Commission into Child Sex Abuse Will Expose Secret Deals

Courier Mail
January 17, 2013

www.couriermail.com.au/news/national/commission-into-child-sex-abuse-will-expose-secret-deals/story-fndo1uez-1226555381127

THE royal commission into child sex abuse will have the power to over-ride confidentiality agreements, potentially exposing protected religious leaders.

In a move welcomed by victims groups, commission chair Justice Peter McClellan yesterday said he would not hesitate to exercise legal powers to "compel the production of evidence".

The clarification comes after public concern that victims with non-disclosure agreements with institutions would not be able to tell their stories.

"Under the Royal Commission Act, the commission has powers to compel the production of evidence, including documents, and we will not hesitate in an appropriate case to exercise those powers," Justice McClellan said.

"We will of course be mindful of the potential sensitivity of some of those matters which may require the commission to place constraints upon the further publication of any details which it obtains by this means. However, the commission expects that all institutions that may have entered into confidential agreements with individuals will co-operate with the commission in relation to the disclosure of those matters."

Bravehearts founder Hetty Johnston said this meant institutional cover-ups would finally be exposed.

"The message is clear - the commission means business," she said. "Anyone who has paid compensation has failed in their duty of care. How that priest, teacher, sporting coach has avoided the system for so long will finally be out in the open."

Justice McClellan yesterday met his fellow commissioners, former Queensland police commissioner Bob Atkinson, Family Court judge Jennifer Coate, Productivity Commissioner Robert Fitzgerald, Aboriginal health academic Helen Milroy and former West Australian senator Andrew Murray.

Justice McClellan didn't provide a timeframe for the start of public hearings, saying the task facing the commission was large and complex.

He said highly sensitive matters may be heard privately, and "real names may not be used".