Broad Focus May Blunt Royal Commission into Child Sexual Abuse
By John White
Public expectations of the royal commission into child sexual abuse may well outweigh what it can feasibly deliver, writes John White THE Commonwealth Government has announced a Royal Commission into Institutional Responses to Child Sexual Abuse. But what is the commission going to do? The Government has released a consultation paper for comment and you can find it online at http://childabuseroyalcommission.dpmc.gov.au/consultation-paper The submissions deadline (unless extended) is 4.30pm today. The address for submissions is royalcommissionsecretariat@pmc.gov.au. Read on, before you send off your submission. What is a royal commission, and what can it, and can't it, do? A royal commission is launched by a government, either state or commonwealth. The Commonwealth wants the states to join in the establishment of this commission. That is important for access to information. Royal commissions are not courts. The High Court has said: "The duties of the commission are to inquire and report ... The commission can neither decide nor determine anything and nothing that it does can in any way affect the legal position of any person." Once a royal commission is created, it has a life of its own. As a result, governments carefully define a commission's terms of reference. A commission can require witnesses to come before it, produce documents and answer questions by sworn evidence, including giving answers that may be incriminating. Its powers include having police execute search warrants. It can pass on information to law enforcement agencies such as the police. However, the evidence it takes can't be used in courts. Evidence is normally taken in public but can be taken in confidence. Evidence will be reported. Witnesses have some protections but face a very real risk of becoming publicly notorious. Understandably, we are not tolerant of people who abuse children. But less obviously, too much sensation may devalue the seriousness of what has happened to victims. The commission will produce a report. A government is not required to act on a royal commission's findings or recommendations but any report will have moral and political force. The Government's discussion paper says "the focus of this royal commission will be on public and private institutions and organisations", not families or communities, where most abuse occurs. It isn't clear what institutions and organisations are included. The intention is to look forward - what should those organisations and institutions "do to prevent child sexual abuse from occurring". But it seems inevitable that the commission will "provide an opportunity for those affected by child sexual abuse to share their experiences, if that is their wish". So the commission will try to see what can be done but will also look back at what has happened. One thing it will not be doing is punishing offenders. It is already against the law to sexually abuse children and people are being prosecuted every day. Nor will it award compensation. But it may try to ensure "there are no obstacles to the making of claims and there is sufficient support for victims of abuse in pursuing those claims". It looks as if it may be at risk of trying to be all things to all people. This is likely to be a problem. So, it is important to work out now what this commission should be doing. It is going to happen, it is going to take a long time - years not months - and it will cost a lot of your money. It will affect community organisations, our lives and our children's lives. There is a real risk that by trying to do too much, it may achieve too little. So think about what you really want it to do.
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