Specialists in sexual and institutional abuse Angela Sdrinis Legal hit out at Tasmanian RTI process
The head of a law firm that specialises in sexual and institutional abuse has savaged the state’s RTI process while a child protection advocate has called for an investigation into all government agencies.
Tasmania
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THE Right to Information process in Tasmania is “frustrating and difficult” for survivors of sexual and institutional abuse, says the director of a Victorian law firm.
Earlier this week, Premier Peter Gutwein said he would meet with Ombudsman Richard Connock to find ways to improve government transparency.
It came after the Ombudsman’s annual report revealed the state had the worst performance of any Australian state when it comes to responding to Right to Information requests.
The report revealed that 30 per cent of RTI requests receive no information at all, by far the worst performance in the nation, and almost all appeals against decisions to withhold information were successful.
Victoria-based firm Angela Sdrinis Legal, which also has an office in Hobart, specialises in sexual and institutional abuse and is currently representing clients in about 250 abuse claims in Tasmania.
Angela Sdrinis said while not all claims were against government institutions, the bulk of them were – mainly against the Education Department, the Ashley Youth Detention Centre and wards of the state.
“Of course in any historical case, the records are very important and we find there are several problems with the RTI process in Tasmania,” Ms Sdrinis said.
“Firstly, we get knocked back quite a lot and there are a number of exemptions under the legislation so it’s not too hard to find an excuse to say no.
“Secondly, when you do get documentation it’s normally very heavily redacted
“Thirdly, there’s often a long wait even when you do get information.”
Ms Sdrinis said while some departments were quick to respond, others would take 12-18 months to get records.
“It’s just terrible – you can appeal and complain, but it just ends up becoming such a drawn-out process,” she said.
“It really is frustrating and difficult to advise clients where you feel you’re getting the run-around.”
Ms Sdrinis said while there should be exemptions due to privacy, some examples of information that had been redacted were hard to understand.
“For one client, in a school photo, someone spent the time to go over it and black out everyone else’s face except our client’s,” she said.
“Those school photos would have been available to our client when they were a kid so why do that? We’re talking about limited resources and they’re taking the time to do that, which is quite bizarre.”
Scrap the mini inquiries, it’s time for a wide-ranging investigation
RACHEL RILEY
A CHILD protection advocate has urged the state government to scrap its set of “mini” child abuse inquiries and instead commission a broader investigation into all government agencies.
Former Labor politician and founder of People Protecting Children, Allison Ritchie, has backed Labor and the Greens’ demands for a commission of inquiry with broad terms of reference to examine all claims of abuse, and possible cover-ups from within government.
Separate inquiries have been set up into the education system, health and at the Ashley Youth Detention Centre.
But Ms Ritchie said that approach was “trying to just put out spot fires”, describing the education “mini-inquiry” and its terms of reference as a farce.
“We think the evidence is clearly showing us this is much broader than one department, so we would be very supportive of a commission of inquiry,” she said.
“The government just needs to stump up and say, ‘we’ve got to bust this thing open, let the cards fall where they may’.”
Ms Ritchie said the ongoing revelations about child abuse within government departments had created great unrest among victims and the wider community.
“I do think there are many people who may not have been guilty of actually committing the crimes themselves, but may find themselves in hot water for failing to report them or for covering up or not acting appropriately, once they became aware,” she said.
A commission of inquiry, the Tasmanian equivalent of a royal commission, would have the power to hold public hearings, to compel witnesses to give evidence and produce documents. There have been two similar inquiries held by Tasmania in the past 30 years.
On Saturday, Attorney-General and Justice Minister Elise Archer said the government had done significant work in developing a Child Safe Organisations legislative framework. She also said work as a result of the Royal Commission into Institutionalised Responses to Child Sexual Abuse meant “many survivors feel very supported by our government”.
“They have been believed, they’re telling their stories, they’re coming forward, they’re reporting historical cases of child sexual abuse, and they can report any current abuses as well,” she said.
Greens leader Cassy O’Connor said because that royal commission didn’t investigate past abuse in state-run settings, those harmed had so far been denied justice.
“I fear, and hope I’m wrong, that the horror stories we’ve heard in recent months are just the tip of the iceberg,” Ms O’Connor said.
“Only a royal commission or commission of inquiry will allow us to get to the truth.”
If you or someone you know needs help, call: 1800 Respect; Lifeline on 13 11 14; Sexual Assault Support Service (SASS) on 1800 697 877; Relationships Australia 1300 364 277
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