Inquiry Children in State Care Commission of Inquiry

Alternative Name
  • Mullighan Inquiry
Website
https://www.childabuseroyalcommission.gov.au/sites/default/files/WEB.0198.001.0001.pdf
Inquiry Type
Commission of Inquiry
Location
Australia; South Australia

Key Dates

1930 - 2004
Period of investigation
1 July 2004
Announcement date
18 November 2004 - 31 March 2008
Period of operation
12 May 2005
Interim Report (1)
28 October 2005
Interim Report (2)
31 March 2008
Final Report

Details

The Children in State Care Commission of Inquiry was established to inquire into any allegations of (a) sexual abuse of a person who, at the time that the alleged abuse occurred, was a child in State care; or (b) criminal conduct which resulted in the death of a person who, at the time that the alleged conduct occurred, was a child in State care (whether or not any such allegation was previously made or reported).

The Process
The Inquiry included private sessions and in-house research conducted by historians and lawyers, outreach visits, and two Advisory Committees, an Aboriginal Advisory Committee and a Young People's Advisory Group.

Governing Legislation
Commission of Inquiry (Children in State Care and Children on APY Lands) Act 2004.

Inquiry Locations
The inquiry was conducted in Adelaide, South Australia, but made 10 outreach visits to Aboriginal communities in the State.

Private Sessions
The Commissioner conducted hearings with 496 with alleged victims of child sexual abuse. There were also general hearings with organisations and individuals who did not identify as victims.

Written Submissions
Individuals made written allegations which were checked against eligibility criteria before a private hearing proceeded. 448 individuals and organisations corresponded but did not have a hearing

Research
Historical, legal and records management research was undertaken.

Witnesses
During the inquiry, 792 people made allegations of child sexual abuse of which 242 were confirmed to have been in state care at the time the alleged abuse took place.

Gender
406 males and 386 females made allegations of child sexual abuse. Of these, 124 males and 118 females were confirmed to be eligible, that is, they were in State care at the time of the alleged abuse.

Institutions
The Commission of Inquiry examined 3 state-run institutions, 7 non-government institutions, 7 Aboriginal-specific institutions, 2 disability institutions, plus 18 smaller units providing out of home care (including foster homes). The homes investigated included 8 male only, 8 female only and 3 mixed.

Findings
The Children in State Care Commission of Inquiry found that alleged abuse occurred in every type of care from the 1940s to the present and that the State had failed to protect children from being abused.

Recommendations
54 recommendations were made. Recommendations focus on actions the State needs to take to prevent abuse in the future: adequately resourcing the child protection system; providing safe environments; empowering children to speak out; community education campaign; formal apology; funding for specialist services for adult survivors; specialist therapeutic services for children; improved record-keeping and access to records.

Cost
The Adelaide Advertiser newspaper reported cost as $13.5m.

Further Action
A public apology was delivered by the Premier on 17 June 2008; legislative and protocol reforms were implemented; and funded services for adult survivors were established. A range of other recommendations were also implemented.

A report on implementation available here.

Related Inquiries
Informs the Forgotten Australians Inquiry. Runs parallel with children on APY lands inquiry.

Countries

Publications

Final Report

Reports

Websites

Newspaper Articles

Media

Acknowledgement: this summary was prepared by Shurlee Swain, Australian Catholic University