Media Release: Vote to Occur Today on Call for an Independent Review into Commission of Inquiry lack of Findings
Vote to Occur Today on Call for an Independent Review into Commission of Inquiry lack of Findings
The Legislative Council will today vote on a call to establish an independent and external review into the significant unresolved matters on misconduct findings from the Commission of Inquiry into the Tasmanian Government’s Response to Child Sexual Abuse in Institutional Settings.
Independent Member for Nelson, Meg Webb, who tabled the motion, noted the timeliness of today’s vote falling on National Survivors Day.
“If the Premier is genuine on his commitment to accountability – this proposed independent review of potential misconduct findings against state employees is the iron cladding he needs to deliver that commitment in a meaningful way,” Ms Webb said.
“This is about doing the right thing the right way by victims/survivors, their supporters and witnesses who participated in good faith in the Commission of Inquiry.”
“Supporting the establishment of the proposed independent review would be a powerful and sincere commitment by which to commemorate National Survivors Day.
“Since I made the call for an independent and external entity to be appointed to finish this job, I have been inundated with supportive messages from many Tasmanians, and significantly by victims/survivors and other participants in the Commission of Inquiry, who firmly believe this is necessary for credible answers and some degree of closure to be secured.
“In contrast, the Premier’s announced internal government review by Heads of Agency to consider these outstanding matters as potential code of conduct breaches has distressed people and undermined their confidence in any meaningful change occurring.
“We must turn that despair around and quickly. Surely the Premier, the government and the parliament want to be on the right side of history here?
“Since the Commission delivered its final report, we’ve seen the Premier announce a series of other independent reviews – of the Act, into former police officer Paul Reynolds, and into the taxpayer-funded legal assistance provided to some state servants.
“To now block an independent review of the curtailed misconduct and adverse findings processes would be inconsistent, unfair and unjust.
“The bottom line here is – why not hold this independent review to finalise these serious outstanding matters surrounding the Commission’s truncated work on potential misconduct and adverse findings,” Ms Webb said.
Text of Motion to be voted upon today:
I (Ms Webb) give Notice that tomorrow I shall move:
- That the Legislative Council notes that:
(a) statements by the Commission of Inquiry into the Tasmanian Government’s Response to Child Sexual Abuse in Institutional Settings that amendments made to the Commissions of Inquiry Act 1995, (the Act) in 2021 and the Government’s interpretation of the procedural fairness requirements in the Act, meant the Commission was unable to make some findings it might otherwise have made (see the Final Report of the Commission of Inquiry into the Tasmanian Governments Response into Child Sexual Abuse in Institutions: Who was looking after me? Prioritising the safety of Tasmanian Children, Vol 1, 5.1, p.25); and
(b) the Commission issued 30 Section 18 notices to 22 persons (refer to the above-mentioned Final Report, Vol 2, 2.3.4, p.14), ultimately finalising only one finding of misconduct, resulting in a lack of clarity on which of the remaining potential findings of misconduct were abandoned or resolved.
2. Further, the Legislative Council calls upon the Government to establish an independent review to inquire into all interactions between the Tasmanian Government and the Commission of Inquiry in relation to:
(a) impediments identified and experienced by the Commission due to the interpretation and operation of the Commissions of Inquiry Act 1995, including amendments made to the Act in 2021; and
(b) all matters surrounding the issuing of the 30 section 18 notices to 22 persons, and reasons for the lack of finalisation of those processes by the Commission; and further
3. This Council agrees that such an independent review is to:
(a) be undertaken by a person, or persons, who has not been previously employed by the State of Tasmania; and
(b) have its report published upon finalisation, and tabled in the Parliament at the first available opportunity.
