Inquiry delayed by challenge to commissioner

AN inquiry to chart a course for the future of Queensland's child protection system has been stalled by a controversy.

AN inquiry to chart a course for the future of Queensland's child protection system has been stalled by a controversy that began 22 years ago.

On the opening day of the 10-month inquiry, Child Protection Commissioner Tim Carmody was asked to stand aside over his handling of the so-called Heiner affair in his last two weeks as the state's crime commissioner in 2004.

Whistleblower Kevin Lindeberg has relentlessly pursued the case and yesterday his barrister, Sydney QC David Rofe, requested that Mr Carmody step aside from the entire inquiry.

Mr Carmody will reconvene the inquiry next week to hear submissions and respond. "The reality is my tenure as crime commissioner was going to end, I think within a fortnight of that meeting," he told the hearing.

"I will hear submissions from anybody about (the examination) and my role into it."

The Heiner affair centres on the deliberate shredding in 1990 of documents relating to the establishment of an inquiry, headed by Noel Heiner, to investigate allegations of rape at the John Oxley youth detention facility.

Counsel assisting the inquiry Michael Copley SC said yesterday a submission to a 2004 federal inquiry complained of the "extraordinary inaction" of the Queensland Crime Commission for not holding its own public inquiry into the allegations and the government's response.

The Child Protection Inquiry, which was established to fulfil a Campbell Newman election promise, will devise ways to maintain an efficient and effective child-protection system amid rising notifications and costs.

The woman at the centre of the 1988 rape allegation has told The Australian she wants to give evidence at the inquiry to ensure similar crimes are not repeated.

Counsel assisting the inquiry Kathryn McMillan SC said yesterday that last year 7602 children were in out-of-home care in Queensland, a jump from 5972 in 2000. For comparison, there were 5527 prisoners.

"Sadly for some, especially vulnerable infants and their siblings, instead of being a safe haven, the home itself can be a dangerous, unpredictable, and even frightening place at times," Ms McMillan said.

She said the state had spent more than $695 million on the child protection system in 2010-11.

Indigenous children were six times more likely to be the subject of a substantiated notification than non-indigenous children, and nine times more likely to be in out-of-home care.

They made up 37 per cent of the children in out-of-home care.

A spokeswoman for Attorney-General Jarrod Bleijie said: "The Attorney-General has every confidence in commissioner Tim Carmody and his ability to conduct the inquiry in an open and transparent manner."

Speaking outside the hearing, Bravehearts founder Hetty Johnston said: "I think it's a shame. I think there can't possibly be a better person to run this than Tim Carmody."