Six Commissioners to Run Inquiry into "Hideous" Child Sexual Abuse

By Rick Morton
The Australian
January 11, 2013

http://www.theaustralian.com.au/national-affairs/in-depth/six-commissioners-to-head-inquiry-into-hideous-child-sexual-abuse/story-fngburq5-1226552037781

JULIA Gillard says six "very eminent" Australians conducting the royal commission into child sexual abuse will ensure victims will no longer be ignored.

Julia Gillard today announced the terms of reference for the inquiry, to be led by senior NSW judge Peter McClellan, and which will be expected to provide an interim report by the end of June 2014. It is scheduled to wind up in December 2015.

As well as the appointment of six royal commissioners, the inquiry will include a special unit to investigate cases of sexual assault and organisational cover-up to ensure the inquiry does not get bogged down by thousands of individual claims.

Ms Gillard said the nation needed the royal commission because child sexual abuse in institutions was a “hideous, shocking and vile crime” and victims needed to be heard.

“It is clear from what is already in the public domain that too many children were the subject of child sexual abuse in institutions,” the Prime Minister said.

“And that too many adults who could have assisted them turned a blind eye so that they didn't get the help that they needed.”

Ms Gillard said the royal commission would focus only on child sex abuse in institutional contexts.

“It will not deal with child sexual abuse in the family, it will also not deal with abuse of children which is not associated with child sexual abuse.”

As well as the Justice McClellan, who is chief judge at common law of the NSW Supreme Court, the royal commissioners are former Queensland police commissioner Bob Atkinson, Family Court judge Jennifer Coate, Productivity Commission commissioner Robert Fitzgerald, academic Professor Helen Milroy and former Australian Democrats senator Andrew Murray.

“(Mr Atkinson) brings over 40 years of policing experience to the royal commission, including 12 years as Police Commissioner,” Ms Gillard said.

“Justice Jennifer Coate served for 20 years as a magistrate and county court judge in Victoria, including for five years as the President of the Children's Court.

“(Mr Fitzgerald) has experience in commerce, law, public policy and community services, including as Community and Disability Services Commissioner and Deputy Ombudsman in New South Wales.”

Ms Gillard said Ms Milroy would provide extensive experience in child and adolescent health, including the mental health impacts of child sexual assault.

“Andrew Murray brings tremendous experience as a legislator and member of landmark Senate inquiries into children's experiences in institutional care,” she added.

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.

“We expect very large numbers of people who want to give evidence, to present evidence to the commission and obviously we don't expect all evidence to be presented to every one of the six commissioners,” Ms Roxon said.

“We have spoken to the opposition about this change and we do hope to have the enthusiastic support of the parliament.”

Ms Gillard said the inquiry would send a clear message to child sexual abuse survivors.

“For too many, the trauma of that abuse has been compounded by the sense that they had, that their nation doesn't understand or doesn't care about what they've suffered.

“To those survivors of child sex abuse, today we are able to say we want your voice to be heard, even if you've felt for all of your life that no one's listened to you, that no one has taken you seriously, that no one has really cared.”

Ms Roxon conceded the commission would “require significant resources”.

“We will need significant resources to establish this commission as a whole, you can clearly see by the appointment of six commissioners it will be a far-reaching inquiry,” she said.

“The way the resources are divided between legal assistance and support, for research teams for the commissioner will be a matter for the commission.”

Community Services Minister Jenny Macklin said funding would be made available to organisations that abuse survivors “know and trust” but would not elaborate on how much or whether any of it would be new funding.

“We are working through funding arrangements right now, we realise there will be increased demands on organisations who have been advocates and supporters of child sexual abuse survivors.”

Ms Gillard said other procedural issues, notably whether the royal commission will compel Catholic priests to break the “inviolable seal of confession” or whether previously signed confidentiality agreements will be a concern, will be a “matter for the commission itself”.

Child protection advocacy group Bravehearts said it was thrilled about the terms of reference for the royal commission.

“We couldn't be happier, we're absolutely ecstatic,” said Bravehearts director Hetty Johnston, as she welcomed the inclusion of the group's submission in the terms of reference.

“It's absolutely everything we hoped it would be, we're absolutely thrilled with the outcome.”

Senior Catholic figures say they are “ready and willing” to assist with the royal commission.

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.

NSW Attorney-General Greg Smith said Justice McClellan was an “excellent choice” to head the inquiry.

“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.

“I am confident he will give all parties a full and fair hearing and guide the commission well.”

Additional reporting: AAP