Inquiry into the Handling of Child Abuse by Religious and Other Organisations

This inquiry was completed in the 57th parliament.

For more information on this inquiry, contact the Committees office:

Phone: (03) 8682 2800

Email: cso@parliament.vic.gov.au

Victim Support:

Victims of Crime Helpline

1800 819 817

Although the Inquiry’s final report was tabled on Wednesday 13 November 2013, support from the Victims’ Support Agency is still available to victims of criminal child abuse in Victoria.

Victims of child abuse have been supported throughout the Inquiry by the Victims Support Agency (VSA). The VSA is funded by the Victorian Government.

The VSA funds a network of Victim Assistance and Counselling Programs (VACPs) throughout metropolitan and regional Victoria.

Victims of crime are assigned a case manager and are eligible to receive practical assistance, outreach, advice about the process of reporting to police court support, and referral to other agencies. They can link people to support groups and locate services such as private solicitors or legal aid and refer eligible victims to therapeutic interventions including counselling.

Parliamentary Privilege:

Clarification on Parliamentary Privilege and the Inquiry into the Handling of Child Abuse

The following information regarding the powers and privileges of the Parliament have been released to provide some guidance around how Parliamentary privilege will apply to the Inquiry into the Handling of Child Abuse by Religious and Other Non-Government Organisations.

Parliamentary Privilege and the Inquiry into the Handling of Child Abuse

The following information regarding the powers and privileges of the Parliament should provide some guidance around how Parliamentary privilege will apply to the Inquiry.

However, if a person is considering making a submission or appearing before the Committee and requires advice with respect to a specific matter, he or she should contact a legal practitioner as the Committee is not able to give specific legal advice.  However, please note that a legal practitioner cannot represent a person called as a witness.

How does Parliamentary privilege apply to this Inquiry?
Parliamentary privilege refers to the special powers that ensure any proceedings, reports or documents published or accepted in camera by the Committee cannot be used in a court of law.

Statements which attract Parliamentary privilege, such as submissions and evidence given in hearings, may not form the basis of civil proceedings (including defamation or breach of confidence) or criminal proceedings (including proceedings for perjury) under any circumstances.

Parliamentary privilege and submissions
Parliamentary privilege applies to all things said in written submissions which have been accepted by the Committee.

There will be three types of submissions for this Inquiry.

Published submissions
The name of the individual or organisation who made the submission will be published when the report is released to the public (tabled in Parliament).

The Committee warns that Parliamentary privilege may not necessarily apply to reproduction of submissions on a website or forum other than the Committee’s.

Confidential submissions
The Committee may accept a submission on a confidential basis when confidentiality is requested. This will generally be granted when people or organisations believe that giving evidence may have an adverse effect on them or their families.

Confidential submissions will be used to inform Committee deliberations but will not be published or quoted in a report of the Committee.

Name withheld submissions
Due to the sensitive nature of this Inquiry, the Committee will consider withholding the name of the individual or organisation who made the submission if revealing their identity would increase their vulnerability or cause distress.

It may apply to people making submissions who would like the content of their submission to be made available publicly, but who do not want their identity known (such as victims of abuse) or who may suffer detrimental treatment from third parties because of the evidence they provide.

The Committee will only publish those parts of the name withheld submission which do not contain specific allegations, and the parts of the submission which do contain specific allegations will be treated as evidence received or taken in private.

Parliamentary privilege and hearings
Parliamentary privilege applies to evidence given to the Committee in a public hearing and to all evidence taken by the Committee in private (in camera).
 
Frequently asked questions

I’ve signed a confidentiality agreement with an organisation as part of a settlement deal. Am I covered by Parliamentary privilege?
Any evidence accepted by the Committee is protected by Parliamentary privilege. This includes any submission accepted by the Committee or any evidence given during hearings.

What if I’m uncomfortable with my submission being made public and want it treated as confidential?
You may request that your submission be treated as confidential if you believe giving evidence may have an adverse effect on you or your family. Confidential submissions will be used to inform Committee deliberations but will not be published in either the report or on the website.

What if I want my identity protected but I want the contents of my submission to be made public?
The Committee will consider withholding the name of the individual or organisation who made the submission if revealing their identity would increase their vulnerability or cause distress. The Committee may hide information in the submission that identifies the author  and will not publish parts of the submission that make specific allegations.

Who is covered by Parliamentary privilege?
Parliamentary privilege extends to people appearing before the Committee when giving evidence and making submissions, as well as to the Committee members. 

What does Parliamentary privilege not cover?

Written submissions
Submissions may not be accepted by the Committee if they do not address the Terms of Reference of the Inquiry or are frivolous or offensive. If a submission is not accepted by the Committee then the contents of the submission will not be used during the Inquiry or published in any way.

Verbal evidence
Parliamentary privilege does not apply when the Committee has refused to hear evidence as it is outside the Terms of Reference or is frivolous or offensive. (This is unusual  as the person being interviewed at a hearing will be warned by the Committee when this is about to happen.)

Reproduced submissions
The Committee’s view is that Parliamentary privilege does not necessarily apply to the publication of submissions on a website or forum other than the Committee’s.

What legislation relates to Parliamentary privilege?
Section 19 of the Constitution Act 1975 (Vic) provides that the Legislative Assembly and the Legislative Council, the members of the Parliament and the committees of the Parliament shall hold such powers, privileges and immunities as were held by the British House of Commons on 21 July 1855. The powers, privileges and immunities of the Parliament include those provided for in the Bill of Rights of 1689. Article 9 of the Bill of Rights declares:

That the freedom of speech and debates or proceedings in Parliament, ought not to be impeached or questioned in any court or place out of Parliament.

Further provision for the relationship between court proceedings and proceedings before the Committee is made by s 50 of the Parliamentary Committees Act 2004 (Vic):

The proceedings of a Joint Investigatory Committee or any recommendations or reports made by a Joint Investigatory Committee or any documents published by a Joint Investigatory Committee—
a)    do not give rise to a cause of action in law;
b)    must not be the subject of, or in any way be called into question in, a proceeding before a court.

The Committee is a Joint Investigatory Committee within the meaning of s50.

The privileges granted by the provisions set out above may be referred to collectively as Parliamentary privilege.

CHAIR'S STATEMENT 15 APRIL 2013 — Statement regarding incorrect publication of transcript from 25 March 2013 hearing
On 25 March a hearing transcript of evidence was suppressed and subsequently published on the Committee website in error. On learning of this error, the transcript was immediately removed from the website.

The evidence provided to the Committee by Mrs Noreen Wood on that date contained a number of allegations about individuals, which was subsequently suppressed on the basis that it contained adverse reference to individuals that did not fall within the terms of reference of the Inquiry.

In view of this, the evidence remains suppressed and will not inform the Committee's findings and recommendations.

Committee Chair, Ms Georgie Crozier, MP

11 JANUARY 2013 — Media comment regarding Royal Commission Terms of Reference
"The scale and scope of the Royal Commission is vast and will take some time to establish and get underway. In Victoria we have already made significant progress with our Inquiry and we will continue with our work."
Committee Chair, Ms Georgie Crozier, MP

13 NOVEMBER 2012 — Media comment regarding announcement of Royal Commission
From Ms Georgie Crozier MP, Committee Chair

"The Inquiry's work thus far has bought to light important revelations that have been key to the Federal Government deciding to call a royal commission."

"From our part, a significant amount of work has already been undertaken and there is more we can achieve but we obviously need further detail of the federal inquiry including its terms of reference before making any changes to our work."

12 NOVEMBER 2012 — Media comment regarding announcement of Royal Commission
From a spokesperson for the Committee

"The Premier has tonight released a statement saying that the Victorian Government will work to appropriately bring together the work of the Victorian Parliamentary Committee's inquiry and the federal inquiry."

"The Committee has already undertaken a significant amount of work and until we receive further detail of the Commonwealth's approach, we will continue to progress our work on this important issue."