Institutions need to be accountable for child abuse under their care: RC Chair

By Bridget Brennan
ABC - AM
July 15, 2015

http://www.abc.net.au/am/content/2015/s4273855.htm?site=perth

ASHLEY HALL: The head of the royal commission into child sex abuse says it's time to consider whether institutions should be criminally liable for the abuse of children under their care.

The chairman of the commission, Justice Peter McClellan, is set to make the comments today in Perth in a speech to mark the half way point of the hearings.

He says greater accountability is needed for the places and organisations where sexual abuse takes place.

Bridget Brennan reports.

BRIDGET BRENNAN: The royal commission has been running for two and a half years now and there's already been more than 13,000 allegations of institutionalised child sexual abuse.

Leonie Sheedy is from Care Leavers Australia Network, one of the groups that's been encouraging victims to speak up.

LEONIE SHEEDY: You know, I sat in a country town in Victoria on Saturday with a man of 80 years of age, with his wife, and she learnt things that she'd never heard in 58 years of marriage.

It's important that they don't die with this story never being shared.

BRIDGET BRENNAN: The commission's chairman Justice Peter McClellan has previously said that it's vital victims receive compensation for the abuse they've suffered.

And with today marking the halfway point of the Commission's five year term he'll give a speech in Perth to say it's time to consider whether institutions should also face criminal charges for the abuse that went on inside their walls.

These institutions include schools, religious organisations and welfare bodies, but at this stage it's not clear what types of penalties would be imposed.

It's an idea though that has the support of Sydney solicitor John Ellis, who is also an abuse survivor.

JOHN ELLIS: One of the things that's been raised by the institutions is it would be unfair on them to place liability for criminal actions of their employees.

But, you know, the point is made that while the institution may be innocent of negligence in some circumstances, the victim or survivor of the abuse is also innocent.

So, you know, the question is of those who should have the responsibility for the harm that's been caused? And in our view it certainly shouldn't be the survivor.

BRIDGET BRENNAN: John Ellis's attempt to sue the Catholic Church for compensation was unsuccessful because a NSW Appeal Court ruled that the Church is not a legal entity.

Mr Ellis says unless there's law reform at a federal level to make institutions liable for abuse the work of the royal commission will be pointless.

JOHN ELLIS: If we get to the end of this process and people are in the same legal situation as I was in, then I can just see a situation where once the white heat of the commission has gone off the institutions they're going to fall back into their old ways.

BRIDGET BRENNAN: Victims' rights advocate Leonie Sheedy agrees.

LEONIE SHEEDY: Well I think that they should be liable for the conduct of their employees. They need to have policies in place that protect children and they must be able to be sued for the crimes that were committed on their turf.

BRIDGET BRENNAN: The royal commission's recommendations on compensation for victims will be handed to the Federal Government in the coming weeks.

And a research paper for criminal liability for institutions is underway.

ASHLEY HALL: Bridget Brennan.