Details

This Inquiry investigated the historical abuse and neglect of children in out of home care in Australia. The Inquiry's Terms of Reference included examination of whether any unsafe, improper or unlawful care or treatment took place in institutions, the extent and impact of child abuse on individuals, families and Australian society, and the adequacy of remedies and supports. It was also charged with considering whether there was a need for a formal acknowledgement by Australian governments of the harm caused by abuse and neglect while in institutional care. In addition, the inquiry also was asked to assess whether public, social and legal policy needed to be reviewed to improve frameworks to deal with child abuse polices, practices and reporting mechanisms.

The Process
The Committee held public and private hearings and received written submissions.

Governing Legislation
Referred on a motion of the Senate to the Senate Community Affairs References Committee which is constituted under Senate Standing Order 25.

Governing Authority
Commonwealth Government of Australia

Inquiry Locations
The Inquiry sat in capital cities of Australia: Melbourne, Adelaide, Perth, Brisbane and in Sydney.

Public Hearings
Public hearings were held in the above locations. 171 people who had lived in a range of institutions gave evidence at the public hearings.

Private Sessions
The Committee held four in camera hearings.

Written Submissions
614 written submissions were received: 440 public and 174 confidential submissions. The 440 include submissions from providers and experts as well as survivors.

Research
Senate staff undertook some background research.

Witnesses
72 survivor witnesses gave evidence. Representatives of care providers, support organisations and some researchers also gave evidence.

Gender
27 men and 45 women gave evidence to the Committee.

Institutions
Institutions are mentioned in passing rather than being the focus of inquiry. They include babies homes, children, boys and girls homes, reception centres, reformatories, psychiatric units and foster care. An appendix lists 334 institutions named in submissions but there is some double counting here. Homes are mostly mixed, but there are also single sex institutions.

Findings
Documented widespread unsafe, improper and unlawful care in breach of statutory obligations, with life long impacts not only for survivors but for their families as well.

Recommendations
39 recommendations were made. Key recommendations include a formal apology, the need to remove barriers to legal action for redress, creation of a national reparation fund and reforms to internal redress processes, the establishment of a Royal Commission into the nature and extent of abuse, improved preservation of and access to records, funding for advocacy, support and counselling with particular attention to aged care and education. Memorialisation and research were also recommended.

Further Action
This inquiry leads indirectly to the Royal Commission into Institutional Responses to Child Sexual Abuse.

Related Inquiries
Follow up inquiry into implementation of its recommendations and also indirectly to RCIRCSA

Inquiry Panel

• Humphries, Gary
• Knowles, Sue
• Murray, Andrew