AUSTRALIA
The Australian
MILANDA ROUT and DAVID CROWE
From:The Australian
January 15, 2013
AUSTRALIA’S peak legal body says it is “not clear” whether the royal commission into child sexual abuse has the power to override confidentiality agreements, despite assurances from the Attorney-General, Nicola Roxon, that all survivors can be heard.
As the six commissioners prepare to meet in Sydney tomorrow for the first time since their appointment, victims and lawyers called for further clarity on the key issue and said legislation might be needed to protect survivors from the risk of breaching old legal settlements.
Ms Roxon has insisted that past settlements should not prevent victims giving evidence because the commissioners had the authority to compel witnesses to give evidence “regardless” of private agreements.
But Law Council of Australia president Joseph Catanzariti says the power of the Royal Commissions Act 1902 was not definitive on this subject. “It is not clear whether the provisions of the act would override any confidentiality agreement signed by persons answering questions before the royal commission,” he said.
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