bipacsa_final_report

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Instrument of Appointment and Board of Inquiry’s Task NORTHERN TERRITORY OF AUSTRALIA Inquiries Act APPOINTMENT OF BOARD OF INQUIRY I, CLARE MAJELLA MARTIN, Chief Minister of the Northern Territory, exercise the following powers under the Inquiries Act: (a) appoint Rex Stephen Leslie Wild QC and Patricia Anderson to be a Board of Inquiry to inquire into and report to me on the matters involved in carrying out the Board of Inquiry’s task as stated in the Schedule; (b) specify that either member may constitute a quorum of the Board; and (c) appoint both the members as Co-chairmen of the Board. Dated 8 August 2006. Clare Martin Chief Minister SCHEDULE THE BOARD OF INQUIRY’S TASK Examine the extent, nature and factors contributing to sexual abuse of Aboriginal children, with a particular focus on unreported incidents of such abuse. Identify barriers and issues associated with the provision of effective responses to and protection against sexual abuse for Aboriginal children. Consider practices, procedures and resources of NT Government agencies with direct responsibilities in this area (Family & Children Services and Police), and also consider how all tiers of government and non-government agencies might contribute to a more effective protection and response network. Consider how the NT Government can help support communities to effectively prevent and tackle child sexual abuse. Ampe Akelyernemane Meke Mekarle “Little Children are Sacred”
Foreword We were appointed as the Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse on 8 August 2006. Initially, it was thought that we could report back on our findings by the end of the year. It soon became obvious this would not be possible and it was agreed with the Chief Minister that we would provide this report by the end of April 2007. We are pleased that we have been able to do so. We submitted an interim report to the Chief Minister by way of letter dated 10 October 2006 in which we said: 1. There is nothing new or extraordinary in the allegations of sexual abuse of Aboriginal children in the Northern Territory. What is new, perhaps, is the publicity given to them and the raising of awareness of the wider community of the issue. 2. Sexual abuse of children is not restricted to those of Aboriginal descent, nor committed only by those of Aboriginal descent, nor to just the Northern Territory. The phenomenon knows no racial, age or gender borders. It is a national and international problem. 3. The classic indicia of children likely to suffer neglect, abuse and/or sexual abuse are, unfortunately, particularly apparent in Aboriginal communities. Family dysfunctionality, as a catch-all phrase, reflects and encompasses problems of alcohol and drug abuse, poverty, housing shortages, unemployment and the like. All of these issues exist in many Aboriginal communities. 4. The problems are such that significant government inquiries have already been completed in Western Australia (Gordon Report 2002), Queensland (Protecting Children Inquiry 2004), Victoria (The Report into Sex Offences by the Victorian Law Reform Commission 2004) and New South Wales (Aboriginal Child Sexual Assault Taskforce 2006). In addition, the Federal Parliament, through Democrat Senator Andrew Bartlett, has resolved to develop a national child sexual assault strategy; and the Federal Government has recently announced the establishment of a national Indigenous child abuse task force consisting of representatives of all the State, Territory and Federal police forces and based in Alice Springs. 5. In the Northern Territory, government agencies have been aware of the allegations over a long period. They do what they can with the resources they have and the level of (or lack of) cooperation from communities. There are many inhibitions, however, in this area. Your first task for us addresses this issue by directing us to focus on unreported incidences of such abuse. 6. It is noteworthy that the NSW Aboriginal Child Sexual Assault Taskforce 2006 referred to above did not embark on an investigation, as such, of the incidence of sexual abuse. The Attorney-General in that State relied upon a report that indicated 70% of all female Aboriginal prisoners in New South Wales jails had suffered from sexual abuse as children, as a sufficient catalyst to start the process. 7. In the Northern Territory, a significant research project has just been completed into sexual abuse in Aboriginal families and communities. This was a project funded by the Top End Women’s Legal Service and had the support of government agencies. It dealt specifically with Groote Eylandt communities. The introduction to the overview contains the following: This project was not designed to prove that sexual abuse existed or was a problem in Aboriginal families and communities. As Aboriginal women, we know that it exists and that the problems that are created by sexual abuse will continue to have devastating impacts until we all take an active role in stopping the sexual assault and sexual abuse of our women and our children. 8. We have been struck by the enormous number of agencies (both government and non-government) and community and other groups, which have an interest in, or responsibility for, this topic. They include those with legal, medical, social, cultural and structural viewpoints. We have started to tap into that experience and knowledge. Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse 2007
Page 1 and 2: Ampe Akelyernemane Meke Mekarle “
Page 3 and 4: NORTHERN TERRITORY GOVERNMENT BOARD
Page 5: 20. Community justice 175 21. The r
Page 9 and 10: the problems. It should now be appl
Page 11 and 12: The Inquiry covered 35,000 kilometr
Page 13 and 14: DIMIA Department of Immigration, Mu
Page 15 and 16: What is required is a determined, c
Page 17 and 18: Taking Responsibility We resolved e
Page 19 and 20: In its submission to the Inquiry, t
Page 21 and 22: Note: Cessation of the Inquiry At t
Page 23 and 24: Recommendations The aim of the foll
Page 25 and 26: Family and Children’s Services 11
Page 27 and 28: 32. That the Office of the Director
Page 29 and 30: organisations, develop and support
Page 31 and 32: 63. That, as a matter of urgency, t
Page 33 and 34: c. The ongoing assistance of a gove
Page 35 and 36: or promised brides, rights of the p
Page 37 and 38: Report of the Northern Territory Bo
Page 39 and 40: Barkly Region The Inquiry met with
Page 41 and 42: PART I BACKGROUND Report of the Nor
Page 43 and 44: appointed as Acting Director of Pub
Page 45 and 46: The US expert, Dr David Finkelhor (
Page 47 and 48: Figure 1
Page 49 and 50: In terms of information-sharing, th
Page 51 and 52: the Future. Addressing Child Sexual
Page 53 and 54: communities has its roots in the
Page 55 and 56: Principle Five Community-based and
Page 57 and 58:
Principle Eight Adequate and ongoin
Page 59 and 60:
4. The nature of child sexual abuse
Page 61 and 62:
Aboriginal women and children, it i
Page 63 and 64:
While the Inquiry found no evidence
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Juvenile Offenders Congruent with t
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acts. He got them to be involved in
Page 69 and 70:
Why does the government stand by an
Page 71 and 72:
husband then once she had reached p
Page 73 and 74:
The Inquiry also concludes that tra
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The Inquiry believes the government
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Awareness of sexual abuse occurring
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• that the child victim of abuse
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• History of negative experiences
Page 83 and 84:
Discussion and support for the reco
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7. Government responses That addres
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COAG also asked the Standing Commit
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package designed to “lead the way
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The Board supports inter-agency col
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(and for independent monitoring) is
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Proposals for change in Government
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• Supported Accommodation Assista
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However, as noted above, there is a
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Such a system would have, at its fo
Page 103 and 104:
the Inquiry to recommend that FACS
Page 105 and 106:
staff trained to assist workers to
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In their submission, SARC staff not
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9.3 Responding to children with sex
Page 111 and 112:
10. Police, FACS, prosecutions and
Page 113 and 114:
of the case. Since early September
Page 115 and 116:
confidence and trust in police and
Page 117 and 118:
the SARC office, but not always. Be
Page 119 and 120:
The following recommendations (in i
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put it another way, do not agree th
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conducted in a court in one of the
Page 125 and 126:
• no counselling • continued an
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violence in remote communities. If
Page 129 and 130:
12. Offender rehabilitation 12.1 In
Page 131 and 132:
Previous program The Northern Terri
Page 133 and 134:
The Inquiry takes the view that Cor
Page 135 and 136:
and the second team works with the
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13. Prevention is better than cure
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This implies a range of activities
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that it is still fresh in the minds
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15. Family Support Services There i
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department (the formal child protec
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. that efforts be made to support c
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16. Education “…we’re resourc
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The Inquiry cannot agree more. The
Page 153 and 154:
up to get to school. The song “Go
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The Inquiry was made aware that per
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infrastructure and poor education o
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17. Community education and awarene
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& Poole 2000). Such courses represe
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18. Alcohol 18.1 Introduction The I
Page 165 and 166:
The Inquiry was provided with a let
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on the employment program and enjoy
Page 169 and 170:
From the Inquiry’s perspective, t
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Recommendation 64. That the governm
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Education f. allow the Police, DHCS
Page 175 and 176:
19. Other substance abuse First the
Page 177 and 178:
20. Community justice 20.1 Dialogue
Page 179 and 180:
The Inquiry observed that many Abor
Page 181 and 182:
community rules and sanctions to de
Page 183 and 184:
Significantly, the Inquiry was told
Page 185 and 186:
These “cultural-brokers/external
Page 187 and 188:
community facilitators. The communi
Page 189 and 190:
• Elders and respected persons ha
Page 191 and 192:
21. The role of communities 21.1 In
Page 193 and 194:
Some communities have functioning s
Page 195 and 196:
22. Employment Of greatest concern
Page 197 and 198:
23. Housing The shortage of Indigen
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costs and rising material costs, es
Page 201 and 202:
24. Pornography The issue of childr
Page 203 and 204:
25. Gambling Gambling was seen by m
Page 205 and 206:
The Inquiry believes that such trai
Page 207 and 208:
We need to keep before the public e
Page 209 and 210:
PART II SUPPORTING RESEARCH Report
Page 211 and 212:
2. Child sexual abuse: the nature o
Page 213 and 214:
3. The perpetrators of sexual abuse
Page 215 and 216:
Offender treatment programs In the
Page 217 and 218:
while a cost-benefits argument has
Page 219 and 220:
adolescents who sexually offend. Th
Page 221 and 222:
& Zigler 1987). This figure needs t
Page 223 and 224:
abuse and other family violence. Th
Page 225 and 226:
many people. Indeed, Indigenous per
Page 227 and 228:
Substance abuse Gelles (1993) cites
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to the high accessibility of alcoho
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The National Drug Strategy Backgrou
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7. Setting the scene: the NT contex
Page 235 and 236:
7.3 Indigenous housing The ABS Cens
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which surround child sexual abuse,
Page 239 and 240:
information from DHCS, received 28
Page 241 and 242:
Because of a previous failure to re
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Indigenous and remote Indigenous po
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out-of-home care because their pare
Page 247 and 248:
offending in the Territory 22 . The
Page 249 and 250:
• adult attempted sexual intercou
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the set of offences to be assessed
Page 253 and 254:
Case outcomes From 2001-02 to 2004-
Page 255 and 256:
Figure 17: Finalised case outcomes
Page 257 and 258:
9. Child protection systems: an ove
Page 259 and 260:
of a “forensic” or legalistic a
Page 261 and 262:
initiatives designed to enhance chi
Page 263 and 264:
children’s vulnerability to socia
Page 265 and 266:
children (US Advisory Board on Chil
Page 267 and 268:
It therefore follows that an effect
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Edgar (1999) proposed the developme
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underlying formal structure can the
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apprehended violence orders, lay ch
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services, including the statutory s
Page 277 and 278:
Service development and delivery Th
Page 279 and 280:
as small and hampered by substantia
Page 281 and 282:
10 References Australian Broadcasti
Page 283 and 284:
Clark, R. (1995), ‘Child Protecti
Page 285 and 286:
Finkelhor, D. & Russell, D.E.H. (19
Page 287 and 288:
Karp, N. (1996), Individualized wra
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NT Department of Community Developm
Page 291 and 292:
Tomison, A.M. (1995b), Update on Ch
Page 293 and 294:
APPENDICES Report of the Northern T
Page 295 and 296:
Appendix 2: Inquiry processes Index
Page 297 and 298:
sought when in-depth analysis is re
Page 299 and 300:
• An exit strategy should be deve
Page 301 and 302:
• Make it clear that participatio
Page 303 and 304:
9. Attachments 9.1. Informed consen
Page 305 and 306:
Attachment 2: Prompt Questions for
Page 307 and 308:
Attachment 3: List of approved coun
Page 309 and 310:
Mr D. Howard, Psychologist, Phoenix
Page 311 and 312:
49. Milingimbi Clinic 50. Mutitjulu
Page 313 and 314:
181. Gapuwiyak Women 182. Angurugu
Page 315 and 316:
Appendix 5: List of sex offences us
Page 317 and 318:
Offence grouping C_ACT C_SECTION Of
Page 320:
For more information contact Depart
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