ANZELA 2015 Presented by Chris Morey www lewisholdway

ANZELA 2015 Presented by Chris Morey www. lewisholdway. com. au �

Outcomes and Recommendations: The Victorian Parliamentary Inquiry into the Handling of Child Abuse by Religious and other Non-Government Organisations www. lewisholdway. com. au �

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

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

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 www. lewisholdway. com. au • Law reform and criminal justice �

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 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 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 www. lewisholdway. com. au �

Key areas of Consideration • • Prevention Identification and Reporting Response Justice for Victims 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 www. lewisholdway. com. au definitions, including it requires “contract �

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 www. lewisholdway. com. au � responses in categories of automatic

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. www. lewisholdway. com. au �

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

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 www. lewisholdway. com. au government to establish single national �

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 www. lewisholdway. com. au before cut-off date (when recommended �

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. www. lewisholdway. com. au � Standard of proof – Reasonable likelihood.

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 www. lewisholdway. com. au � counselling, including financial and family

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 www. lewisholdway. com. au provide clear and independent processes. �

Duty of Institutions – Legislation for nondelegable 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 www. lewisholdway. com. au � guidelines for responding to claims.

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 www. lewisholdway. com. au scheme �

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 www. lewisholdway. com. au reports of abuse �

Questions? www. lewisholdway. com. au �