We believe that society is more likely to be protected by an offender remaining part of the Congregation and being monitored.”

“For these reasons, Brothers who have offended and who have been imprisoned and released remain the responsibility of the Congregation. That being said, we would never let our support for an offender to displace our primary obligation to victims, child safety, cooperation with law enforcement and protection of the community.”

The NSW supreme court last week ordered a moratorium on current and future abuse cases against the Catholic order. The moratorium will give time for survivors to consider a scheme proposed by the Christian Brothers to sell-off its remaining 36 properties and divide the proceeds between a range of creditors, including survivors.

Property records show it has spent the past decade transferring multimillion dollar homes and land and school buildings to a separate entity, Edmund Rice Education Australia, for $1 each.

EREA says it will not sell off those assets to help pay survivors, although the Christian Brothers says it will not do anything to stop survivors attempting to sue EREA.

EREA is currently resisting attempts by survivors to have it replace the Christian Brothers as the defendant to their court claims.

• In Australia, children, young adults, parents and teachers can contact the Kids Helpline on 1800 55 1800, or Bravehearts on 1800 272 831, and adult survivors can contact Blue Knot Foundation on 1300 657 380. In the UK, the NSPCC offers support to children on 0800 1111, and adults concerned about a child on 0808 800 5000. The National Association for People Abused in Childhood (Napac) offers support for adult survivors on 0808 801 0331. In the US, call or text the Childhelp abuse hotline on 800-422-4453. Other sources of help can be found at Child Helplines International