Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

Royal commission in Australia

The Hon. Ronald Sackville AO, KC (Chair)
The Hon. Roslyn Atkinson AO
Barbara Bennett PSM
Rhonda Galbally AC
Andrea Mason OAM
Alastair McEwin AM
The Hon. John Ryan AM

Inquiry period4 April 2019 (2019-04-04) – presentConstituting instrumentRoyal Commissions Act 1902 (Cth)Websitedisability.royalcommission.gov.au

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability is a royal commission established on 4 April 2019 by the Australian government pursuant to the Royal Commissions Act 1902. The Honourable Ronald Sackville AO, KC, who serves as Chair of the Royal Commission, The Honourable Roslyn Atkinson AO, Ms Barbara Bennett PSM, Dr Rhonda Galbally AC, Ms Andrea Mason OAM, Mr Alastair McEwin AM, and The Honourable John Ryan AM currently serve as Royal Commissioners.^[1]

The Commissioners are required to provide an interim report by 30 October 2020, and a final report by 29 April 2022.^[2] The final report was presented to Parliament and the public 29 September 2023.

At the time of its establishment, information about the Royal Commission was issued in AUSLAN and in easy read formats.^[3]

Background

Terms of reference

On 4 April 2019, the Governor-General of the Commonwealth of Australia, General The Hon. Sir Peter Cosgrove AK, MC (Ret'd) issued Commonwealth letters patent appointing The Hon. Ronald Sackville, Ms Barbara Bennett, Dr Rhonda Galbally, Ms Andrea Mason, Mr Alastair McEwin and The Hon. John Ryan as Commissioners and detailing the commission's terms of reference.^[2]

The Commissioners were appointed to be a Commission of inquiry, and required and authorised to inquire into the following matters:^[2]

(a) what governments, institutions and the community should do to prevent, and better protect, people with disability from experiencing violence, abuse, neglect and exploitation, having regard to the extent of violence, abuse, neglect and exploitation experienced by people with disability in all settings and contexts;

(b) what governments, institutions and the community should do to achieve best practice to encourage reporting of, and effective investigations of andresponses to, violence against, and abuse, neglect and exploitation of, people with disability, including addressing failures in, and impediments to, reporting, investigating and responding to such conduct;

(c) what should be done to promote a more inclusive society that supports the independence of people with disability and their right to live free from violence, abuse, neglect and exploitation;

(d) any matter reasonably incidental to a matter referred to in paragraphs (a) to (c) or that you believe is reasonably relevant to your inquiry.

The Commissioners were directed to make any recommendations arising out of their inquiry that they consider appropriate, including recommendations about any policy, legislative, administrative or structural reforms.^[2]

The Commissioners, without limiting the scope of their inquiry or the scope of any recommendations arising out of their inquiry that they may consider appropriate, were also directed to, for the purposes of their inquiry and recommendations, to have regard to the following matters:^[2]

(e) all forms of violence against, and abuse, neglect and exploitation of, people with disability, whatever the setting or context;

(f) all aspects of quality and safety of services, including informal supports, provided by governments, institutions and the community to people with disability, including the National Disability Insurance Scheme (NDIS) and the NDIS Quality and Safeguarding Framework agreed by all Australian Governments in 2017;

(g) the specific experiences of violence against, and abuse, neglect and exploitation of, people with disability are multilayered and influenced by experiences associated with their age, sex, gender, gender identity, sexual orientation, intersex status, ethnic origin or race, including the particular situation of Aboriginal and Torres Strait Islander people and culturally and linguistically diverse people with disability;

(h) the critical role families, carers, advocates, the workforce and others play in providing care and support to people with disability;

(i) examples of best practice and innovative models of preventing, reporting, investigating or responding to violence against, and abuse, neglect or exploitation of, people with disability;

(j) the findings and recommendations of previous relevant reports and inquiries.

Where appropriate, the Commissioners were directed to not inquire into matters that lie within the scope of the Royal Commission into Aged Care Quality and Safety.^[2]

Commissioners and executive

On 4 April 2019 the government appointed The Hon. Ronald Sackville, Ms Barbara Bennett, Dr Rhonda Galbally, Ms Andrea Mason, Mr Alastair McEwin and The Hon. John Ryan as commissioners to the royal commission.^[2] On 13 September 2019 the government appointed The Hon. Roslyn Atkinson as a seventh Commissioner.

Powers

The powers of Royal Commissions in Australia are set out in the enabling legislation, the Royal Commissions Act 1902 (Cth).

The Royal Commissions Amendment Act 2013 (Cth) was approved by Parliament to give the Child Abuse Royal Commission additional powers to fulfil its Terms of Reference. Notable changes were:

Enabling the chair to authorise one or more members to hold a public or private hearing^[4]
Authorise members of the Royal Commission to hold private sessions^[5]

Royal Commissions, appointed pursuant to the Royal Commissions Act or otherwise, have powers to issue a summons to a person to appear before the Commission at a hearing to give evidence or to produce documents specified in the summons; require witnesses to take an oath or give an affirmation; and require a person to deliver documents to the Commission at a specified place and time.^[6] A person served with a summons or a notice to produce documents must comply with that requirement, or face prosecution for an offence. The penalty for conviction upon such an offence is a fine of A$1,000 or six months imprisonment.^[7] A Royal Commission may authorise the Australian Federal Police to execute search warrants.^[8]

Submissions

Public hearings

Reports

The federal government requested that the Commissioners provide an interim report by 30 October 2020, and a final report by 29 April 2022.^[2]

References

^ Morrison, Scott; Fletcher, Paul (5 April 2019). "Establishment of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability" (Press release). Commonwealth of Australia. Retrieved 6 April 2019.
^ ^a ^b ^c ^d ^e ^f ^g ^h "Letters patent" (PDF). Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. Australian Government. 4 April 2019. Retrieved 6 April 2019.
^ "Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability". Attorney-General's Department. Australian Government. April 2019. Retrieved 6 April 2019.
^ "Royal Commissions Act 1902 (Cth), pt 2". Archived from the original on 25 September 2015. Retrieved 5 March 2016.
^ "Royal Commissions Act 2013 (Cth), pt 4". Archived from the original on 7 March 2016. Retrieved 5 March 2016.
^ "ROYAL COMMISSIONS ACT 1902 - SECT 2 Power to summon witnesses and take evidence". Austlii.edu.au. Archived from the original on 3 February 2014. Retrieved 23 January 2014.
^ "ROYAL COMMISSIONS ACT 1902 - SECT 3 Failure of witnesses to attend or produce documents". Austlii.edu.au. Archived from the original on 3 February 2014. Retrieved 23 January 2014.
^ "ROYAL COMMISSIONS ACT 1902 - SECT 4 Search warrants". Austlii.edu.au. Archived from the original on 3 February 2014. Retrieved 23 January 2014.

External links

Official website of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.
"Fact Sheet" (PDF). Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. Australian Government. April 2019.
"About the Terms of Reference: Easy Read version" (PDF). Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. Australian Government. April 2019.

Royal Commissions of the Commonwealth of Australia

1901–1920

1901–1910

1901–1905

to inquire into and report upon the arrangements made for the transport of troops returning from service in South Africa in the S.S. "Drayton Grange" (1902)
on sites for the seat of government of the Commonwealth (1903)
on the Bonuses for Manufactures Bill (1903–1904)
on the butter industry (1904–1905)
on the Navigation Bill (1904–1906)
on the affray at Goaribari Island, British New Guinea, on the 6th of March, 1904 (1904)
on customs and excise tariffs (1904–1907)
on old-age pensions (1905–1906)
on the tobacco monopoly (1905–1906)

1906–1910

on ocean shipping service (1906)
British New Guinea—Royal Commission of inquiry into the present conditions, including the method of government, of the Territory of Papua, and the best means of their improvement (1906–1907)
on secret drugs, cures, and foods (1906–1907)
on postal services (1908–1910)
on insurance (1908–1910)
on stripper harvesters and drills (1908–1909)
on Tasmanian customs leakage (1910–1911)

1911–1920

1911–1912	on the sugar industry (1911–1912) on the pearl-shelling industry (1912–1916) on the fruit industry (1912–1914)
1913–1914	to inquire into certain charges against Mr. Henry Chinn (1913) on Northern Territory railways and ports (1913–1914) on powellised timber (1913–1914) upon the Commonwealth electoral law and administration (1914–1915) on meat export trade (1914) on food supplies and trade and industry during the war (1914)
1915–1916	on mail services and trade development between Australia and the New Hebrides (1915) on Liverpool Military Camp, New South Wales (1915) on the charges made by D. L. Gilchrist concerning the construction of the western section of the Kalgoorlie to Port Augusta Railway (1916) to inquire into and report upon certain charges against the Administrator and other officers of the Northern Territory Administration (1916) on Federal Capital Administration (1916–1917)
1917–1918	on Java and the East Indies, Singapore and the Straits Settlements (1917–1918) on Navy and Defence Administration (1917–1919) on the war—Australian Imperial Force. Report as to number of members fit for active service and number of reinforcements and enlistments required (1918) on Public Service administration, Commonwealth of Australia (1918–1920) upon the public expenditure of the Commonwealth of Australia with a view to effecting economies (1918–1921) on taxation of leasehold estates in Crown lands (1918–1919) on the basic wage (1919–1920)
1919–1920	on the sugar industry (1919–1920) on industrial troubles on Melbourne wharfs (1919–1920) on late German New Guinea (1919–1920) to inquire into complaints by the munition worker passengers to Australia by the transport "Bahia Castillo" (1919) on Northern Territory Administration (1919–1920) on taxation (1920–1923) on the increase of the selling price of coal (1920)

1921–1940

1921–1930

1921–1922	on the matter of uniform railway gauge (1921) on pillaging of ships' cargoes (1921) on Cockatoo Island Dockyard (1921) upon the loyalty to the British Crown of German Nationals resident in Australia whose property is liable to a charge created by the Treaty of Peace Regulations made under the Treaty of Peace (Germany) Act 1919–1920 (1921)
1923–1924	on the circumstances attending the supposed loss at sea of the steamship "Sumatra" (1923) in connection with sugar purchases by the Commonwealth through Mr. W. E. Davies in September and October, 1920 (1923–1924) in connection with joinery supplied to the War Service Homes Commissioner in March, 1920 (1923–1924) on the Navigation Act (1923–1925) on national insurance (1923–1927) on the method for determining the unimproved value of land held under Crown leases (1924–1925) on the assessment of war service disabilities (1924–1925) to inquire into extracts from the reports in Parliamentary Debates of speeches made by Mr. Scullin in the House of Representatives on 7 and 19 August 1924, in relation to land tax matters (1924–1925) on the finances of Western Australia, as affected by Federation (1924–1925)
1925–1926	on health (1925–1926) on Norfolk Island affairs (1926) on certain matters in connexion with the British Phosphate Commission (1926)
1927–1928	on wireless (1927) on the Edie Creek (New Guinea) leases (1927) on the Moving Picture Industry in Australia (1927–1928) on the Constitution (Australia)
1929–1930	on the coal industry (1929) to inquire into allegations affecting members of the Parliamentary Joint Committee of Public Accounts in connexion with claims made by broadcasting companies against the Commonwealth Government (1930)

1931–1940

1931–1935

on Jacob Johnson (1931)
on performing rights (1932–1933)
on taxation (1932–1934)
on mineral oils and petrol and other products of mineral oils (1933–1935)
on the wheat, flour and bread industries (1934–1936)
to inquire into and report upon the circumstances associated with the retirement of Lieutenant-Commander Alan Dermot Casey from the Royal Australian Navy (1934)
to inquire into the monetary and banking systems at present in operation in Australia (1935–1937)

1936–1940

on doctors' remuneration for national insurance service and other contract practice (1938)
regarding the contract for the erection of additions to the General Post Office, Sydney (1939)

1941–1960

1941–1950

to inquire into and report upon the contract or contracts with Abbco Bread Co. Pty. Limited for the supply of bread to the Department of the Army, and other matters (1941)
to inquire into circumstances under which certain public monies were used and to whom, and for what purposes such moneys were paid (1941)
an inquiry into a statement that there was a document missing from the official files in relation to "The Brisbane Line" (1943)
to inquire into and report upon certain transactions of the Sydney Land Sales Control Office, and the Canberra Land Sales Control Office of the Treasury (1947)
to inquire into certain transactions in relation to timber rights in the Territory of Papua-New Guinea (1949)

1951–1960

on the Port Augusta to Alice Springs Railway (1951–1952)
on television (1953–1954)
on espionage (1954–1955)

1961–1980

1961–1970

on alleged improper practices and improper refusal to co-operate with the Victoria Police Force on the part of persons employed in the Postmaster-General's Department in Victoria in relation to illegal gambling (1962–1963)
on loss of HMAS Voyager (1964)
on the statement of Lieutenant Commander Cabban and matters incidental thereto (1967–1968)
into exploratory and production drilling for petroleum in the area of the Great Barrier Reef (1970–1975)

1971–1980

1971–1975

Aboriginal Land Rights Commission (1973–1974)
Australian Post Office Commission of inquiry (1973–1974)
of Inquiry into land tenures (1973–1976)
on petroleum (1973–1976)
of Inquiry into the maritime industry (1973–1976)
Independent Inquiry into Frequency Modulation Broadcasting (1973–1974)
of Inquiry into transport to and from Tasmania (1974–1976)
on Australian Government Administration (1974–1976)
on human relationships (1974–1978)
on intelligence and security (1974–1977)
into alleged payments to maritime unions (1974–1976)
to inquire into and report upon certain incidents in which Aborigines were involved in the Laverton area (1975–1976)
on Norfolk Island (1975–1976)

1975–1980

of Inquiry into drugs (1977–1980)
of Inquiry into matters in relation to electoral redistribution Queensland, 1977 (1978)
of Inquiry into the efficiency and administration of hospitals (1979–1981)
of Inquiry into the viability of the Christmas Island phosphate industry (1979–1980)
on the activities of the Federated Ship Painters and Dockers Union (1980–1984)

1981–2000

1981–1990

1981–1985

of Inquiry into Drug Trafficking (1981–1983)
into the activities of the Australian Building Construction Employees' and Builders Labourers' Federation (1981–1982)
into Australian meat industry (1981–1982)
of Inquiry into the activities of the Nugan Hand Group (1983–1985)
on the use and effects of chemical agents on Australian personnel in Vietnam (1983–1985)
on Australia's security and intelligence agencies (1983–1985)
of Inquiry into compensation arising from social security conspiracy prosecutions (1984–1986)
into British nuclear tests in Australia (1984–1985)
of inquiry into alleged telephone interceptions (1985–1986)

1986–1990

of inquiry into Chamberlain convictions (1986–1987)
into grain storage, handling and transport (1986–1988)
into Aboriginal Deaths in Custody (1987–1991)

1991–2000

of Inquiry into the Australian Secret Intelligence Service (1994–1995)
of Inquiry into the leasing by the Commonwealth of accommodation in Centenary House (1994)
of Inquiry into the relations between the CAA and Seaview Air (1994–1996)

2001–2020

2001–2010