No hiding behind payouts for abuse: inquiry chief

THE head of Julia Gillard's royal commission into child sex abuse has issued a fiery opening warning.

Royal commission

THE head of Julia Gillard's royal commission into child sex abuse has issued a fiery opening warning to churches, state governments and other institutions that he will not let them hide behind confidentiality agreements with their victims.

In his first public statement as chair of the commission, judge Peter McClellan said the inquiry expected full co-operation and it would "not hesitate" to use its powers to force reluctant organisations to provide evidence or hand over documents.

He also warned the public the task facing the commission was immense and it would take many months before they could even "gauge the full extent" of the work required to examine institutional responses to child sex abuse.

GRAPHIC: The commissioners

Joined by his fellow five commissioners at a press conference in Sydney, Justice McClellan said there was considerable public debate about confidentiality agreements and whether the commission had the powers to overturn them. It followed concerns expressed by victims groups, revealed in The Australian, that survivors may not be able to testify if they had signed non-disclosure clauses as part of any settlement.

"We wish to emphasise that under the Royal Commission Act, the commission has powers to compel the production of evidence, including documents, and we will not hesitate in an appropriate case, to exercise those powers," he said.

"The commission expects that all institutions that may have entered into confidential agreements will co-operate with the commission in relation to the disclosure of those matters."

Justice McClellan also used what he described as his "unusual" public statement to reiterate comments from Attorney-General Nicola Roxon that the inquiry would not focus on determining individual compensation claims.

The terms of reference for the commission, announced last Friday, state it "has to ensure justice for victims through the provision of redress by institutions". Victims groups hope this means the commission will recommend a redress body be set up to determine individual compensation claims.

The chief executive of the Catholic Church's newly formed Truth, Justice and Healing Council, Francis Sullivan, last night welcomed the statement, saying the church would not hide behind confidentiality agreements.

"He won't have to issue his powers for us," he told The Australian. "We are quite happy to co-operate on matters of confidentiality agreements."

Hetty Johnston, the founder of victims advocacy group Bravehearts, also welcomed the "clear message" from Justice McClellan.

"I am really happy to hear the tough talk from the commission," she said. "It should be clear to everyone that they are not going to be tolerating any nonsense from anyone."

Adults Surviving Child Abuse president Cathy Kezelman said she was also glad to hear the warning from the commissioners about confidentiality agreements.

"This is about getting to as much of the truth as possible," she said. "Perpetrators have hidden behind secrecy for so long."

In his statement, Justice McClellan also acknowledged survivors would be "apprehensive" about airing claims publicly and the commission would look at different options for testimony to be recorded.

"This may mean that proceedings will take place in private, real names may not be used," he said. "However, wherever possible the commission will proceed in public."

Justice McClellan said the six commissioners would split up to take evidence, covering "the broadest geographical reach for our inquiries".

The inquiry was also establishing a research arm, hiring administrative staff, legal counsel and support staff as well as setting up a hotline for the victims of child sex abuse.

"There are many matters to be resolved and resources to be put in place before we can hold any public hearings," he said.

"It is not possible for us to identify when public sittings may commence."

The Prime Minister has given the commission until December 2015 to complete its inquiry, with an interim report expected by June 2014.