Details

Following a year of increasing community concern over reports of child sexual abuse in Tasmanian Government institutions, the Commission of Inquiry was set up to examine the Government's responses to allegations and incidents of child sexual abuse in institutional contexts (schools, health services, youth detention and out of home care), and to make appropriate recommendations about how to better protect children in such contexts in the future, including about any policy, legislative, administrative or structural reforms.

The focus was on responses to child sexual abuse since 2000, to complement the work of the national Royal Commission into Institutional Responses to Child Sexual Abuse which had examined abuses in institutions before this period.

The Process
The Inquiry was informed by 143 submissions, 132 sessions with Commissioners, 21 consultations with more than 150 attendees, site visits, research, hearings and roundtables, 10 consultations with Aboriginal communities, and review of more than 95,000 documents.

To understand how the culture and dynamics of the Ashley Youth Detention Centre contributed to child sexual abuse, the Inquiry took a forensic approach, conducting seven case studies that explored a range of issues. A similar approach was taken in relation to allegations of child sexual abuse children in health services, for which three case studies into responses were held.

Governing Legislation
Commissions of Inquiry Act 1995

Governing Authority
Tasmanian Government

Inquiry Locations
Hobart and Launceston

Public Hearings
The Inquiry held 9 weeks of public hearings

Case Studies
Seven case studies were conducted on children in youth detention (Ashley Youth Detention Centre). Three case studies were made into the response of health services to disclosures of child sexual abuse (one of which has been withheld), particularly in relation to allegations against paediatric nurse James Griffin at Launceston General Hospital.

Written Submissions
143 submissions were received

Institutions
There were four different institutional contexts: schools, health services, youth detention and out of home care.

In relation to children in youth detention, the Inquiry was specifically directed to look into the responses of the former Department of Communities to allegations of child sexual abuse at Ashley Youth Detention Centre.

Regarding health services, the Launceston General Hospital was a particular focus.

Findings
The Inquiry found that the Tasmanian Government institutions too often failed to act decisively to manage risks and investigate complaints of child sexual abuse, or extend adequate care when children and young people disclosed abuse. While most Tasmanian children are safe in government institutions, more should be done to improve the safety of those who are not, with children in out of home care and youth detention, and Aboriginal children a particular cause for concern.

In relation to children in out of home care, the Inquiry found that the system was pressured to the point of crisis and that the safety of some children in care was of serious concern, and that it needed to be rebuilt from the ground up.

For children in youth detention, the problems regarding sexual abuse at the Ashley Youth Detention Centre were found to be overwhelming and pervasive, consistently evidenced across many years and multiple sources.

Recommendations
The Inquiry made 191 detailed recommendations covering a wide range of contexts.

1. Children in the education system: Recommendations covered provision of child sexual abuse prevention education in schools, responding to and investigating complaints and concerns, dealing with harmful sexual behaviours, teacher registration and professional development.
2. Children in out of home care: The Inquiry made a range of recommendations covering 17 broad areas the implementation of which would rebuild the system from the ground up.
3. Children in youth detention: The Inquiry was emphatic that the Ashley Youth Detention Centre should be closed as soon as possible, along with many other recommendations including regarding cultural change, reducing the number of children in detention, building a more child-focused system, and independent oversight of youth detention.
4. Children in health services: Recommendations covering 10 areas were made regarding policies, procedures and protocols on child safety, including empowering children, families and carers, improving responses to child sexual abuse, and restoring trust.
5. Criminal justice responses: 7 sections of recommendations
6. Redress, civil litigation and support: 5 sections of recommendations
7. Overseeing child safe organisations: 5 sections of recommendations
8. Coordination of approaches: 4 sections of recommendations
9. State Service disciplinary processes: 4 sections of recommendations
10. Therapeutic services: 2 sections of recommendations
11. Monitoring reforms

Related Inquiries
The Commission of Inquiry was complementary to the Royal Commission into Institutional Responses to Child Sexual Abuse, but focusing on more contemporary responses to child sexual abuse and considering their effectiveness and what had changed since the national Royal Commission concluded.

In relation to children in schools, the Inquiry looked more closely at matters that fell outside the scope of the Independent Education Review that had recently been conducted.

Commissioners

• Benjamin, Robert
• Bromfield, Leah

Publications

Final Report

• Neave, M., Bromfield, L. and Benjamin, R., Who was looking after me? Prioritising the safety of Tasmanian children. Commission of Inquiry into the Tasmanian Government's Responses to Child Sexual Abuse in Institutional Settings Report, August 2023 (8 vols). Available at https://www.commissionofinquiry.tas.gov.au/report. Details

Journal Article

• Feik, Nick, The rotten core in The Monthly (2024). Available at https://www.themonthly.com.au/issue/2024/february/nick-feik/rotten-core. Details