Child Protection Royal Commission Hearings to Be Held in Private

Perth Now
August 10, 2015

http://www.perthnow.com.au/news/national/child-protection-royal-commission-hearings-to-be-held-in-private/story-fnii5yv8-1227478038241

former Supreme Court Judge Margaret Nyland, the Royal Commissioner into SA’s child protection system.

THE Royal Commissioner examining South Australia’s child protection system has revealed plans to take evidence from 13 foster care or welfare agencies, but all hearings will be closed to the public.

At least two of the witnesses giving evidence say they would be happy to do so openly and the Opposition has called for open hearings to be the “default position”, unless discussing details of sensitive child abuse cases.

Applications can be made to the Commissioner, former Supreme Court Judge Margaret Nyland, for a hearing to be opened to the public or Justice Nyland can declare a hearing open if she believes the evidence is of public interest.

At a national level, the Commonwealth Royal Commission into Institutional Responses to Child Sexual Abuse is conducting open hearings, as is the Victorian Royal Commission into Family Violence.

The SA inquiry was sparked by the arrest of Families SA carer Shannon McCoole over the sexual abuse of children in his care.

It has so far held 195 private hearings involving 209 witnesses.

A spokeswoman for Justice Nyland said hearings have been closed so witnesses can “give frank evidence about relevant matters, many of which are of a sensitive nature”.

“Witnesses have included a number of frontline child protection workers who in other circumstances may have been reticent about coming forward to openly discuss current system deficits,” she said.

Child and Family Welfare Association executive director Albert Barelds, who gave evidence on Monday, said he did not apply to have his hearing opened to the public but said he was “very supportive to have it open”.

Uniting Communities chief executive Simon Schrapel, who is due to give evidence on September 8, also said he “would be quite comfortable” doing so publicly.

“I would have thought that the default works better that it’s open, unless somebody expressly requests that it be closed,” Mr Schrapel said.

“Sometimes there’s reasons for things to be kept confidential, especially to do with individual cases.

“(But) for most of us that are giving evidence from organisations we’re going to focus on policy.”

Other organisations set to give evidence by September 17 are Anglicare, Baptist Care, Life Without Barriers, Aboriginal Family Support Services, Junction Australia, Key Assets, Lutheran Community Care, Connecting Foster Carers SA, Centacare Catholic Family Services Adelaide, Unitingcare Wesley Country SA and the Salvation Army.

Many have made written submissions which have already been published on the commission’s website.

Liberal deputy leader Vickie Chapman said Justice Nyland “should retain the discretion to conduct closed hearings when necessary but the default should certainly be for hearings to be open to the public”.