Lawyers helped PS fat cats escape abuse inquiry blame

Shortcomings in the laws governing the Commission of Inquiry meant that some of who should have been named in the final report were not held to account, parliament has heard.

Labor leader Rebecca White speaks to the media on Parliament Lawns in Hobart on Wednesday, September 6, 2023.

Shortcomings in the laws governing the Commission of Inquiry meant that some of those who should have been named in the final report were not held to account, parliament has heard.

The Commission’s final report, tabled on Tuesday, noted that lawyers acting for the state government and some public servants had argued the law did not allow adverse comments to be made against them.

“This interpretation made it difficult and, in some cases impossible, for us to make some of the findings we might otherwise have made,” the report said.

“We had to make some difficult decisions about how we wrote our report and framed our findings.

“Pursuing an adverse finding would have been time-consuming, expensive, lengthened the life of our Inquiry and diverted us away from other important activities such as designing recommendations for the future that could be implemented as quickly as possible.”

Labor leader Rebecca White said it meant that some of those who should have been held responsible for their actions, or inaction, had escaped adverse notice.

“This means there was information uncovered by the Commission, but which is not in their final report that could expose how the actions or failures of individuals contributed to the harm that was allowed to be inflicted upon Tasmanian children,” she said.

“Premier as you said yesterday, it is important that we get this right that it is not rushed and that we are all held accountable.

“How will your government ensure accountability for those people who weren’t able to be held accountable by the Commission?”

Commission of Inquiry being tabled in parliament, Premier Jeremy Rockliff. Picture: Chris Kidd

Mr Rockliff said the Act has been amended, with tri-partisan support, before the commission began.

“The Commission of Inquiry, like all royal commissions requires and court processes must provide procedural fairness when making findings against individuals and organisations,” he said.

“This means that people must know what has been alleged against them and given the opportunity to comment or respond. It’s a fundamental principle of our legal system.”

Mr Rockliff told parliament the state’s lawyers acted for the state, not for any one person or agency and if state servants needed advice it was provided by independent lawyers.

A total of 29 people were provided with lawyers or legal advice at a total cost of $1.6m, he said.

Ms White called on the government to conduct an immediate review and audit into evidence of child sexual abuse allegations held by the Department of Education, Children and Young People as requested by the Commission.

“The government has and will continue to take all steps to ensure our children are safe,” Mr Rockliff said.

“I want to assure the public that our law enforcement, regulatory and other agencies are aware of each and every one of these persons that have been identified to date.

“Tasmania Police has checked the identified alleged perpetrators to determine whether matters have been reported by various means for investigation court proceedings or other outcomes.”

Greens leader Rosalie Woodruff again pressed the government to close the Ashley Youth Detention Centre.