SENATE COMMUNITY AFFAIRS REFERENCES COMMITTEE

INQUIRY INTO CHILDREN IN INSTITUTIONAL CARE

TERMS OF REFERNCE

In making a submission to the above inquiry Relationships Australia Queensland should take into account the findings of the Commission of Inquiry into the Abuse of Children in Queensland Institutions (Forde Report), the NSW Wood Royal Commission, the Bringing Them Home Report into Separation of ATSI Children From Their Families, the Report of a UK Parliamentary Inquiry into British Child Migrants, the Forde Monitoring Committee Report to Queensland Parliament and its own experience gained through the Aftercare Resource Centre Programme when addressing the Senate Inquiry Terms of Reference.

What follows is a brief overview of issues as reported in the Forde Inquiry relating to the terms of reference of the Senate Inquiry:-

1. Government and non-government institutions will include campus-style facilities, family group homes, industrial schools, nursing or infant homes, orphanages or congregate care, receiving and assessment centres, reformatories, training and farm schools, transitional hostels and juvenile detention centres. In addition to these government and church run institutions children were placed in foster care where, under the guardianship of a state government department or other legal identity, the child received family-based care whilst living in the home of an approved family. (pp 9,354)
Through its investigations and as a result of evidence received from former children in care, the Forde Report conclusively detailed that over decades, considerable numbers of children were subjected to inexcusable physical, emotional, sexual and systems abuse whilst in the care of the above institutions. This unsafe, improper and unlawful care and treatment of some children has produced a population of adult survivors who have experienced profoundly disturbed lives as a result of that abuse. (pp i-iii)
1. Breaches of various statutory obligations were commonplace in relation to food, clothing, education and corporal punishment. Part 8, Section 69(1) of the Children's Services Act 1965 provides that:
   A person having a child in his or her charge shall not ill-treat, neglect, abandon or expose the child in a manner likely to cause the child unnecessary suffering or to injure the child's physical or mental health nor suffer the child to be so ill-treated, neglected, abandoned or exposed. (p302)
   Until the introduction of the Child Protection Act 1999, the State Children Act 1911, the Children's Services Act 1965, the Juvenile Justice Act 1992 and the Infant Life Protection Act 1905 did not adequately enough cover child protection in its fullest sense.
2. There do not appear to be any statistics published or available regarding the exact numbers of children who passed through Queensland Institutions, although this would number many thousands. Whilst it cannot be said that every child who was institutionalised was abused, the impact of being taken away from family, separated from siblings, and being exposed to systemic issues relating to inadequate legislative protection, under resourcing, and inadequate training would have to be accepted as being significant.
2. There is significant long term social and economic consequences of child abuse and neglect for individuals, family members and Australian society and these can be summarised as follows:-
   Institutions that were under-resourced, over-crowded, where staff were inadequately trained, harsh discipline policies existed, and accountability was minimal created immense potential for abuse and neglect. As a result the individual might experience poor nutrition, an absence of love, care and nurturing, poor education, harsh discipline, a lack of positive role models and physical, sexual and emotional abuse.
   This could translate into literacy and numeracy deficiencies, unemployment, poverty, poor social skills, poor relationship and parenting skills, inadequate living conditions and ill health. Coping mechanisms and survival techniques may involve substance abuse, addictive behaviours, criminal activity and anti social behaviour.
   This has obvious knock on impacts for family members and the possibility of repeated dysfunctional family patterns and distorted coping mechanisms is high, which in turn impacts upon Australian society through increased demands on the provision of services through government and non government departments and agencies.
   Existing remedies and support mechanisms include counselling and financial support, advocacy and complaints processing, peer support and a trust fund. These services are adequate and appear to meet the needs so far expressed by former residents.
3. Changes to professional practices employed in the administration and delivery of care compared with past practice include closures of various institutions, funding of support services, introduction of new legislation, encouragement of child centred practice and the introduction of the blue card for people working with children.
4. Formal acknowledgment by Australian governments of the human anguish resulting from the abuse and neglect of children in care is an essential part of the healing process that assists in establishing the abuse as historic fact. Additionally many former residents have expressed the need of a verbal apology from someone representing the government and church based institutions in which individuals were placed.
5. Following investigations into institutional abuse amongst indigenous North Americans the Canadian Law Commission found that a combination of several measures were required for reparation and healing to be meaningful. These include an acknowledgment of the wrong, an apology, a commitment to prevention, the establishment of historic record, financial compensation, access to counselling and therapy, access to education and training and the punishment of perpetrators. In addition it is thought that former residents should have involvement in all processes addressing past, current and future abuse issues and services provided.
6. Statutory and administrative limitations or barriers have significantly affected those wishing to pursue claims against perpetrators of past abuse in an adverse way. The statute of limitation has been a major barrier to survivors of abuse wishing to pursue legal action. Lack of substantial records from institutions and the restrictions placed upon information received via the Freedom of Information Act also provide to barriers. Out of court settlements from various non-government institutions have often been inadequate, traumatic and concluded with silence clauses attached - all of which have left former residents with feelings of re-abuse.
7. There is clearly an ongoing need to review all public, social and legal policy to ensure an effective and responsive framework for dealing with child abuse matters.
   An 'all of government' response to issues faced by former residents including education, housing, health, transport oral health and retrieval of full records would also improve outcomes for this population group.