NSW Deputy Ombudsman criticises state's 'hodgepodge' child abuse monitoring system

By Oliver Jacques
ABC News
February 14, 2017

http://www.abc.net.au/news/2017-02-14/calls-for-national-child-protection-body-nsw-deputy-ombudsman/8269570

There are calls for a new national watchdog to look over institutions that care for children.

Steve Kinmond believes NSW's watchdog scheme should be expanded nationally.

One of Australia's most senior child protection bureaucrats has expressed concern with the way governments monitor incidents of child abuse within religious institutions.

NSW Deputy Ombudsman Steve Kinmond runs a watchdog scheme in his state that checks how schools, churches, childcare and foster care agencies handle complaints of child abuse.

He said there was a "hodgepodge" arrangement in place where some religious institutions were covered by his watchdog functions and others were not.

"We have a curious situation, and somewhat unhelpful situation where some religious organisations come under our jurisdiction and some don't," Mr Kinmond said.

"The issue that the churches have raised is that they are required to have working with children checks, but we have a hodgepodge arrangement as to whether the church or part of the church is under our jurisdiction.

"As a result of this arrangement that is not grounded in a rational basis, the Catholic and Anglican church leaders have come to us and said this needs to change."

The child abuse royal commission has revealed high rates of sexual abuse in Catholic institutions over the past 60 years.

Child protection in Australia is a state responsibility, with varying regulations across the states and territories.

Only the ACT and Victoria have an equivalent of NSW's watchdog scheme, something Mr Kinmond said should change.

"What I would like to see is that this concept is rolled out nationally, so we don't have different levels of protection for children depending on where they live," he said.

But Kath McFarlene, a child protection expert from Charles Sturt University, said the NSW system should be improved before it was adopted elsewhere.

"We found that while the reportable conduct scheme is making inroads and has a lot of potential, there are still gaps that need to be filled," Dr McFarlene said.

"There are cases where agencies still fail to report to the Ombudsman in the way they are required via legislation.

"Too often the abuse of children is something that doesn't seem to be taken seriously by the agencies entrusted with the provision of child protection.

"So while NSW is probably the most advanced state with its working with children checks and its reportable conduct scheme is probably the most advanced, there's still a lot of work to be done."

Peter Gogarty, a prominent advocate for church abuse survivors who was abused by a Catholic priest as a child, said he did not think states were doing enough to protect children.

He is calling for the establishment of a new national watchdog to look over institutions entrusted with the care of children.

"We've got a regulatory organisation called APRA (Australian Prudential Regulation Authority), which any financial institution must subscribe, must obey their directives," Mr Gogarty said.

"Not only that they've got the right policies and procedures but every time someone breaches those procedures, APRA needs to be informed.

"I think if it's good enough in our country for our money to be safeguarded to that extent, then I think it goes without saying that our children need something similar to that."

Child protection expert Dr McFarlane said she was not opposed to the idea of a national oversight body.

"If it was properly resourced and had the powers of compelling evidence and information it may well work," she said.

"I think that a national body that learns the lessons from the various state and territory failures could deliver what the victims and survivors are looking for.

"But I think it's not enough to say establish a national body and just give it power and resources, because we've seen where agencies who were given these powers and given this job have failed to protect children who were in their care."