Reviews after abuse inquiry findings 'hampered' by laws

Tasmanian laws which made it "difficult" for an inquiry into child sexual abuse to make misconduct findings will be reviewed.

The final report of a commission of inquiry into state government responses to child sexual abuse, released last month, made 191 recommendations.

It detailed harrowing accounts of abuse and systemic failures over decades in Tasmania's health, justice, education and out-of-home care systems.

The state government on Tuesday announced the Tasmania Law Reform Institute had been asked to examine the Commissions of Inquiry Act. 

A separate review will investigate whether public servants whose legal fees were covered by the state acted in "good faith" and whether they should reimburse the state if they didn't. 

The state government says 26 individuals were granted independent legal assistance.

The commission said the wording of laws they functioned under made it "difficult and, in some cases, impossible" to make findings they might otherwise have made.

Commissioner Marcia Neave said inquiries were obliged to satisfy procedural fairness requirements before making adverse or misconduct findings against individuals or bodies.

"However, we note that the Tasmanian Commissions of Inquiry Act imposes complex procedural requirements before doing so," she said.

The act was out of step with other states and territories, Ms Neave said.

Opposition political parties have raised concerns individuals have escaped scrutiny as a result.

Premier Jeremy Rockliff said the absence of a finding was not a statement that individuals would not be held accountable. 

He pointed out the commission had referred more than 100 people to police and other authorities and nine people had been charged. 

He said in August seven current state servants from the Department of Education, children and Young People were identified as alleged perpetrators. 

Employment disciplinary processes were ongoing for five, while two had been investigated and cleared and were back at work. 

The Tasmania Law Reform Institute will also examine section 194k of the Evidence Act 2001, which relates to the identification of child sexual abuse survivors. 

The inquiry said the law sometimes operated in unusual ways in regards to what details they could and couldn't publish.

"The ... government has committed to all 191 recommendations and these two reviews are an important part of our commitment," Attorney-General Guy Barnett said. 

"The safety of our children and young people is our absolute priority."

The inquiry found Ashley Youth Detention Centre posed a "live and current" child sexual abuse risk and should be closed. 

The state government says the centre will be shut as soon as possible but hasn't provided a timeline.

A bill to provide $25 million for funding priority inquiry recommendations was tabled in parliament on Tuesday. 

It includes $5 million towards essential maintenance and staff recruitment and training at the detention centre and plans for a new facility. 

License this article

What is AAPNews?

For the first time, Australian Associated Press is delivering news straight to the consumer.

No ads. No spin. News straight-up.

Not only do you get to enjoy high-quality news delivered straight to your desktop or device, you do so in the knowledge you are supporting media diversity in Australia.

AAP Is Australia’s only independent newswire service, free from political and commercial influence, producing fact-based public interest journalism across a range of topics including politics, courts, sport, finance and entertainment.

What is AAPNews?
The Morning Wire

Wake up to AAPNews’ morning news bulletin delivered straight to your inbox or mobile device, bringing you up to speed with all that has happened overnight at home and abroad, as well as setting you up what the day has in store.

AAPNews Morning Wire
AAPNews Breaking News
Breaking News

Be the first to know when major breaking news happens.


Notifications will be sent to your device whenever a big story breaks, ensuring you are never in the dark when the talking points happen.

Focused Content

Enjoy the best of AAP’s specialised Topics in Focus. AAP has reporters dedicated to bringing you hard news and feature content across a range of specialised topics including Environment, Agriculture, Future Economies, Arts and Refugee Issues.

AAPNews Focussed Content
Subscription Plans

Choose the plan that best fits your needs. AAPNews offers two basic subscriptions, all billed monthly.

Once you sign up, you will have seven days to test out the service before being billed.

AAPNews Full Access Plan
Full Access
AU$10
  • Enjoy all that AAPNews has to offer
  • Access to breaking news notifications and bulletins
  • Includes access to all AAPNews’ specialised topics
Join Now
AAPNews Student Access Plan
Student Access
AU$5
  • Gain access via a verified student email account
  • Enjoy all the benefits of the ‘Full Access’ plan at a reduced rate
  • Subscription renews each month
Join Now
AAPNews Annual Access Plan
Annual Access
AU$99
  • All the benefits of the 'Full Access' subscription at a discounted rate
  • Subscription automatically renews after 12 months
Join Now

AAPNews also offers enterprise deals for businesses so you can provide an AAPNews account for your team, organisation or customers. Click here to contact AAP to sign-up your business today.

SEVEN DAYS FREE
Download the app
Download AAPNews on the App StoreDownload AAPNews on the Google Play Store