1. www.lewisholdway.com.au  ANZELA 2015 Presented by Chris Morey

2. www.lewisholdway.com.au  Outcomes and Recommendations: The Victorian Parliamentary Inquiry into the Handling of Child Abuse by Religious and other Non-Government Organisations The Royal Commission into Institutional Child Sexual Abuse

3. www.lewisholdway.com.au  Introduction Lewis Holdway Lawyers Pastoral Advocacy In Good Faith & Associates Response of Institutions to abuse Pressure for government inquiry

4. www.lewisholdway.com.au  Victorian Parliamentary Inquiry Established 17 April 2012 Final Report 13 November 2013 Government Response 8 May 2014

5. www.lewisholdway.com.au  Broad recommendations: Prevention – Duty of Care to create child-safe organisations Responding to reports and allegations of child abuse in organisations Responding to reports and allegations of past child abuse in organisations Law reform and criminal justice Civil justice reform

6. www.lewisholdway.com.au  Recommendations in five broad areas: Reforming criminal law Accessing civil litigation Creating an independent, alternative avenue for justice Monitoring responses by organisations to criminal child abuse Preventing criminal child abuse in organisations

7. www.lewisholdway.com.au  Royal Commission Established 11 January 2013 Interim Report 30 June 2014 Further Reports 17 August and 14 September 2015 Final report due December 2017

8. www.lewisholdway.com.au  Figures 32.1% in an industrial school, training school, reformatory, orphanage or children’s home 29.8% in an educational institution 16.3% in a religious institution 60.1% were faith-based 18.6% were government

9. www.lewisholdway.com.au  Key areas of Consideration Prevention Identification and Reporting Response Justice for Victims

10. www.lewisholdway.com.au Report 17 August 2015 – Screening General – All states and Commonwealth to implement national model and standards for WWCC, including standards for criminal history. Child-related work – Standardise definitions, including it requires “contract with children”, as “usual part of work” and “more than incidental to the work”, and list of specific definitions. 

11. www.lewisholdway.com.au Exemptions – Standardised list of exemptions. Offences – Consistent and simplified list of offences. Criminal history information – Standardised definitions. Disciplinary or misconduct information – Checked and included. Response to records returned – Standard responses in categories of automatic accept, reject, or assess. Assessing risk – Standard criteria for assessing risk. 

12. www.lewisholdway.com.au Eligibility to work while an application is assessed – Set of safeguards; checks within 5-21 working days. Clearance types – Based on individual, cleared or not. Appeals – Provision for independent appeal. Portability – Between jurisdictions. Duration and continuous monitoring – Five years. Monitoring compliance – Body with power to monitor. 

13. www.lewisholdway.com.au Governance – Report on implementation, annual report for three years to each parliament, review after three years. 

14. www.lewisholdway.com.au Report 14 September 2015 - Redress Justice for victims – Equal access and equal treatment for survivors. Redress elements and principles – Elements of direct personal response, counselling and psychological care, and monetary payments. Direct personal response – Engage, apologise, responsive, informed and sensitive. 

15. www.lewisholdway.com.au Counselling and psychological care – Principles for supporting through redress, federal government to assist through Medicare access and funding. Monetary payments – Matrix for assessment, minimum of $10,000, maximum of $200,000, average of $65,000. Redress scheme structure – Australian government to establish single national redress scheme. 

16. www.lewisholdway.com.au Redress scheme funding - To be funded by institution against whom claim made, or group or successor institution if applicable, or Government as funder of last resort. Trust fund for counselling and psychological care – To meet the needs of those eligible. Eligibility for redress – If sexually abused as a child in an institutional context, and before cut-off date (when recommended reforms to civil litigation in place). 

17. www.lewisholdway.com.au Duration of a redress scheme – Not close until levels reduced and 12 months notice. Publicising and promoting the availability of the scheme – Widely Application process – Written application, funding to assist those who will need to assist applicants. Institutional Involvement – Informed and request documents and information. Standard of proof – Reasonable likelihood. 

18. www.lewisholdway.com.au Decision making on a claim – administrative decision making processes. Offer and acceptance of offer – Offer open for 1 year, 3 months for review. Review and appeals – Internal review and ombudsman complaint. Deeds of Release – Standard release, but no confidentiality. Support for survivors – Offer and fund counselling, including financial and family members. 

19. www.lewisholdway.com.au Transparency and accountability – Transparency on process and publish annual data. Interaction with alleged abuser, disciplinary process and police – Not make findings, but may report to oversight agencies or police, may defer application if disciplinary process. Interim arrangements – Institutions to provide clear and independent processes. Limitation periods – Remove for claims of institutional abuse. 

20. www.lewisholdway.com.au Duty of Institutions – Legislation for non- delegable duty, and imposition of liability with reverse onus of proof, on institutions. Identifying a proper defendant – Property trust is proper body unless otherwise identified, and requirement for government funded bodies to incorporate and hold insurance. Model litigant approaches – Adopt guidelines for responding to claims. 

21. www.lewisholdway.com.au  Future of the Commission Seeking submissions and consultation on the concerns identified Recommendations on: Better training and resources A national scheme for background checks A national and consistent redress scheme Final Report due December 2017

22. www.lewisholdway.com.au  What should schools be doing? Recruitment, screening and background check processes in place and updated, and most importantly complied with Policies and procedures for child safe environments Training (including mandatory reporting) Policies and procedures for handling reports of abuse Report abuse Respond with compassion

23. www.lewisholdway.com.au  Questions?