Saturday, 12 January 2013

Royal Commission: Terms of Reference and Commissioners announced

The terms of reference and six Commissioners for the Royal Commission into institutional child sexual abuse have now been announced, embedded in the quaint form of 'letters patent' from the Queen via the Governor General (yes I know we call it a Royal Commission, but I have to admit I hadn't realised the words were used quite so literally!).

The terms of reference

So far responses to the terms of reference seem very positive.

Here are the key sections for your information:

"...to inquire into institutional responses to allegations and incidents of child sexual abuse and related matters, and in particular, without limiting the scope of your inquiry, the following matters:

what institutions and governments should do to better protect children against child sexual abuse and related matters in institutional contexts in the future;

what institutions and governments should do to achieve best practice in encouraging the reporting of, and responding to reports or information about, allegations, incidents or risks of child sexual abuse and related matters in institutional contexts;

what should be done to eliminate or reduce impediments that currently exist for responding appropriately to child sexual abuse and related matters in institutional contexts, including addressing failures in, and impediments to, reporting, investigating and responding to allegations and incidents of abuse;

what institutions and governments should do to address, or alleviate the impact of, past and future child sexual abuse and related matters in institutional contexts, including, in particular, in ensuring justice for victims through the provision of redress by institutions, processes for referral for investigation and prosecution and support services.

AND We direct you to make any recommendations arising out of your inquiry that you consider appropriate, including recommendations about any policy, legislative, administrative or structural reforms.

AND, without limiting the scope of your inquiry or the scope of any recommendations arising out of your inquiry that you may consider appropriate, We direct you, for the purposes of your inquiry and recommendations, to have regard to the following matters:

the experience of people directly or indirectly affected by child sexual abuse and related matters in institutional contexts, and the provision of opportunities for them to share their experiences in appropriate ways while recognising that many of them will be severely traumatised or will have special support needs;

the need to focus your inquiry and recommendations on systemic issues, recognising nevertheless that you will be informed by individual cases and may need to make referrals to appropriate authorities in individual cases;

the adequacy and appropriateness of the responses by institutions, and their officials, to reports and information about allegations, incidents or risks of child sexual abuse and related matters in institutional contexts;

changes to laws, policies, practices and systems that have improved over time the ability of institutions and governments to better protect against and respond to child sexual abuse and related matters in institutional contexts.

AND We further declare that you are not required by these Our Letters Patent to inquire, or to continue to inquire, into a particular matter to the extent that you are satisfied that the matter has been, is being, or will be, sufficiently and appropriately dealt with by another inquiry or investigation or a criminal or civil proceeding.

AND, without limiting the scope of your inquiry or the scope of any recommendations arising out of your inquiry that you may consider appropriate, We direct you, for the purposes of your inquiry and recommendations, to consider the following matters, and We authorise you to take (or refrain from taking) any action that you consider appropriate arising out of your consideration:
the need to establish mechanisms to facilitate the timely communication of information, or the furnishing of evidence, documents or things, in accordance with section 6P of the Royal Commissions Act 1902 or any other relevant law, including, for example, for the purpose of enabling the timely investigation and prosecution of offences;

the need to establish investigation units to support your inquiry;

the need to ensure that evidence that may be received by you that identifies particular individuals as having been involved in child sexual abuse or related matters is dealt with in a way that does not prejudice current or future criminal or civil proceedings or other contemporaneous inquiries;

the need to establish appropriate arrangements in relation to current and previous inquiries, in Australia and elsewhere, for evidence and information to be shared with you in ways consistent with relevant obligations so that the work of those inquiries, including, with any necessary consents, the testimony of witnesses, can be taken into account by you in a way that avoids unnecessary duplication, improves efficiency and avoids unnecessary trauma to witnesses;

the need to ensure that institutions and other parties are given a sufficient opportunity to respond to requests and requirements for information, documents and things, including, for example, having regard to any need to obtain archived material...."

...institution means any public or private body, agency, association, club, institution, organisation or other entity or group of entities of any kind (whether incorporated or unincorporated), and however described, and:
includes, for example, an entity or group of entities (including an entity or group of entities that no longer exists) that provides, or has at any time provided, activities, facilities, programs or services of any kind that provide the means through which adults have contact with children, including through their families; and
does not include the family...."

AND We:

require you to begin your inquiry as soon as practicable, and

require you to make your inquiry as expeditiously as possible; and
require you to submit to Our Governor-General:

first and as soon as possible, and in any event not later than 30 June 2014 (or such later date as Our Prime Minister may, by notice in the Gazette, fix on your recommendation), an initial report of the results of your inquiry, the recommendations for early consideration you may consider appropriate to make in this initial report, and your recommendation for the date, not later than 31 December 2015, to be fixed for the submission of your final report; 
and

then and as soon as possible, and in any event not later than the date Our Prime Minister may, by notice in the Gazette, fix on your recommendation, your final report of the results of your inquiry and your recommendations; and

authorise you to submit to Our Governor-General any additional interim reports that you consider appropriate.

The Commissioners

The Commission is to be led by Justice Peter McClellan AM, Chief Judge at Common Law to the Supreme Court of New South Wales. He was an Assistant Commissioner at the Independent Commission Against Corruption, and a barrister at the Maralinga Royal Commission (into British Nuclear Tests in Outback Australia).  He is presumably not a Catholic since he was educated at Normanhurst Boys' High School (followed by Arts/Law at the University of Sydney).

Productivity Commissioner Robert Fitzgerald, on the other hand, is a well known liberal (or 'progressive') Catholic who has previously advocated getting rid of the hierarchical structures of the Church, and turning parishes and dioceses over to lay leadership.  No doubt he has a number of strong supporters amongst our liberal episcopacy.

The other Commissioners are former Queensland Police Commissioner, Bob Atkinson; Family Court Justice Jennifer Coate; psychiatrist Dr Helen Milroy; and West Australian businessman Andrew Murray.

5 comments:

Victoria said...

You may wish to read :Fr Scapegoat" by Joe Dolce in Quadrant online:

http://www.quadrant.org.au/magazine/issue/2013/1-2/father-scapegoat

Victoria said...

http://www.quadrant.org.au/magazine/issue/2013/1-2/father-scapegoat

You may wish to read Fr Scapegoat by Joe Dolce

Kate Edwards said...

Oh dear, denialism runs rampant (and the Quadrant runs true to form).

PM said...

A useful contribution Dr Milroy could make would be to review the state of psychiatric and psychological opinion in the 1960s. For how much do Freud, the Kinseys, RD Laing and Foucalt (not to mention Cohn-Bendit et al) have to answer for spreading an insouciant view of the matter? Their guff gained wide adherence even in the church (not to mention the secular PC elite) in the late 60s. Catholics of a certain age will remember 'befriending your Jungian shadow'. One of the things we desperately need is an accounting for failures in formation and supervision of clergy and religious before and after Vatican II - but I doubt we'll get it.

By the way, have you seen the Jack Waterford piece suggesting the bishops out their lawyers? Is he trying to get himself sacked from Fairfax - or torn limb from limb before leaving the building?

A Canberra Observer said...

whatever happens, the Church will suffer from this as every bigotted and/or maligned person (these are of course not mutually exclusive) joins the fray.
So much neglect that our bishops have to answer for.