Gathering of Evidence a Challenge for Royal Commission

By Catherine Clifford
ABC News
January 15, 2013

http://www.abc.net.au/news/2013-01-15/gathering-of-evidence-a-challenge-for-royal-commission/4466318?§ion=news

A legal academic says one of the most difficult tasks confronting the Royal Commission into Child Sexual Abuse is to ensure those accused of sexual assault are treated fairly.

Foundation Professor of Law and lecturer in evidence at the University of New England, Professor Eilis Magner, says vast amounts of evidence will be tendered naming alleged perpetrators.

She says some of that evidence and testimony will be impacted by the passage of time and will not be pristine.

"There's always an issue when the memory is being invoked from that long ago as to whether or not the memory can be relied upon," she said.

"We must remember in this country the accused is assumed to be not guilty and anything that would violate that would horrify me."

The Royal Commission will inquire into how institutions with a responsibility for children have managed and responded to allegations and instances of child sexual abuse and related matters.

The Commissioners can look at any private, public or non-government organisation that is, or was in the past, involved with children, including government agencies, schools, sporting clubs, orphanages, foster care, and religious organisations.

Professor Magner says lawyers who structured compensation arrangements for abuse victims may also need to seek their own legal advice.

She says the Royal Commission has the power to ask to see these documents, even if they're protected by client privilege.

She says law firms who represented church organisations to draw up secrecy deeds, the contents of which may now be considered to be inappropriate, could be included in the investigation.

"The Royal Commission has been asked specifically to look at response systems," she said.

"So, therefore, a lawyer who was involved there may need to consider their own position, especially if they have advised about response systems that are now considered to be inadequate," she said.

The Royal Commission will be led by Justice Peter McClellan, AM.

A further five Commissioners have been appointed to support the inquiry, including Bob Atkinson, the former Queensland Police Commissioner; Justice Jennifer Coate, a county court judge in Victoria; Productivity Commissioner, Robert Fitzgerald; psychiatrist Professor Helen Milroy; and former Senator for Western Australia, Andrew Murray.

All Commissioners have been appointed for three years.

The Commission will prepare an interim report by no later than 30 June 2014.