Coate, Jennifer --- "Editorial" [2019] PrecedentAULA 65; (2019) 155 Precedent 2

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A SIZEABLE UNDERTAKING

By The Hon. Jennifer Coate AO

The Royal Commission into Institutional Responses to Child Sexual Abuse was formally established by Letters Patent issued by the Governor-General of Australia on 11 January 2013, in response to allegations of sexual abuse of children in institutional contexts. Each state government issued concurrent Letters Patent in the same or similar terms.

The sexual abuse of children in institutional settings, and the reluctance of many of those institutions and governments to address the issues emerging from this abuse, had been the subject of years of public debate, discussions and inquiries prompted by both survivors and advocacy and support groups.

Over the five years of the Royal Commission, we were contacted by 16,953 individuals who were covered by our terms of reference.

On 28 March 2013 the Royal Commissions Act 1902 (Cth) was amended to allow for the conduct of private sessions. These sessions gave individuals who were directly or indirectly affected by child sexual abuse in an institution or institutional context an opportunity to meet with a Commissioner and be heard in a supported and confidential setting.

Registrations for private sessions had to be closed on 30 September 2016 to enable the more than 1,800 people registered at that stage to be heard before December 2017. From May 2013 to December 2017, the six Royal Commissioners held 8,013 private sessions across the country in 96 different locations, including 25 regional locations and 62 correctional facilities.

We also received over 1,300 written accounts from individuals who did not wish, or were not able, to attend a private session. In some instances, staff travelled to meet with individuals who needed assistance to provide their written accounts, particularly those who were housebound or in palliative or supported care. Each written account was read and acknowledged in writing by the Commissioner who received it.

Hearing and reading about the experiences of survivors and their families informed our understanding of the nature and scale of child sexual abuse in institutional contexts, the circumstances in which such abuse occurred and the devastating impacts sexual abuse often has on the lives of those affected. Private sessions and written accounts also informed our investigations, public hearings and the development of our reports and recommendations.

The Royal Commission held 57 public hearings and 67 private hearings. We heard from 1,302 witnesses during public hearings and publicly examined the responses of 134 institutions.

Over the five years of the Commission, 3,489 institutions were the subject of reports of child sexual abuse. The public hearings examined the responses of a range of institutions such as schools, religious bodies, youth detention centres, healthcare providers, orphanages and out-of-home care providers, sport and recreational organisations, performing arts centres and defence cadet forces. In many hearings, the responses examined went beyond the primary institution in which the abuse occurred to examine the police, prosecuting authorities and government agencies, among others.

The institutions chosen to be examined publicly were selected to enable an understanding of the systemic problems and risks to children’s safety which have existed across different types of institutions around Australia.

Of the individuals we heard from in private sessions, 58.1 per cent told us their abuse had taken place in an institution managed by a religious organisation, 32.5 per cent in a government-run institution and 10.5 per cent in a non-government and non-religious institution.

In addition to the final 17-volume report (containing 189 recommendations), the Royal Commission provided an Interim Report, a Working with Children Checks Report (containing 36 recommendations), a Redress and Civil Litigation Report (containing 99 recommendations) and a Criminal Justice Report (containing 85 recommendations).

On 15 December 2017, the Royal Commission completed its task. Recommendations about how implementation should be monitored and reported upon are contained in recommendations 17.1 to 17.4 of the Final Report.

While the work of the Royal Commission has heightened awareness of child sexual abuse and the need for effective governmental and institutional responses, constant vigilance is required not only to honour the strength and courage of those who came forward during those five years, but to ensure that our nation does its best to provide a safe place for children to grow and develop.

The Hon. Jennifer Coate AO is a former Commissioner for the Royal Commission into Institutional Responses to Child Sexual Abuse.