PM Julia Gillard Announces Terms of Reference for Royal Commission on Child Abuse
Herald Sun
''Andrew Murray brings tremendous experience as a legislator and member of landmark Senate inquiries into children's experiences in institutional care,'' she said. Ms Gillard said the way in which evidence was collected and when and where hearings would be held would be determined by the commissioners. She expected there would be arrangements for the collection of evidence from people who had lived in Australia as children but had since moved overseas. ''I would anticipate they would put in place mechanisms so people can tell their story no matter where they are,'' Ms Gillard said. Attorney-General Nicola Roxon said the government planned to introduce legislation into parliament when it resumed in February to allow for the six commissioners to hear evidence separately. Under existing laws, all commissioners would have to be present to hear evidence. ''Part of our purpose of our appointing six commissioners is because we expect that there will be large numbers of people who may want to present to the commission,'' Ms Roxon said. ''They may want to do it less formally than would normally be expected and we certainly don't intend that all evidence would be given to every one of the six commissioners at the one time.'' The government has spoken to the Opposition about the change and hopes the legislation will receive the enthusiastic support of all MPs. ''It is something that people can understand will enable the commission to do its work more thoroughly, more sensitively and more quickly.'' Ms Roxon said the public needed to moderate their expectations of the commission's powers. ''It is important to remind the public this royal commission is not a police force, it is not a prosecuting body,'' she said. The attorney-general said some people could hesitate about going to police about child sexual abuse. ''We do think the importance of the work of the commission will mean many people will come to the commission and may want and indeed need assistance in referring the matter to the police,'' she said. The government had suggested establishing an investigation unit, Ms Roxon said. Asked whether she expected all Australian church leaders to give evidence, Ms Gillard said the commissioners would determine their witness list. But she said she had certain expectations. ''I would be saying to all of us, to the whole nation, we have all got an obligation to shine a light on what's happened in the past and to learn from it and to help people heal,'' Ms Gillard said.
''It was a big decision to announce ... and I did it because I thought we needed it as a nation and I did it because I thought people would cooperate and assist with the work of the royal commission.'' The six commissioners will talk on the phone on Monday and hold their first face-to-face discussion on Wednesday. Before the inquiry can begin they need to decide the best way to collect evidence and make recommendations. Ms Roxon said the commission would have ''far-reaching powers'' that could enable them to override confidentiality agreements previously made regarding settlements, or to issue immunity from prosecution. But she said whether those powers would be used was a matter for the commission. She dodged questions about how much the inquiry would cost. ''You can clearly see by the appointment of six commissioners that we expect that it will be a far-reaching inquiry that involves a lot of people and a lot of organisations,'' she said. ''Our government's been committed to provide the resources that are necessary.'' She did say the Australian Federal Police had indicated it would be happy to second officers to the inquiry. Ms Roxon expects the commission to hold both public and private hearings. ''There will be a number of people who would only be prepared to tell their story in closed circumstances and settings,'' she said The government understood the very complex nature of allegations that could be made. ''That's why it has chosen two senior judicial officers as commissioners,'' Ms Roxon said. Child abuse inquiry lacks indigenous focus: Greens The Australian Greens are concerned the royal commission into child sexual abuse lacks a focus on such activities in aboriginal communities. ''Our only concern is the absence of specific reference to Aboriginal abuse,'' Greens leader Christine Milne said in a statement. ''We certainly encourage the commissioners to ensure that they visit indigenous communities, examine the issues specific to them, and take into account the cultural sensitivities surrounding giving evidence.'' Senator Milne said the Greens welcomed the establishment of the commission Church to co-operate with abuse inquiry Senior Catholic figures are "ready and willing" to assist with the royal commission into child sexual abuse in institutions, the church says. The six royal commissioners have yet to determine a list of witnesses. But the chief executive of the Catholic church's newly-formed Truth, Justice and Healing Council, Francis Sullivan, says the church is committed to "fully cooperate and engage" with the commission. "We have no idea who the commissioners will ask to appear before them," he said. "But one thing you can be assured of is the Catholic church leadership has made it clear they will fully cooperate so the people the commission wish to speak with will be there." Mr Sullivan, whose council will be the conduit between the church and the inquiry, said the church wanted the "truth to come out". "It's important for victims and people who have been damaged by the atrocities that their dignity is preserved and a process of justice can lead to healing," he said. "But it's also important because a lot of mismanagement occurred in the past, but in the present there's improvement and we want to tell that story as well." He said it was heartening to hear the government would be putting extra support services in place for people who may be re-traumatised by the experience. But there also needed to be a long-term commitment to boost support. Mr Sullivan said the commission would be worth it, whatever the final cost in dollar terms. "The cost to people's lives is the biggest cost and royal commissions are not engaged lightly by governments," he said. "But what it is saying is that this is an exceptionally important issue that the community wants to see addressed. "People's lives have been lost, some families have lived with the damage of these scandals for most of their lives, and that cost is the greatest cost that needs to be addressed." Meanwhile, UnitingCare Australia National Director Lin Hatfield Dodds has welcomed the appointment of multiple commissioners, saying her group had urged such an approach. "In our submission, we argued for the appointment of more than just one commissioner, saying a broad range of expertise was needed to deal with the volume of work that this issue will generate," Ms Hatfield Dodds said. "We said the scope of the commissioners' experience should include legal and judicial expertise, an understanding of the legal structures of the institutions that will be the subject of the inquiry, including church legal structures, and of the governance of social services and independent schools.'' Bravehearts ecstatic over royal commission A leading child protection advocacy group is absolutely ecstatic about the terms of reference for the royal commission into child sexual abuse. Bravehearts director Hetty Johnston welcomed the inclusion of the group's submission in the terms of reference. ''We couldn't be happier, we're absolutely ecstatic,'' she said. ''It's absolutely everything we hoped it would be, we're absolutely thrilled with the outcome,'' she told AAP. ''We couldn't have written it better ourselves.'' Bravehearts put forward three key recommendations: that the commission is specific to child sexual assault, not general neglect and abuse; that it examines the judicial system policies and practices; and that it sets up an ''escape mechanism'' so people under suppression orders or confidentiality agreements can still give evidence. Ms Johnston said the commission's terms includes their submissions and they look forward to seeing it start work. ''This generation and the next, and at least five generations of Australians will benefit from this,'' she said. McClellan 'ideal' candidate for commission Justice Peter McClellan's compassion and experience make him an excellent choice to head the royal commission into child sex abuse, NSW Attorney-General Greg Smith says. Mr Smith said the current Chief Judge at Common Law of the NSW Supreme Court, was an ''excellent choice''. ''His extensive experience appearing in and running complex inquiries, his ability for hard work and his compassion make him an ideal candidate,'' Mr Smith said in a statement today. ''He is one of Australia's top lawyers, known for his principled approach and commitment to fairness and justice. ''I am confident he will give all parties a full and fair hearing and guide the commission well.'' During his career, which Ms Gillard described as ''extensive'', Justice McClellan has chaired the Sydney Water Inquiry and worked on a royal commission into British nuclear testing. The judge has also been an assistant commissioner at the Independent Commission Against Corruption and chief judge of the Land and Environment Court of NSW. He also regularly sits on the Court of Appeal and Court of Criminal Appeal. Mr Smith said Justice McClellan will be on leave from his position as chief judge for the duration of the commission. ''We will miss his talents in NSW but I wish him well in this important task.'' Independent investigators crucial, says whistleblower A senior NSW police officer who blew the whistle on an alleged cover-up of clergy child abuse says independent investigators will be crucial to the royal commission on abuse. Detective Chief Inspector Peter Fox said he was pleased to hear the investigative unit would be established. He said police investigations into abuse had been ad hoc across the states and an independent body of seconded police officers would be valuable. "The police are those who are best suited to make and conduct investigations, but they have got to be answerable to the royal commission, not state or territory bodies," he told ABC TV. He said many police task forces had been set up in the past, but there had been no co-ordinated approach. Insp Fox said the inquiry also needed to examine how church law interacted with criminal law. "Most church law worked well, but some parts were dysfunctional," he said. "Effectively they overrule any state or national laws on how their employees, that is the clergy, are to treat reported crimes and that to me is very alarming."
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