Talking Point-Independent Examination Needed into Commission’s Unfinished Work
Talking Point | The Mercury | 9 November 2023
INDEPENDENT EXAMINATION NEEDED INTO COMMISSION OF INQUIRY’S UNFINISHED WORK: After two years and a great deal of pain, this an unacceptable outcome, writes Meg Webb.
The final report of the Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional
Settings, titled Who was looking after me? Prioritising the Safety of Tasmanian Children, was expected to deliver accountability on the
systems and individuals who had allowed, and in some cases enabled, abuse of children to occur in Tasmanian institutions over
decades.
Unfortunately, that has not proven to be the case.
The work of the commission is arguably unfinished, with the report presenting a bewildering absence of clear accountability.
Incredibly, the report contains only one finding of misconduct against one individual and none of its 75 findings are specified as
‘adverse’.
This is in direct contrast to what was promised at the establishment of the inquiry to victim-survivors, their supporters, and state
whistleblowers – who were asked to provide evidence and be witnesses and trust in the commission to deliver meaningful justice
through acknowledgment and accountability.
It is hard to imagine any greater betrayal of these vulnerable Tasmanians.
The commission did gather and interrogate a significant and valuable body of evidence and made referrals of more than 100 people to
police and other authorities for further appropriate investigation.
However, a key tangible output of its investigations – the findings presented – contain a glaring lack of specific accountability for the
extensive, egregious and protracted failures presented in the body of the report.
Beyond referring alleged perpetrators and other criminal matters to police and regulators for investigation, the key focus of the inquiry
process was how the state’s systems within health, education, youth justice and out-of-home care failed to identify, respond to, stop
or prevent sexual abuse of children in the state’s care.
On this front, the commission’s attempts to pursue adverse findings and findings of misconduct were complicated and impeded by the
legislation it operated under and, more particularly, by interpretations of that legislation insisted on by the state’s lawyers – with the
report stating: “This interpretation made it difficult and, in some cases, impossible for us to make some of the findings we might
otherwise have made.”
While the report gives an insight into misconduct findings that may have been intended by the commission – by stating that 30
section 18 misconduct notices were issued to 22 people – it seems those findings had to be abandoned.
The commission was essentially prevented from finishing its work.
After two years, millions of dollars and a great deal of pain, this is a completely unacceptable outcome, especially for those who were
encouraged to trust and participate in the process.
Unless these outstanding matters are now independently and transparently examined and explained, the credibility of the commission
of inquiry and the integrity of the Tasmanian government is called into question.
The Ministerial Statement made by Premier Jeremy Rockliff, on October 17, promised anyone identified in the report as needing to be
held to account would be held accountable – it is now clear the state itself needs to be held to account, particularly for any actions
taken by its lawyers to prevent legitimate findings being made by the commission.
All efforts must be made to restore public trust and confidence.
However, the actions announced by the Premier to pursue matters relating to potential section 18 misconduct findings by the
commission are internal government processes – not suitably independent and not guaranteed to be transparent.
The Tasmanian community deserves and is owed much better than this.
The Premier can make this right by establishing an independent examination of the commission’s unfinished work on findings of
misconduct, including full scrutiny of the way the state’s lawyers may have impeded this work.
Meg Webb MLC is the independent Legislative Council member for Nelson.
