Big hopes but here's a dose of reality

IF parts of the legal profession are right, Christmas has come early - and Julia Gillard is Santa Claus.

The Prime Minister's vague statements about the purpose of the royal commission into child abuse have left critical issues unaddressed.

That failure has raised expectations that this could be one enormous payday for victims of abuse and those lawyers who are fast off the mark.

But don't blame the lawyers. They are simply reacting to the fact that this royal commission is rapidly taking on many of the characteristics of a cargo cult: compensation dollars are expected to fall from the heavens while wrongdoers are expected to be punished.

It would be wonderful if that happened. But here's a small dose of reality that people might wish to consider before signing up with the nearest lawyer.

Fact one: this royal commission will jail nobody. It is a creature of the executive branch of government, not the judiciary.

Fact two: if compensation is ever paid, it will be after the inquiry has investigated the circumstances surrounding incidents of pedophilia. That is a state crime, not a federal crime.

Constitutionally, a federal inquiry into state responsibilities will be more limited than a state inquiry. Yet this inquiry was announced before any agreement with the states on whether they would make it a joint federal-state inquiry.

By positioning themselves on compensation, lawyers are pointing to just one more issue that should have been resolved before deciding to proceed with this royal commission. They are simply doing what lawyers do.

It is a pity the federal government did not do likewise.