Legal firms circle child abuse probe as victims could swamp royal commission

CONCERNS are growing that the child abuse royal commission risks becoming "unwieldy", as law firms begin advertising for victims.

A FLOOD of new sexual-abuse claims against Australian religious institutions has emerged in the six days since Julia Gillard launched a royal commission, but concerns are growing that it risks becoming "unwieldy", as law firms begin advertising for victims wanting compensation.

Victim advocacy group Broken Rites said it had received an unprecedented number of new claims and Bravehearts said there had been an 82 per cent spike in telephone calls since last Monday.

Adults Surviving Child Abuse president Cathy Kezelman said the group had received a 400 per cent spike in calls.

Victoria yesterday became the second state to dismiss Attorney-General Nicola Roxon's push for a joint federal-state royal commission.

A government spokeswoman said while the state would co-operate, it was a national inquiry that "will be run by the commonwealth government".

West Australian Premier Colin Barnett ruled out on Friday running a joint inquiry and Queensland and South Australia said they would not provide funding.

The idea had been mooted by Ms Roxon with historical precedent and as a way to ensure greater co-operation by public servants of state institutions likely to be grilled for their handling of child sex-abuse complaints.

The battle with the states and the wave of fresh allegations received by victims groups follows the Prime Minister's decision last Monday to announce a royal commission but without terms of reference or saying how it would operate, a decision one law expert described as "extraordinary".

Acting Families Minister Brendan O'Connor, who will begin consultations on the terms of reference this week, indicated yesterday that the royal commission could also look at the abuse of indigenous children.

Mr O'Connor conceded there was a "tension" between calls for victims to have their stories heard and for getting an outcome in a set timeframe to improve institutional responses to child abuse.

"People are calling for a confined period of time and at the same they're asking for all things to be considered," he said.

"Now the government -- in determining the composition of the commission and the terms of reference -- has to consider all of these competing interests."

Scott Prasser, the author of Royal Commissions and Public Inquiries in Australia, said the inquiry would become too big if it heard from all victims throughout Australia.

"They have opened an immense can of worms," Professor Prasser said. "The royal commission should be narrow. It should be a policy royal commission rather than an investigatory one that finds blame."

Last week, judge Sean Ryan, who led a nine-year Irish royal commission, said his inquiry had a strategy of choosing "samples" rather than getting tied down in the details of every allegation.

Professor Prasser said given that almost all institutions likely to be examined would be state-based, it would be crucial to get state co-operation.

"The easy answer was to announce a royal commission, but they should have spoken to the states before it and got all their ducks lined up in a row," he said.

Professor Prasser, the executive director at the Public Policy Institute at the Australian Catholic University, said there should be three terms of reference.

These should be identifying the nature and extent of the issue, what caused those systemic failings and national policies to prevent it in the future. "You want to frame it so the royal commission can actually do its job."

The government has received 300 emails to its website and 180 calls from people and organisations wanting to make submissions.

Victoria's Maddens Lawyers has begun advertising to attract victims who may receive compensation from the inquiry and is setting up a victims' register.

In an advertisement, it says: "Royal Commission. Were you sexually abused? You may have a claim. Register now -- time limits apply."

Maddens said it was providing a service free of charge to victims and its lawyers would only get paid by the government if there was a compensation scheme arising from the royal commission.

Maddens Lawyers principal Gary Foster told The Australian his firm had helped people get compensation from the Irish royal commission and was providing free advice for victims.

"We will also be able to inform people of their various entitlements outside the royal commission as well," he said.

Broken Rites spokeswoman Chris MacIsaac said they had a huge response, with many people coming forward to share their stories for the first time.

"The phone just keeps ringing. Most of the new claims that have come in are about the Catholic Church. It's an unprecedented amount in one week."

Ms MacIsaac said some people were keen to make submissions, while others wanted advice on going to the police or their options for compensation.

Bravehearts' executive director Hetty Johnston said there had been an 82 per cent spike in calls and emails, with many contacting them about new claims at the hands of the churches.

Ms Johnston said the inquiry should not become a forum for every victim of child abuse as it would take decades.

Australian University associate law professor Hugh Selby said the decision to announce a royal commission without prior consulting on the terms of reference was "extraordinary".

"Julia Gillard has now dug a hole for herself. If she tries to have a limited terms of reference, various victims groups will say she is backsliding or she has been got, too," he said.

"If she goes with a very wide terms of reference, she is setting up the possibility of a witchhunt and an uncontrolled cost explosion the likes of which this country has never seen before."