NT juvenile detention: PM should attach new inquiry to existing Royal Commission into child abuse

As Federal Cabinet prepares to consider what form its new Royal Commission will take, here’s a suggestion: attach it to the existing Royal Commission into child abuse.

If seeking justice for the boys the nation saw being abused on Monday night, then justice needs to be done sooner rather than delayed, possibly for a year, by an entirely-new Royal Commission.

Given how quickly the Prime Minister called the Royal Commission, the government is now trying to work out what happens.

My colleague Dennis Shanahan correctly cautions that by not having the terms of reference already determined, expectations are being raised by the hour.

He also makes the point that a new Royal Commissioner may seek to have their term extended.

By attaching it as a separate reference to the current Royal Commission — which the government can do tomorrow — it can avoid the delays and costs of setting up a new Royal Commission.

The Royal Commission into Institutional Responses to Child Sexual Abuse has a fulltime staff of about 300 people and a budget of $372 million.

It has six commissioners, led by one of Australia’s most senior judges, Justice Peter McClellan, QC.

Most parties involved, including those who were subjected to abuse, believe Justice McClellan is running a thorough and efficient commission and that all parties are being given a fair hearing.

Nobody would argue with Justice McClellan’s credentials to oversee one new reference — the Don Dale facility in Darwin, which was the focus of the Four Corners report.

The current commission is able to deliver interim reports into particular institutions.

It is a highly-mobile commission — its commissioners and staff regularly fly around the country to capital cities and regional areas for sessions.

It has so far held 41 public hearings — it could hold public hearings in Darwin into the Don Dale facility within weeks.

Since it held its first sitting in April 2013, it has held 5502 private sessions.

It has developed an expertise at investigating allegations of abuse and how institutions responded.

It has been investigating institutions far more diverse and complicated than Don Dale — such as the Catholic Church.

The commission has some of the best investigators in Australia, including several Australian Federal Police investigators who are on secondment.

It has also become expert at looking at the cultures that existed in various organisations, from the Catholic Church to the Salvation Army.

Chair of the Royal Commission into child abuse, Justice Peter McClellan. Picture: Jeremy Piper

Obviously, in this case, the culture in the NT’s juvenile detention system needs to be examined, as do the cultural issues which mean that 97 per cent of those in detention are indigenous youth.

One of the current six commissioners in the McClellan commission and some of the AFP investigators and support staff could be dispatched to Darwin and quickly be able to establish exactly what occurred at the Don Dale Juvenile Detention Centre and who is responsible.

It could quickly identify the guards and whether criminal charges should be laid.

It could also examine the “institutional response” of the NT Department of Corrections.

What did the Department and Minister know, and what did they do about it?

This means that before Christmas the commission could deliver a report on this matter.

Much of the material is already on the public record. There are several government reports on the system already done, including reports about Don Dale.

And Four Corners has done much of the research for the commission.

The advantage of joining forces with the current Royal Commission is that it would also remove the Northern Territory government from involvement — given the allegations involve the NT government and its system, surely it should not have any role in the Royal Commission.

If a completely new commission is set up, it will not have hired its staff or set up its facilities for months.

Royal Commissions are not “pop-up restaurants” — you can’t just hire a demountable shed and a few tables and start serving meals.

The Prime Minister is saying he wants a report by early next year.

No Royal Commission in Australian history has ever been set up, done its investigation and reported that quickly.

They just don’t work that way.

In fact, they cannot work that way — that can hardly be a serious investigation that accords due process to all involved.

Surely, for the boys, justice delayed is justice denied.

By attaching a reference to an already-established commission, justice can be served quickly and efficiently.