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Premier expressed concerns some public servants may have escaped findings in CoI final report

“I am concerned that the commission has not been able to complete its task”: Correspondence tabled in parliament shows high level government concerns the Commission of Inquiry’s work is incomplete.

Tasmanian Parliament, Premier Jeremy Rockliff. Picture: Chris Kidd
Tasmanian Parliament, Premier Jeremy Rockliff. Picture: Chris Kidd

Premier Jeremy Rockliff has expressed his own concerns the Commission of Inquiry was prevented from holding senior public servants to account.

In a letter to the three commissioners tabled in state parliament on Tuesday, Mr Rockliff and Attorney-General Guy Barnett appealed for more information from the commissioners six weeks after their inquiry handed down its final report and wound up.

“I note that in the Final Report, you have stated that due to limitations under the Commissions of Inquiry Act and the arguments of lawyers — the commission was unable to make a number of findings in respect of state servants that it otherwise would have made,” he wrote.

“As premier I am concerned that the commission has not been able to complete its task and that state servants have avoided accountability for their actions.

“I am deeply concerned that this may have negatively impacted on the safety of children in state institutions.”

Mr Rockliff asked the commissioners whether they had made all the referrals to law enforcement and regulatory authorities that they needed to and whether any findings were unable to be made because if time limitations, legal constraints or for other reasons.

The letter was dated October 17. The government was handed the commission’s final report on August 31 and it was made public on September 26.

Commission of Inquiry into the Tasmanian Government's responses to child sexual abuse in institutional settings. Movenpick Hotel, Hobart Tasmania.
Commission of Inquiry into the Tasmanian Government's responses to child sexual abuse in institutional settings. Movenpick Hotel, Hobart Tasmania.

In response, the commissioners referred Mr Rockliff to their final report.

“The challenges the commission experienced in relation to making findings of misconduct are set out in detail in the commission’s report,” they wrote.

“Any accountability of, or disciplinary action in relation to, state servants is a matter for the state of Tasmania.”

Labor leader Rebecca White said she was concerned that there were findings of misconduct which should have been made had been made and the government had been slow to follow up.

“It is deeply concerning to us, because they are now asking the commissioners for their advice as to whether any of those findings were unable to be made and whether or not those individuals who received misconduct notices can be drawn to the attention of the government,” she said.

“Why did you not ask these questions six weeks ago? Why has it taken so long?

“How are they supposed to provide this information to the government now?

“Are children in our institutions, safe or not, that’s the question the Premier needs to answer.”

Greens leader Rosalie Woodruff said it was hard to understand why the government had been so slow to seek information about potential misconduct by state servants.

“They knew that there were state servants against whom adverse findings could not have been formally made by the Commission because of limitations to the Act and because of the role of lawyers, because of the role of the state government in acting with and for and advising state servants,” she said.

“What is important is state servants must be held to account for covering up, or dismissing, or not acting on complaints of child sexual abuse that could have been prevented.

“That is what we are concerned is not being properly investigated by this government. Those people are still in place.”

david.killick@news.com.au

Original URL: https://www.themercury.com.au/news/tasmania/premier-expressed-concerns-some-public-servants-may-have-escaped-findings-in-coi-final-report/news-story/bdf098fa928a6a14eb4f1d490f66f7bc