Victorian Government Moves Swiftly to Implement Recommendations of Abuse Inquiry

By Jeff Waters
ABC News
November 12, 2013

http://www.abc.net.au/news/2013-11-13/inquiry-recommnends-making-failure-to-report-sexual-abuse/5088212

[the report]

Victorian Premier Denis Napthine says the Government will immediately begin drafting legislation in response to the Victorian Parliament's inquiry into the handling of child abuse by religious and other organisations.

The two-volume report entitled Betrayal of Trust report makes 15 recommendations.

The report calls for a new law to ensure anyone failing to report serious child abuse or concealing it is guilty of an offence.

The report also recommends the creation of a criminal offence of "grooming" children and a new criminal offence of "endangerment" where figures of authority within institutions can be sanctioned for not taking enough precautions.

The report calls upon the Victorian Government to work with Canberra to require religious and other non-government organisations to incorporate legal structures - something resisted by the Catholic Church.

The Federal Government has six months to respond but Dr Napthine says the Victorian Government will not be waiting.

He expects legislation will be introduced to Parliament early next year.

"We will commence immediately drafting legislating to implement a number of the key recommendations, including creating a new grooming offence, creating a new child endangerment offence (and) making it clear that it is a crime to conceal criminal child abuse offences," he said.

Dr Napthine says he will act immediately to protect the children of Victoria.

"I'm ashamed and embarrassed by the actions of the Catholic Church, or the lack of actions on these matters," he said.

"The protection of children in Victoria is paramount.

"We have heard through this inquiry the voices of the victims and those who spoke on their behalf. We have heard those voices and we will not let them down."

Dozens of victims of abuse by clergy and at non-church institutions and their families were in the public gallery.

They erupted in applause after the findings were handed down.

Committee chair Georgie Crozier says a series of other recommendations will make it easier for adults to seek justice for offences committed against them when they were children.

She says the removal of child abuse from the statute of limitations, where legal action must be taken within a certain time period, would recognise the fact it can take decades for victims to admit they have been abused.

"Our report also has proposals to make it easier for victims to sue an organisation by recommending changes to ensure they are a legal entity," Ms Crozier said.

"We propose that organisations receiving tax-exemptions or funding from the Victorian Government should be incorporated and adequately insured."

Ms Crozier says children had been betrayed by trusted figures and suffered unimaginable harm.

The committee has also recommended the establishment of a new, privately-funded body designed to help victims seek help.

"We believe this alternative justice avenue for victims should be paid for by non-government organisations and operated absolutely independent of organisations," Ms Crozier said.

"In designing a new scheme, we believe it is critical that victims are consulted on its design."

The report says the committee recommends the Victorian Government review the functions of the Victims of Crime Assistance Tribunal (VOCAT) "to consider its capacity to administer a specific scheme for victims of criminal child abuse that... encourages non-government organisations to contribute a fee...[and that they] are responsible for the funding of compensation, needs, and other supports agreed through the process."

"A key feature of the scheme would be that victims receive an independent determination of their claim and assessment of their individual needs, and that would then be funded by the relevant organisation," Ms Crozier said.

She said that during the inquiry many organisations promised to actively cooperate with such a body.

"A failure to do this would constitute another reprehensible betrayal to victims," she said.

If the recommendations are adopted, the Victorian Government will also set up a body to independently monitor organisational responses to child abuse.

It is being asked to nominate an independent statutory body, with relevant legal powers and resources to monitor the handling of cases; undertake independent investigations; audit the systems adopted by organisations and train government officers and non-government organisation employees to properly handle complaints.

Improving child protection measures

The final group of recommendations in the report deal with improving prevention.

The system of working with children checks will be tightened so that all ministers of religion would be included and that all institutions would have to create systems of compliance and monitoring of the initiative.

The Government is being asked to review its contractual and funding arrangements with education and community service organisations that work with children to ensure they meet the new standards and adopt a "zero tolerance of criminal child abuse."

But there would be support for organisations in administering the new regime, with guidance and oversight to be provided by public servants.

Ms Crozier said prevention was a strong focus.

"Preventing criminal child abuse in the first place is our aim and there's a number of ways we can improve our preventative framework," she said.

"We hope this report and our recommendations will help prevent abuse of children in non-government organisations into the future in Victoria but also that our inquiry will assist the work of the Royal Commission and provide a blueprint for other states in reviewing their own child protection networks."