Premier announces Commission of Inquiry into sexual abuse claims

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A Commission of Inquiry into child sexual abuse in government institutions will begin in the new year and report within 12 months, Premier Peter Gutwein has announced.

In a surprise move, Mr Gutwein announced the Commission of Inquiry — the first in the state in 20 years — during budget estimates hearings on Monday.

The head of the inquiry has not yet been decided.

The Commission will have the power to hold hearings in public, to call witnesses and to demand the production of documents.

The terms of reference will be formulated over the coming weeks.

Premier Peter Gutwein during question time in state parliament. Picture: Zak Simmonds

Mr Gutwein said it would replace the three inquiries already announced: into allegations of abuse in the Health Department, the education department and in the Ashley Youth Detention Centre.

“There is no more important task for any Government than to ensure the safety and wellbeing of our children and while I cannot change the past, I am committed to my government making a difference for the future,” he said.

“Tasmanians should ready themselves as we move forward. With more than 200 claims already being received, we are going to see more.”

Mr Gutwein said he had been prompted by fresh allegation which he was made aware of late last week to reverse his position.

“It’s very unfortunate that since these three separate bodies of inquiry have been instigated, on Friday last week I was briefed on further cases of historic allegations of child sexual abuse involving current Government employees,” he said.

“I want to be very clear that the allegations are historical.

“They involve a teacher at a Northern school who has been stood down and charged; and a Statewide Mental Health services staff member who has been stood down subject to the outcome of criminal proceedings relating to a historic allegation that did not occur in the work environment.”

Mr Gutwein said his government had adopted the majority of the 281 relevant recommendations of the Commonwealth Royal Commission into Institutional Responses to Child Sexual Abuse and had introduced laws to better protect children from abuse. .

“Despite these and other significant efforts across Government, I am concerned that as the number of allegations coming to light continues to grow we must take every step necessary to ensure we identify any systemic gaps and put in place measures to fill them,” he said.

“One of the key reasons I have come to the decision to recommend the establishment of a Commission of Inquiry, is the power of that Inquiry to compel witnesses to provide evidence.”

Commissions of Inquiry are the Tasmanian equivalent of a Royal Commissions in other states.

There has only been one inquiry held in Tasmania under the Commissioner of Inquiry Act passed in 1995.

The Act gives the Commissioner power to hold public hearings and to receive written submissions.

Witnesses can be required to give evidence even if it incriminates them and the usual rules of evidence in court proceedings do not apply.

The Act also gives the Commission the power to apply for warrants to enter premises to search for and seize documents and to apply to use surveillance devices if required.

GOVERNMENT VOICES REACT:

The announcement of a Commission of Inquiry into child sexual abuse in government agencies has been welcomed — with warnings it needs to be well-resourced, have broad terms of reference and its recommendations must be heeded.

Premier Peter Gutwein announced the Commission of Inquiry on Monday morning. It will start in the New Year and sit for 12 months.

Labor leader Rebecca White said she was glad the Premier had had a change of heart.

“There’s no doubt that because of the publicity and the bravery of people who’ve spoken out, the premier has felt there’s no other option but to launch a commission of inquiry, which we certainly welcome,” she said.

“We’re encouraging the government to work with all parties across the parliament to make sure that when those recommendations are provided to government, they can be swiftly adopted and implemented.”

Greens leader Cassy O’Connor said the Commission needed to be well-resourced and have a broad remit

“We need a change, so that we’re encouraging truth tellers whistleblowers to come forward, where they see abuse or a systemic failure,” she said.

“Everything needs to change. We can’t be perpetually in this situation, where we’re hearing stories of the most horrific abuse of children and young people, and there’s that grinding feeling that it’s all being swept under the carpet. Those days have to end.”

Commissioner for Children and Young People Leanne McLean welcomed the Premier’s announcement.

“A Commission of Inquiry is, in my view, the most transparent and appropriately robust way to investigate the systems and practices within our Government departments that may have contributed to harm being done to children,” Ms McLean said.

“A Commission of Inquiry will be able to lift the lid on these matters, afford a voice to survivors and ensure that we do better in future – acknowledging that nothing will erase the wrongs of the past for survivors of abuse.”

“We want to find out what went wrong so we can do better. This is a very important message for our children and young people to hear – that we want to keep them safer.”

Australian lawyers alliance state president Sebastian Buscemi welcomed the inquiry and said the terms of reference must not be too restrictive.

“We welcome the Premier’s announcement but we want to stress the importance of ensuring the scope of the Inquiry is broad enough to allow the real issues to come to light,” he said

“Recent inquiries in Tasmania have had restrictive terms of reference that seemed to avoid key problems at the heart of the issue.

“We cannot learn from the mistakes of the past without knowing what those mistakes were so it is very important that the terms of reference for this Inquiry do not limit its ability to uncover the truth and determine why this shocking abuse has occurred in so many government institutions.

And lawyer Angela Sdrinis, who is a specialist in cases involving in sexual and institutional abuse said it would be critical that no institutions were left out and it must particularly include claims of abuse against wards of the state.

Ms Sdrinis said the state inquiry should follow a similar format to its federal equivalent.

“The great thing about the Royal Commission into child abuse was that it made recommendations as it went along and it then asked institutions to report back to it about progress,” she said.

“The danger is that there will be an inquiry, a report and then nothing will happen.”

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