Redress and civil litigation report

The Royal Commission has examined the extent to which ‘justice for victims’ of institutional child abuse has been, or can be, achieved through previous and current redress processes and civil litigation systems. This report contains recommendations in relation to the provision of effective redress for survivors through the establishment, funding and operation of a single national redress scheme and the provision of a direct personal response to survivors by institutions. This report also contains recommendations for reforms to civil litigation systems to make civil litigation a more effective means of providing justice for survivors. The Royal Commission is investigating criminal justice issues (including processes for referral for investigation and prosecution) and support services separately. It will report in relation to them in later reports

Keeping our eye on sex, power, relationships, and institutional contexts in preventing institutional child sexual abuse

In this chapter, we explore the nature and extent of child sexual abuse in institutions drawing, in particular, on the research published by the Australian Royal Commission into Institutional Responses to Child Sexual Abuse. Taking a situational prevention approach, we consider some of the organisational, contextual, and individual factors (of potential perpetrators and victims) that enable child sexual abuse in institutional settings and provide discussion about what needs to be the focus of prevention activities. Despite the plethora of potential risk factors, we highlight the convergence in creating conditions within which child sexual abuse can occur, flourish, or be excused. In exploring institutional child sexual abuse, we consider the ways that institutional child sexual abuse is similar but different to other forms of child abuse and neglect while stressing the cooccurrence of child maltreatment and interpersonal victimisation experienced by children and young people. Intersections with other prevention paradigms will be considered (including other forms of child maltreatment and peer victimisation, homophobia, bullying, dating, and relationship violence). The chapter will consider the incremental steps that are typically encountered and the typical responses (or the lack of responses) that feed the climate, which, in turn, becomes a driver of future risk. In exploring risk factors and the focus of prevention activities, we focus on what is unique about institutional contexts compared with the more prevalent site of abuse (i.e. the family home) and the implications for both connecting up with other prevention paradigms while not losing the opportunities to respond to its unique nature. The chapter concludes by considering the role of institutional culture in promoting sexual safety as the critical ingredient in child sexual abuse prevention. This moves meaning from focusing on knowledge and skills to environments and cultures that promote positive beliefs, attitudes, and behaviours. This requires a sophisticated understanding of power, self, relationships, and sexuality (including an appreciation of a variety of masculinities, femininities, and sexual identities). We emphasise the importance of not only recognising individual risk factors but also, more importantly, promoting conditions of safety and enhancing organisational cultures that prevent institutional child sexual abuse and appropriately responding when grooming behaviours and abuse occurs

Report of case study 16: the Melbourne response

Assesses the Archdiocese of Melbourne’s process for responding to those who have been sexually abused by priests, religious and lay persons within the Archdiocese of Melbourne. Summary The report of Case Study 16 follows a public hearing into the Melbourne Response held in August last year (2014). At the public hearing the Royal Commission heard evidence from a number of people with direct experience of the Melbourne Response including Christine and Anthony Foster, whose daughters Emma and Katie were sexually abused at the Sacred Heart Catholic Primary School in Oakleigh. The Fosters gave evidence of their experience with the Melbourne Response from 1997 and the approach taken by the Archdiocese to legal proceedings the Fosters instituted after becoming dissatisfied with the Melbourne Response. The Royal Commission also heard evidence from Mr Hersbach and Mr AFA who went through the Melbourne Response in 2006 and 2011 respectively. Cardinal Pell and Archbishop Hart gave evidence that the three components of the Melbourne Response – the Independent Commissioners, Carelink and the Compensation Panel – operate independently of the Archdiocese and each other. The Royal Commissioners found that the Melbourne Response is not sufficiently independent of the Archdiocese of Melbourne in its operation and each element is not necessarily independent of the others. The legal advisers to the Archdiocese also provided services to the Independent Commissioner, Carelink and the Compensation panel. Documents created as part of the Melbourne Response were held by the lawyers who acted for the Archdiocese of Melbourne. The Commissioners state in the report that this raises a clear potential for conflict and difficulties with confidentiality. The Commissioners are satisfied that Mr O’Callaghan QC, one of the Independent Commissioners of the Melbourne Response, provided advice about the police process to Mr Paul Hersbach and Mr AFA that discouraged them from going to the police. The Commissioners expressed the view that advice on the approach that the police might take to any prosecution, and the likely outcome, should be left to the police. Cardinal Pell told the Royal Commission that while he was developing the Melbourne Response, he was aware that work was also being undertaken through the Australian Catholic Bishops Conference and the National Committee for Professional Standards to develop Towards Healing – a national response. Cardinal Pell accepted that introducing the Melbourne Response when he did had the effect that Towards Healing, which was approved a few weeks later, was not a national response. The report states that a consequence of this is that like complaints may not be treated in a like manner and consistency of outcome may not be achieved. For example, there was no stated cap of the amounts which might be provided under Towards Healing while the Melbourne Response had a stated initial cap of $50,000

Royal Commission into Institutional Responses to Child Sexual Abuse consultation paper: redress and civil litigation

The Letters Patent provided to the Royal Commission into Institutional Responses to Child Sexual Abuse require that it ‘inquire into institutional responses to allegations and incidents of child sexual abuse and related matters’. Under paragraph (d) of the Terms of Reference we are given in the Letters Patent, we are required to inquire into: what institutions and governments should do to address, or alleviate the impact of, past and future child sexual abuse and related matters in institutional contexts, including, in particular, in ensuring justice for victims through the provision of redress by institutions, processes for referral for investigation and prosecution and support services. Commissioners have agreed to endeavour to make findings and recommendations in relation to redress and civil litigation by the middle of 2015.   The Royal Commission is seeking community input into its consultation paper on redress and civil litigation. You are invited to have your say on the consultation paper via written submission or by commenting on our online feedback form. Formal written submissions to this consultation paper will be published on our website unless the person making the submission requests that it not be made public or the Royal Commission considers it should not be made public. Comments made through the online feedback form will not be published on our website, however they may be used in our final report, either with permission or without identifying who made them. Submissions and comments are due by midday Monday 2 March 2015.&nbsp