The Law Council of Australia welcomes the appointment of commissioners and the terms of reference for the Royal Commission into Institutional Responses to Child Sexual Abuse.
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The council is pleased the chair of the commission, Justice Peter McClellan AM, is an experienced judge and Queens Counsel.
The Law Council is pleased multiple commissioners have been appointed, including a commissioner of Aboriginal descent.
The sexual abuse of indigenous children raises particular issues, which require familiarity with indigenous peoples and culture.
In its submission, the Law Council also emphasised the importance of allowing sufficient time for the Commission to examine underlying issues relating to institutional responses to child sexual abuse and so welcome the initial setting of a reporting date for the end of 2015 subject to advice from commissioners in an interim report scheduled for June 30, 2014.
The Law Council also notes that the Commissioners will consider submissions from non-government organisations.
The Law Council hopes the directions to the Commissioners to ensure that evidence to the Commission does not prejudice current or future criminal or civil proceedings and to ensure that parties are given sufficient opportunity to respond to requirements for information, will provide sufficient protection.
The Terms of Reference refer to the support for the Commission by all Australian governments and their undertaking to cooperate with the Commission but no Letters Patent have yet been issued on behalf of state and territory governments as they were in the case of the Royal Commission into Aboriginal Deaths in Custody.
We will observe with interest whether the current Term of Reference facilitates sufficient support from state and territory governments and the Law Council may make a submission to the Commission in this regard.
The Law Council will also observe the arrangements made for the provision of legal assistance for persons participating in the Commission.
The Law Council is pleased the Commission will focus on systemic issues while providing opportunities for people affected by child sexual abuse to share their experiences, as it recommended in its submission.
Joseph Catanzariti,
President,
Law Council of Australia
