Institutions Who Haven’t Signed For Redress Will Be Stripped of Charity Status

Peter Kelso | National Redress Scheme | Feb 19, 2020


Image source: Clan

Government will strip the charity status from churches who miss the National Redress Scheme deadline

Minister for Families and Social Services, Ms Anne Ruston says the government may strip charity status from churches and organisations that fail to sign up to the National Redress Scheme.

They will also lose tax exemption status.

Senator Ruston said the government had accepted “every recommendation that we are able to accept” in its response to the standing committee’s recommendations for the Scheme it returned on Monday, and that it should be announced publicly within 48 hours.

She also said about 700 victims’ applications have had to be put on hold because there is no organisation signed up to match them with. Many organisations (such as Swimming Australia) aren’t signing up due to fears of becoming bankrupt.

One major group which has not signed up to the Redress Scheme is the Jehovah’s Witnesses (the JW’s). The Royal Commission heard that 1,006 plausible complaints of child sexual abuse had been received by the JW’s in Australia but no alleged perpetrators had been reported to the police. It appears that the JW’s would have a substantial financial exposure if it joined the Scheme.

Alternatively, the JW’s may be stripped of its charity status if it fails to sign up by the 30 June 2020 deadline.

The JW’s have refused to remove sex offenders from congregations unless the victim can produce a second witness. The organisation was criticized for its ‘Second Witness Rule’ by the Royal Commission.

The JW’s global operations are controlled by a Governing Body of eight men from JW headquarters in Warwick, New York State, USA. The decision to join or not to join the Redress Scheme is the responsibility of the US Governing Body.

JW’s have a history of distrust of the government, refusing to vote and avoiding military service. They are banned in China, Russia, Singapore and most Muslim majority countries. They are most active in the USA, Mexico and Brazil. JW’s were once banned in Canada.

On the other hand, Hillsong Church and the leading Pentecostal umbrella group, Australian Christian Churches, have all signed up to the National Redress Scheme. (Hillsong Church is now a separate legal entity from ACC).

The addition of non-government institutions, including Hillsong Church, Australian Christian Churches (ACC), C3 Churches, Churches of Christ, Baptists, Christian Schools Australia and Barnardo’s Australia, has more than doubled the number of non-government groups in the scheme from 67 to 162 in one year.

Get the justice you deserve with Kelso Lawyers. We want to hear your story. Call (02) 4907 4200 or complete the online form before you accept payment from the National Redress Scheme.

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Spotted similarities: St Kevins, Trinity + BBC

Amongst most of the comments during and after the screening of 4Corners ‘Boys Club’, some past Students and Family of other Private Schools may recognise similarities. Beyond each school’s personal reputation and heritage, many strive to have common traits ingrained into their students. Whether this be for academic-sporting-cultural benefit, sometimes included is acceptance of behaviours found unacceptable in aged maturity. This is where the prevalence of ‘developing teenagers’ (pre-adolescents) are often targeted by Grooming, Personal-Training/Coaching and Private-Reversals.

Younger children follow patterns of secrecy, imposed by Predators

How much has already been hidden, by non-disclosure agreements (NDA’s) / payments of ‘hush money’ / Deed of releases? To what extent will some of these occasions be acting against the intentions of the Letters Patent of the 2013-17 Royal Commission? Oh what a tangled web has been woven, through all of these attempts at Justice.

CARC Final Report

To anyone effected by these ongoing CSA matters, help is available to all:

  • Redress +/or Personal Settlements;
  • Public apology;
  • Counselling.

Further information is available, including suggestions from other bodies. Surviving-victims should never be alone, which is motivation to force along these RCbbc Blog’s. It is hoped that similar support groups, from about other communities (e.g. St Kevins) could share a similar passion.

St Kevins : spark to start the fire?

Following the recent 4corners Airing of ‘Boys Club’ On 17 Feb 2020, various Headlines have been released:

  • Elite school that backed sex pest teacher instead of his victim orders staff to escort students on public transport over fears for their safety after damning TV exposé (DailyMail)
  • St Kevin’s headmaster Stephen Russell resigns over character reference for paedophile (The Guardian)
  • St Kevin’s College headmaster resigns, dean of sport stood down following grooming scandal (ABC News)
Building to break, with awaiting surfers

Grooming has also appeared amongst numerous Journalist Publications, continuing the traditional reluctance to acceptance of genuine alterations required following the Final Report of the 13-17 #CARC. This Final Report is available for viewing at the URL: https://www.childabuseroyalcommission.gov.au/final-report

Final Report

To those who’ve kept up-to-date with some of the BBC situations (Buchanan, Golding, Bradley and Lloyd) may recognise some similarities (parallels); Those past Students / ‘Old Boys’ (sorry if offended) reminded of other Elite Schools mentioned during ‘Boys Club’; Parents of current and past BBC enrolments; most importantly surviving families of Deceased / Suicided / Drug-effected / Care-facilitated BBC Graduates / Past-enrolled : Your losses are shared by many others! You’re definitely not alone, with facilities of Compensation/Redress, Public Apologies and Counselling available to ALL.

NRS
NRS site OR Phone 1800 737 377

‘Jesus is coming to get you’: Brother’s threat to boy he abused


February 16, 2020 — 12.00am


“Jesus is coming to get you.”

That was the warning Lionel (not his real name) alleges Christian Brother Rex Francis Elmer gave in an attempt to silence him after he sexually assaulted him at a Melbourne orphanage in the 1970s.

Paedophile brother Rex Francis Elmer tried to hide his face at the County Court in Melbourne on Monday.
Photo: Simone Fox Koob

The words rang in the boy’s ears long after.

Elmer “kissed me on the forehead and said well done” after molesting him, Lionel said.

“He then told me not to tell anyone. He said to me, if you tell anyone, Jesus would come down from heaven and take me away and you will not see your family or friends ever again,” he told police.

“I was scared and really believed what he had said, that Jesus would take me away if I said anything. I was an altar boy and I believed this.

“The word ‘Jesus’ was ringing in my ears.”

The assaults continued, as did the warnings, for more than a year, Lionel said. It was a vicious circle.

“This sort of incident happened at least two to three times a week,” Lionel said in his witness statement to police. “The same sort of thing. I would piss the bed scared at night that [Elmer] would come to me. I was petrified of him. I couldn’t tell anyone because I was scared of getting a flogging and being taken away by Jesus.”

Another boy who had complained about being abused by Elmer was flogged with a cane by another brother then removed from the St Vincent de Paul Boys’ Home, Lionel said.

“He dobbed Elmer in for doing something sexual to him. It was two days later that this guy who got hit and dobbed got taken from the home.”

He said he told another boy at the home about the abuse. That boy replied that Elmer had also sexually assaulted him. “We were both scared that Jesus would come to take us,” Lionel said. “This is what we thought happened to [the boy who left].”

Lionel said he also confided in a nun from a nearby convent. “I told her what Elmer had been doing to me. She said ‘Darling, please do not say a word to anyone, I will fix this for you’.”

Soon after he confessed to her, Lionel alleges, Elmer and two other brothers brutally beat him, including with a cane, in an assault that left him bleeding from his behind and bedridden for more than a week.

While he was still recovering, Lionel said, Elmer abused him again. He punched the boy repeatedly, giving him a black eye and bloody nose after the boy vomited on the brother during the assault.

When I spewed, he punched me in the face with a clenched fist … three or four times. I couldn’t see out of my left eye for a few days until the swelling went down. He said to me ‘Jesus is coming to get you’. This is the last time that I ever saw Elmer.”

In mid-1976, Elmer suddenly left St Vincent’s. “I don’t know what happened to Elmer, but he was gone from the home,” Lionel told police.

Lionel, now aged 59, said of the ongoing effect of his abuse: “I get teary talking about this but I have learnt to deal with it. It is always in my mind and it always hurts me.”

Boys at St Vincent de Paul Boys’ Home in South Melbourne in the 1970s. The orphanage closed in 1997.
Photo: Gabor Kardos

On Monday, Elmer pleaded guilty in the County Court to the indecent assault of two other complainants, also from St Vincent’s, in the 1970s, after which prosecutors did not proceed with charges related to Lionel’s accusations. That meant that Lionel’s witness statement was never tendered and Elmer never faced his allegations.

Court documents show the 75-year-old was charged in 2018 with 19 counts of indecent assault and one of false imprisonment in relation to three victims during the 1970s.

The first complainant, who had been in state care since infancy, told police Elmer repeatedly abused him between the ages of 11 and 13, usually while he was sleeping in a dormitory.

He said the first assault occurred when Elmer threw off his bed covers, demanded he do as he was told, and put his hand down the boy’s pyjama pants. The assault, however, was interrupted. “Someone has approached the bed as he was being assaulted by the accused, who then fled,” according to the police brief of evidence.

“The complainant was summoned to the office of the now deceased Brother in charge, Brother Carey … Shortly thereafter the complainant recalls being sexually abused by the accused on many occasions.”

The second complainant, who came to the orphanage aged seven after his parents died, was sexually abused by Elmer repeatedly between the ages of nine and 11.

On one occasion Elmer led the boy, who had been playing in the grounds of the home after school, upstairs into his private bedroom at the end of a dormitory.

Elmer produced a large book with pictures of human anatomy and made the boy sit on his knee while the brother asked him to name various body parts, including male genitalia, and masturbated against the boy’s back during the 20-minute assault.

As dormitory master at St Vincent’s, Elmer was responsible for up to 40 children at a time, aged between seven and 14.

The most senior Christian Brothers officials in Victoria knew in mid-1976, when they removed Elmer from the orphanage, that he had abused boys there.

Rex Francis Elmer after a court appearance in 2018.
Photo: AAP/Daniel Pockett

Later that year they made Elmer principal of St Joseph’s, a Catholic boys primary school in Warrnambool.

Elmer was in charge of the school from 1976-81. He worked in the town alongside several other notorious paedophile clerics including priests Paul David Ryan and Robert Claffey, and fellow Christian Brother Edward Dowlan (all since jailed for child sexual assault).

Elmer left Warrnambool after more complaints about his behaviour at St Vincent’s reached his superiors. In 1988 he reappeared, in an article from a small Tasmanian newspaper called Western Tiers, published in his home town of Deloraine.

“Brother Rex Elmer will be spending Christmas at home with his mother … and family before leaving to go to Africa to set up a Mission School at Arushia [sic] in Tanzania with two other Christian Brothers,” the newspaper reported proudly on page 3.

“Rex was a pupil at Our Lady of Mercy College and St Patrick’s [College] and has been teaching at various schools, including Warrnambool in Victoria. He is hoping to see old school friends while at home and we all wish him well in the future.”

The school Elmer helped found in northern Tanzania is now run by the Congregation of Christian Brothers East Africa District and has more than 1300 students.

Elmer left the school in 1993 after more complaints surfaced, and was sent by his order to the United States for counselling at the St Luke Institute for paedophile Catholic clergy in Maryland.

He was charged In 1997 with 69 counts. He was convicted the next year of 12 counts: one charge of indecent assault against each of the 12 boys. The judge sentenced him to five years in prison with a minimum of three years and four months.

At his sentencing, Judge Thomas Neesham described Elmer, then 53, as a man of God who had indulged in “depraved self-gratification”, The Age reported at the time.

Tasmania’s Western Tiers newspaper ran an item in 1988 about Elmer’s posting to Tanzania.
Photo: Supplied


“Each of your victims was a small boy in your care. Each was an inmate,” he said. The boys, many of them orphans or wards of the state, were aged between eight and 12.

“They were helpless,” Judge Neesham said. “Who could they tell, who would believe them?

“All your victims wear deep emotional scars to this day as is brought out by their victim impact statements,” he said. “As a teacher and a man of God, how could you not have had an inkling of the devastation to your victims’ faith … by your act of misbehaviour.

“Your victims will have to live in the misery that you inflicted upon them … You will have to live with the disgrace that you brought on yourself and your family.”

In sentencing Elmer in 1998, County Court Judge Thomas Neesham said Elmer had indulged in “depraved self-gratification”.
Photo: Supplied

Elmer had been living in a Christian Brothers home in Brunswick at the time of his first conviction  and was still working for the order in an administrative role. In 2002, after his release from prison, he was placed him on “restricted ministry”.

He now resides in a property owned by the order in the same suburb. His bail was extended following his guilty plea this week until his sentencing in July.

“The accused is currently retired and resides within the Christian Brothers Community,” a police brief from his current case states.

The order has received 22 claims for redress from people who allege Elmer sexually abused them as children, according to documents it provided to Austalia’s Royal Commission into Institutional Responses to Child Sex Abuse, which reported its findings in 2017.

Those claims all related to accusations of multiple assaults alleged to have occurred between 1969 and 1985 – from when Elmer was a novitiate (a Christian Brother in training) to the years when he worked in South Melbourne and Warrnambool, mainly during his time at St Vincent’s.

The documents also show the order knew that a number of victims had alleged that other clergy had participated in the abuse by Elmer.

Catholic Church Insurance (CCI) refused to cover the Christian Brothers in relation to any claims of abuse by Elmer after 1976, ruling the order – including its most senior cleric, then provincial Brother Patrick Naughtin – had “prior knowledge” of his crimes.

“Whilst the Visitation was in progress [13/06/1976], a Child Welfare Office reported to Brother [redacted] Acting Superior that Rex had been interfering with little boys; this was true and it had been attended to by the Provincial,” said a CCI document submitted to the royal commission.

In a letter dated June 20, 1976, Naughtin wrote to the acting superior of the orphanage: “Thank you very much for the report on the situation which developed … in connection with Br Elmer. It is indeed a serious and most unfortunate state of affairs and I am grateful for your bringing it to my attention so promptly.”

In his letter, Naughtin (who died in 2010) expressed concern for Elmer’s reputation, not for the welfare of the children he had abused. He also referenced the illegality of Elmer’s actions but did not report him to authorities.

“I have interviewed Br Elmer and discussed this position with him. He is clearly aware of the serious nature of his actions and I took pains to point out his legal and moral obligations in the matter.

“It seems to me extremely unlikely that there will be any recurrence of what had happened … It would seem to me best at this stage not to transfer Brother … immediately, though I would propose to announce his change next August – the usual time for releasing details of staffing for the following year.

Elmer was first convicted in 1998 on 12 counts of indecent assault involving boys under his care in the 1970s.
Photo: The Age

“In coming to this decision I have been guided by the Brother’s assurance for the future, by his excellent record to date and by consideration for his reputation which would undoubtedly be harmed by a sudden transfer at this time.”

When Elmer left St Vincent’s he was replaced by Edward ‘Ted’ Dowlan, now one of the most notorious paedophile clerics in Victoria. They later worked together at St Joseph’s in Warrnambool.

A 1996 letter from an unnamed Christian Brother was submitted to the Victorian parliamentary inquiry in 2013 into the handling of child abuse by institutions, including religious orders. It sheds light on how widespread the abuse was at St Vincent’s, and how determined the church was to dismiss it.

“I accepted with good faith the sudden departure of Brother Elmer from the school and the appointment of Brother Dowlan to fill his position,” the letter reads. “Indeed, I spent many extra hours, which I could ill afford, assisting Brother Dowlan to understand the nature and behaviours of the boys and the teachers.

“As you are probably aware, many of St Vincent’s residents had been sexually abused, and often displayed overt and outrageous sexualised behaviour. Furthermore, they expected or requested that this behaviour be reciprocated by the adults in their lives. A major part of our endeavours at St Vincent’s was getting these boys to a point where they would expect not to be abused. Now I find that all of this work could have been compromised by the presence of a man like Brother Dowlan …

“I take note of your congregation’s position that the brothers were unaware of Brother Dowlan’s tendencies and activities. I cannot accept this as a reasonable position. I cannot believe that the number of allegations against this man could have been kept from his various communities’ and the congregation’s superiors. I find that expecting the public to believe this is preposterous. I do not believe this plea of ignorance.”

St Vincent’s orphanage closed in 1997. It was home to more than 6000 boys over 140 years.

Information provided by the Catholic Church to the royal commission showed it had received 114 claims of sexual abuse at the home, the highest number of any Catholic institution in Victoria.

The Christian Brothers declined to answer The Age’s questions about Elmer, citing “ongoing legal proceedings”.

If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732), Lifeline 131 114, or beyondblue 1300 224 636.

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Trinity Grammar settles sexual abuse case for $1 million


By Tammy Mills

February 1, 2020 — 4.30pm


Prestigious Melbourne school Trinity Grammar has paid out more than $1 million to a former student for the historical sexual abuse he suffered.

John Turner, abused in 1974 when he was 16 by boarding master Leslie Wiggins, said he felt vindicated.

“It makes me feel whole again. It makes me feel like a person. I never felt adequate as an adult, I always felt I was hopeless,” he said.

John Turner says he feels vindicated after a $1 million settlement with Trinity Grammar. CREDIT: SIMON SCHLUTER

“The feelings of inadequacy and extreme anxiety have been present with me my entire life since the sixth form.”

Mr Turner, now 62, was sent to Trinity as a 14-year-old, moving from Papua New Guinea where his step-father was the vice chancellor of its university.

Boarding school life in Melbourne was at first fun and full of mischief in the shadow of some of their masters who Mr Turner described as a “procession of weirdos and oddballs who came and went”.

The boys would make jokes amongst themselves when they knew they were being watched in the showers by one master, and Wiggins, the assistant school chaplain, was known to have “liked little boys.”

Wiggins targeted Mr Turner after he and his friends were caught smoking marijuana. Awaiting to hear whether he’d be expelled, Wiggins came into Mr Turner’s bedroom at night on the pretext of wanting to help him. Wiggins assaulted him twice before the teenager asked to be moved into a shared dormitory.

John Turner, pictured here when he was 15 years old.

Mr Turner told his sister, then his father found out and called a meeting with headmaster John Leppitt, who asked Mr Turner to leave the boarding house. Mr Turner didn’t fight back.

“I felt that I was saving my fellow boarders from a disastrous outcome because they’d been threatened with expulsion and I’d been told I was the ringleader. They were country boys so if they were expelled, it would have been life-long shame,” Mr Turner said.

Mr Turner left the boarding house to live with his father in Richmond, and he said he was thrown into the “abyss”. He started an arts/law degree at Monash University, and his father had plans for him to go into politics. But riddled with anxiety, he couldn’t finish the degree and lurched from job to job. He now runs his own cleaning business.

“I could never hold a job down and it’s almost a direct result of that. I would just get restless,” he said.

Mr Turner said he chose to go public in an effort to try and get in touch with his school friends, as well as a close friend from Ruyton Girls’ School who was assaulted by a Trinity master.

Leslie Wiggins, pictured in The Mitre, the Trinity Grammar year book.

“I don’t know what’s happened to them in their lives and I want them to know I was trying to protect them,” he said.

By coming forward, Mr Turner also had to disclose to his wife what had happened to him as a boy.

“It was difficult, but she has always been very supportive. She was terrific. And for her it explains a lot,” he said.

“Now that I’ve told everyone, I’m not ashamed of it.”

Wiggins was convicted in 1991 of indecently assaulting three boys on the Mornington Peninsula. He died several years ago.

Mr Turner praised the school’s current administration for their handling of his claim.

“Right from the start, they accepted responsibility,” he said.

School council chairman John Gillam said historical cases of child sex abuse has darkened Trinity’s history, but the school was committed to ensuring support and action for those affected.

“We are deeply sorry that these abuses have occurred. The school will not forget nor underestimate the impact these historical incidents have had,” Mr Gillam said.

RELATED ARTICLE Trinity Grammar knew about abuse and protected Teachewr alleged Victim says https://www.theage.com.au/national/victoria/trinity-grammar-knew-about-abuse-and-protected-teacher-alleged-victim-says-20170224-gukjok.html

Rightside Legal senior associate Laird Macdonald, who represented Mr Turner, said institutions are “slowly waking up to the devastating consequences of child abuse and the compensation they have to pay to deal with this dreadful legacy”.

Trinity signed up to the redress scheme in 2018 and Mr Macdonald said, had his client gone through that system, he would have received a maximum $150,000 in compensation.

The way the school dealt with Mr Turner’s claim signals a shift in a school that had struggled to grapple with historical abuse claims.

This came to a head when allegations were made against a once revered school figure, Christopher Howell, who taught at Trinity for more than 40 years.

Howell took his own life before he was due to face court on an indecent assault charge, and, even though they knew about the allegations, former headmaster Dr Michael Davies and his deputy Rohan Brown penned a tribute calling him a hero.

The tribute caused deep divides in the school, culminating with Dr Davies’ resignation in 2018. His exit from the school was not over the handling of abuse allegations, but from intense backlash for sacking Mr Brown after he cut a student’s hair. 

If this story has raised concerns for you, the following services can assist:

Lifeline: 13 11 14 lifeline.org.au

Sexual Assault Crisis Line: 1800 806 292 (free call)


RETRIEVED https://www.theage.com.au/national/victoria/trinity-grammar-settles-sexual-abuse-case-for-1-million-20200201-p53wty.html

Letters Patent

ELIZABETH THE SECOND, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth:

TO

The Honourable Justice Peter David McClellan AM,
Mr Robert Atkinson,
The Honourable Justice Jennifer Ann Coate,
Mr Robert William Fitzgerald AM,
Dr Helen Mary Milroy, and
Mr Andrew James Marshall Murray

GREETING

WHEREAS all children deserve a safe and happy childhood.

AND Australia has undertaken international obligations to take all appropriate legislative, administrative, social and educational measures to protect children from sexual abuse and other forms of abuse, including measures for the prevention, identification, reporting, referral, investigation, treatment and follow up of incidents of child abuse.

AND all forms of child sexual abuse are a gross violation of a child’s right to this protection and a crime under Australian law and may be accompanied by other unlawful or improper treatment of children, including physical assault, exploitation, deprivation and neglect.

AND child sexual abuse and other related unlawful or improper treatment of children have a long-term cost to individuals, the economy and society.

AND public and private institutions, including child-care, cultural, educational, religious, sporting and other institutions, provide important services and support for children and their families that are beneficial to children’s development.

AND it is important that claims of systemic failures by institutions in relation to allegations and incidents of child sexual abuse and any related unlawful or improper treatment of children be fully explored, and that best practice is identified so that it may be followed in the future both to protect against the occurrence of child sexual abuse and to respond appropriately when any allegations and incidents of child sexual abuse occur, including holding perpetrators to account and providing justice to victims.

AND it is important that those sexually abused as a child in an Australian institution can share their experiences to assist with healing and to inform the development of strategies and reforms that your inquiry will seek to identify.

AND noting that, without diminishing its criminality or seriousness, your inquiry will not specifically examine the issue of child sexual abuse and related matters outside institutional contexts, but that any recommendations you make are likely to improve the response to all forms of child sexual abuse in all contexts.

AND all Australian Governments have expressed their support for, and undertaken to cooperate with, your inquiry.

NOW THEREFORE We do, by these Our Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council and under the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902 and every other enabling power, appoint you to be a Commission of inquiry, and require and authorise you, to inquire into institutional responses to allegations and incidents of child sexual abuse and related matters, and in particular, without limiting the scope of your inquiry, the following matters:

  1. what institutions and governments should do to better protect children against child sexual abuse and related matters in institutional contexts in the future;
  2. what institutions and governments should do to achieve best practice in encouraging the reporting of, and responding to reports or information about, allegations, incidents or risks of child sexual abuse and related matters in institutional contexts;
  3. what should be done to eliminate or reduce impediments that currently exist for responding appropriately to child sexual abuse and related matters in institutional contexts, including addressing failures in, and impediments to, reporting, investigating and responding to allegations and incidents of abuse;
  4. what institutions and governments should do to address, or alleviate the impact of, past and future child sexual abuse and related matters in institutional contexts, including, in particular, in ensuring justice for victims through the provision of redress by institutions, processes for referral for investigation and prosecution and support services.

AND We direct you to make any recommendations arising out of your inquiry that you consider appropriate, including recommendations about any policy, legislative, administrative or structural reforms.

AND, without limiting the scope of your inquiry or the scope of any recommendations arising out of your inquiry that you may consider appropriate, We direct you, for the purposes of your inquiry and recommendations, to have regard to the following matters:

  1. the experience of people directly or indirectly affected by child sexual abuse and related matters in institutional contexts, and the provision of opportunities for them to share their experiences in appropriate ways while recognising that many of them will be severely traumatised or will have special support needs;
  2. the need to focus your inquiry and recommendations on systemic issues, recognising nevertheless that you will be informed by individual cases and may need to make referrals to appropriate authorities in individual cases;
  3. the adequacy and appropriateness of the responses by institutions, and their officials, to reports and information about allegations, incidents or risks of child sexual abuse and related matters in institutional contexts;
  4. changes to laws, policies, practices and systems that have improved over time the ability of institutions and governments to better protect against and respond to child sexual abuse and related matters in institutional contexts.

AND We further declare that you are not required by these Our Letters Patent to inquire, or to continue to inquire, into a particular matter to the extent that you are satisfied that the matter has been, is being, or will be, sufficiently and appropriately dealt with by another inquiry or investigation or a criminal or civil proceeding.

AND, without limiting the scope of your inquiry or the scope of any recommendations arising out of your inquiry that you may consider appropriate, We direct you, for the purposes of your inquiry and recommendations, to consider the following matters, and We authorise you to take (or refrain from taking) any action that you consider appropriate arising out of your consideration:

  1. the need to establish mechanisms to facilitate the timely communication of information, or the furnishing of evidence, documents or things, in accordance with section 6P of the Royal Commissions Act 1902 or any other relevant law, including, for example, for the purpose of enabling the timely investigation and prosecution of offences;
  2. the need to establish investigation units to support your inquiry;
  3. the need to ensure that evidence that may be received by you that identifies particular individuals as having been involved in child sexual abuse or related matters is dealt with in a way that does not prejudice current or future criminal or civil proceedings or other contemporaneous inquiries;
  4. the need to establish appropriate arrangements in relation to current and previous inquiries, in Australia and elsewhere, for evidence and information to be shared with you in ways consistent with relevant obligations so that the work of those inquiries, including, with any necessary consents, the testimony of witnesses, can be taken into account by you in a way that avoids unnecessary duplication, improves efficiency and avoids unnecessary trauma to witnesses;
  5. the need to ensure that institutions and other parties are given a sufficient opportunity to respond to requests and requirements for information, documents and things, including, for example, having regard to any need to obtain archived material.

AND We appoint you, the Honourable Justice Peter David McClellan AM, to be the Chair of the Commission.

AND We declare that you are a relevant Commission for the purposes of sections 4 and 5 of the Royal Commissions Act 1902.

AND We declare that you are authorised to conduct your inquiry into any matter under these Our Letters Patent in combination with any inquiry into the same matter, or a matter related to that matter, that you are directed or authorised to conduct by any Commission, or under any order or appointment, made by any of Our Governors of the States or by the Government of any of Our Territories.

AND We declare that in these Our Letters Patent:

child means a child within the meaning of the Convention on the Rights of the Child of 20 November 1989.

government means the Government of the Commonwealth or of a State or Territory, and includes any non-government institution that undertakes, or has undertaken, activities on behalf of a government.

institution means any public or private body, agency, association, club, institution, organisation or other entity or group of entities of any kind (whether incorporated or unincorporated), and however described, and:

  1. includes, for example, an entity or group of entities (including an entity or group of entities that no longer exists) that provides, or has at any time provided, activities, facilities, programs or services of any kind that provide the means through which adults have contact with children, including through their families; and
  2. does not include the family.

institutional context: child sexual abuse happens in an institutional context if, for example:

  1. it happens on premises of an institution, where activities of an institution take place, or in connection with the activities of an institution; or
  2. it is engaged in by an official of an institution in circumstances (including circumstances involving settings not directly controlled by the institution) where you consider that the institution has, or its activities have, created, facilitated, increased, or in any way contributed to, (whether by act or omission) the risk of child sexual abuse or the circumstances or conditions giving rise to that risk; or
  3. it happens in any other circumstances where you consider that an institution is, or should be treated as being, responsible for adults having contact with children.

law means a law of the Commonwealth or of a State or Territory.

official, of an institution, includes:

  1. any representative (however described) of the institution or a related entity; and
  2. any member, officer, employee, associate, contractor or volunteer (however described) of the institution or a related entity; and
  3. any person, or any member, officer, employee, associate, contractor or volunteer (however described) of a body or other entity, who provides services to, or for, the institution or a related entity; and
  4. any other person who you consider is, or should be treated as if the person were, an official of the institution.

related matters means any unlawful or improper treatment of children that is, either generally or in any particular instance, connected or associated with child sexual abuse.

AND We:

  1. require you to begin your inquiry as soon as practicable, and
  2. require you to make your inquiry as expeditiously as possible; and
  3. require you to submit to Our Governor-General:
    1. first and as soon as possible, and in any event not later than 30 June 2014 (or such later date as Our Prime Minister may, by notice in the Gazette, fix on your recommendation), an initial report of the results of your inquiry, the recommendations for early consideration you may consider appropriate to make in this initial report, and your recommendation for the date, not later than 31 December 2015, to be fixed for the submission of your final report; and
    2. then and as soon as possible, and in any event not later than the date Our Prime Minister may, by notice in the Gazette, fix on your recommendation, your final report of the results of your inquiry and your recommendations; and
  4. authorise you to submit to Our Governor-General any additional interim reports that you consider appropriate.

IN WITNESS, We have caused these Our Letters to be made Patent.

WITNESS Quentin Bryce, Governor-General of the Commonwealth of Australia.
Dated 11th January 2013
Governor-General
By Her Excellency’s Command
Prime Minister

ENTERED ON RECORD by me in Register of Patents No. , page , on
Secretary to the Federal Executive Council

All States have now issued Letters Patent or their equivalent, Instruments of Appointment, to appoint the six Commissioners to conduct an inquiry into institutional responses to child sexual abuse under their laws.

The Commissioners were formally appointed under Western Australian law on 22 January 2013, Queensland law on 24 January 2013, New South Wales law on 25 January 2013, Victorian law on 12 February 2013, Tasmanian law on 4 March 2013 and South Australian law on 7 March 2013.

ELIZABETH THE SECOND, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth:

TO

The Honourable Justice Peter David McClellan AM,
Mr Robert Atkinson,
The Honourable Justice Jennifer Ann Coate,
Mr Robert William Fitzgerald AM,
Dr Helen Mary Milroy, and
Mr Andrew James Marshall Murray

GREETING

WHEREAS We, by Our Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia, appointed you to be a Commission of inquiry, required and authorized you to inquire into certain matters, and required you to submit to Our Governor-General a report of the results of your inquiry, and your recommendations, not later than 31 December 2015.

AND it is desired to amend Our Letters Patent to require you to submit to Our Governor-General a report of the results of your inquiry, and your recommendations, not later than 15 December 2017.

NOW THEREFORE We do, by these Our Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council and under the Constitution of the Commonwealth of Australia, the Royal Commissions Act 1902 and every other enabling power, amend the Letters Patent issued to you by omitting from subparagraph (p)(i) of the Letters Patent “31 December 2015” and substituting “15 December 2017.”

IN WITNESS, We have caused these Our Letters to be made Patent.

WITNESS General the Honourable Sir Peter Cosgrove AK MC (Ret’d),
Governor-General of the Commonwealth of Australia. 

Dated 13 November 2014
Governor-General
By His Excellency’s Command
Attorney-General

Retrieved https://www.childabuseroyalcommission.gov.au/terms-reference

Staff tolerated culture of sex abuse at St Paul’s School

Some pupils were inhibited from reporting abuse by their parents’ pride that they were at the school, a review found
ALAMY

A culture of “power, complicity and coercion” allowed endemic sexual abuse to flourish for decades at one of Britain’s leading public schools, an inquiry has found.

St Paul’s School, in Barnes, southwest London, failed to challenge paedophile teachers because “maintaining the reputation of the organisation” was a higher priority than “any consideration of the impact their behaviour had on pupils”.

A serious case review was ordered in 2017 after five former teachers at St Paul’s and its junior school, formerly known as Colet Court, were found guilty of sex offences against boys or the possession of child abuse images.

The convictions followed a police inquiry prompted in 2014 by a series of articles in The Times in which former pupils made allegations against staff who…

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RETRIEVED https://www.thetimes.co.uk/edition/news/staff-tolerated-culture-of-sex-abuse-at-st-paul-s-school-in-barnes-southwest-london-7dbkj2jkm

January 14 2020, 12:01am, The Times

Staff tolerated culture of sex abuse at St Paul’s School | News | The Times

A culture of “power, complicity and coercion” allowed endemic sexual abuse to flourish for decades at one of Britain’s leading public schools, an inquiry has found.St Paul’s School, in Barnes, southwest London, failed to challenge paedophile teachers because “maintaining the reputation of the organi
— Read on www.thetimes.co.uk/edition/news/staff-tolerated-culture-of-sex-abuse-at-st-paul-s-school-in-barnes-southwest-london-7dbkj2jkm

> v similar behaviour was voiced amongst the ‘parents & friends’ community of numerous ‘Elite’ Schools in Australia: GPS (Greater Public Schools) after held their pride above the Justice and Respect their Youth deserved! This habit needs to end, breaking free of the shackles that obviously link back to our founding country of Britain. These pieces of media from The Times is of major importance, in that Australia is leaps ahead of GB, in both our awareness and acceptance of these (hidden) truths – they’re only starting to become publicly aware of.

Vigilance, Part 1 – Neglect

Vigilance, Part 1 – Neglect

Vigilance, Part 1 – Neglect
— Read on avoicereclaimed.com/2020/01/05/vigilance-part-1-neglect/


https://www.nspcc.org.uk/globalassets/for-go-live-images/children-neglect/20140918-360-girl-by-wall-1.jpg?width=400&mode=crop&anchor=middlecenter

Image courtesy of NSPCC

Wider effects of CSA …

Despite the gradual acceptance that children are not of blame, rather the victim of the horrendous CSA events, often in Institutions of immense deception the (‘responsible’) adults are trained en-masse to deflect + defend the reputation of their Institutions, often ahead of their own relations’ ‘care and wellbeing’. Unfortunately, it appears that the importance/priority of the same places behind the (hidden) occurrence of most of these CSA Events are actually practicing what they preach against:

“In his steps, what would Jesus do?” – … (see image)

This is where #victimisation steps in as yet another layer of avoidable impacts, which should also be avoided. At an extreme level, is that levels of family of the Abused CSA Survivour add to the ripple-effect by defending their wrongdoing over the often-delayed truthfulness of the CSA victim. Often taking decades (if that) to reveal these CSA occurrences – fear of family/friends, social + institutional exclusion (ostracism) may often outweigh an individual’s chance to become who they could ultimately become. This is but one frequent area, where the determined/brave amongst us are calling out to those who are still in their early phases of resolving their past.

Ganesh, Jesus, Buddha + Confucius (SouthPark) <presumed>

The reuse of the character of ‘Jesus’ has been used, due to the frequency of SM usage. Others that may be relevant, are as provided in the SouthPark cartoon picture above. Each religion/deity share similar ideals, yet differ slightly to the others (often outdoing/replacing earlier ones).

Also related is the wider effect of CSA on Family & Friends, Female Survivors, Male Survivors, Students, Teachers and Workers. These will be dealt with in future postings over 2020 + so forth. Due to RCbbc being initially of male/‘Boys’ relevance, most information has been related that way, yet an increasing amount of conversations + messages have been had with the females (partners, children, sisters + relations) in their lives, offering a wider POV in this growing field. Even Counselling has grown + specialised over the last few decades, from a ‘there-there, we believe you’ to a genuine-scientific-community related Industry. Hats off, to those who are waiting urgently for their Redress/Compensation. We’d be willing to offer our Support, where needed.