Do Australian politicians listen or respond to those that put them in office? – Part 2
How do the political parties and their hierarchy respond when facts are put before them?
In my last article I discussed the emails sent to Australian political parties and their responses and I have to say that so far their response has been pretty good with the exception of the Greens who have not passed comments on any of the emails sent to date, some of which I must add border on matters dealing with but not isolated too Australian National Security Massive Fraud & Corrupt within Australia, Paedophilia and Matters of National Importance i.e. Who actually owns Australia and Pull the Strings etc.
I am sure you would all agree that with all of the above issues at stake all the above parties should and must respond accordingly. We must all be mindful of the fact that we put them all in office to serve us under the terms and protocol of being “Civil Servants”, to safeguard our constitution and to represent and respect us in all matters concerning our well being and that of the nation.
It is also fact that the other very powerful body known as the Judiciary and in particular Members of the Bar all swear an Oath of Office under Common Law to respect our rights under that most powerful law (Common Law) which to this day still remains above all laws, including Statute Law.
Technically speaking if Statute Law does not compliment or enhance Common Law then it could be deemed illegal!!!!
It is also fact that every person who may be charged or arrested is entitled to an “Open Court – Fair Trial with a Full Jury in attendance and the Media”
In one of my previous articles I covered the Port Arthur Massacre and the sentencing of Martin Bryant ,who in my opinion was not guilty as charged and details of this cover-up were also forwarded to all of the above three parties……….alas still no reply……I wonder why?
The purpose of this article is on a more positive note to show that although the Prime Minister, Julia Gillard did respond she passed it on to the Royal Commission who in-turn replied (as per below) along with the terms and conditions of the inquiry:
— Forwarded Message —–
From: Royal Commission Secretariat <firstname.lastname@example.org>
To: “email@example.com” <firstname.lastname@example.org>
Sent: Tuesday, December 18, 2012 8:56 AM
Subject: RE: Ministerial Correspondence Referral from PM&C. C12/82429 [SEC=UNCLASSIFIED]
Dear Mr Eyre,
Thank you for your email regarding the Royal Commission into Institutional Childhood Sexual Abuse in Australia. The Prime Minister has referred your email to the Secretariat for response.
The Royal Commission is being established because of the overwhelming intensity of the stories that have come to light. Child sexual abuse is a crime that can damage young lives and haunt adults.
The Government has asked all stakeholders, including organisations that represent survivors of child sexual abuse and people formerly in institutional care, community and legal leaders, law enforcement, governments and religious organisations to help shape the development of the Royal Commission.
All suggestions made by these organisations and concerned members of the public are currently being considered by the Government and will help inform the establishment of the Commission. The Commission is expected to begin its public work in early 2013.
The Royal Commission is an important step in ensuring what happened in the past does not happen again and we thank you for your interest.
Royal Commission Secretariat
For the latest information on the Royal Commission, you may wish to visit: childabuseroyalcommission.dpmc.gov.au/home or call 1800 099 340
If you require immediate or crisis support, please call Lifeline on 13 11 14
Prime Minister of Australia
Minister for Families, Community Services and Indigenous Affairs
We are very pleased to announce that on our advice the Governor-General has now appointed six Commissioners for the Royal Commission into institutional responses to child sexual abuse. We have also today released the Terms of Reference that will guide their inquiry.
The Commissioners have been selected because of their broad skills, knowledge and expertise.
o The Royal Commission will be led by Justice Peter McClellan AM, a Supreme Court Judge from New South Wales who brings a wealth of experience as a Judge and as an inquirer. Justice McClellan has been the Chief Judge at Common Law of the Supreme Court of New South Wales since 2005. He has also been Chief Judge of the Land and Environment Court of New South Wales, Chairman of the Sydney Water Inquiry and Assistant Commissioner at the Independent Commission Against Corruption.
o Bob Atkinson, the former Queensland Police Commissioner, brings over 40 years of policing experience to the Royal Commission, including 12 years as Police Commissioner.
o Justice Jennifer Coate has served for twenty years as a magistrate and county court judge in Victoria, including five years as President of the Children’s Court and five years as the Victorian Coroner. Justice Coate has also now been appointed to the Family Court of Australia.
o Robert Fitzgerald has served as a Commissioner in the Productivity Commission since 2004. He has experience in commerce, law, public policy and community services, including as Community and Disability Services Commissioner and Deputy Ombudsman in New South Wales.
o Professor Helen Milroy is a Director of the Centre for Aboriginal Medical and Dental Health at the University of Western Australia and a Consultant Child and Adolescent Psychiatrist with the Specialist Aboriginal Mental Health Service. She brings extensive experience in child and adolescent mental health and Aboriginal health and mental health.
o Former Senator for Western Australia Andrew Murray brings a tremendous background as a legislator and as a campaigner for those who have spent time in institutional care as children.
We have asked the Commissioners to submit an initial report by June 2014, so that we can start acting on early recommendations as quickly as possible. We have asked the Commissioners to aim to finish their inquiry by the end of 2015, but this date will be subject to advice from the Commissioners in their interim report.
The Commissioners will now work on setting up processes for hearing and collecting evidence, including arrangements for people who have special needs. They will also consider what services are needed to support witnesses to the Commission. And in doing so, they will be informed by the experiences of survivors.
An investigative unit within the Royal Commission will ensure the timely referral and criminal investigation of allegations of child sexual abuse that come before the Commission, should victims seek such action.
We received input from more than 800 individuals and organisations on the terms of reference, which has been invaluable in helping shape the scope of the Royal Commission and in selecting Commissioners.
We also worked closely with the state and territory governments in developing the Terms of Reference, and we are pleased that they all support this inquiry.
The Government is committed to do everything we can to make sure that we fix the system for the future. We also want to help survivors of past abuse receive support and justice.
You will find attached an explanation of the Terms of Reference, a general fact sheet on royal commissions and their powers, and a list of support services.
The full Terms of Reference are contained in Letters Patent, which are the formal instructions from the Governor-General to the Commissioners.
For more information, including a copy of the full Letters Patent go to www.childabuseroyalcommission.gov.au. Or you can call 1800 099 340.
Julia Gillard Nicola Roxon Jenny Macklin
Prime Minister of Australia Attorney-General Minister for Families, Community Services and Indigenous Affairs
End of email
I thought that it would be a much better idea to publish the term of reference for the Royal Commission so that all those who have fallen victim to paedophilia or those that may have vital evidence can follow the guidelines and report accordingly……here are the attachments they sent me:
Powers of a Royal Commission
Commonwealth Royal Commissions are public inquiries that are established under Royal Commissions Act1902 (Cth)by appointing Commissioners to conduct an inquiry in accordance with Terms of Reference approved by the Governor-General.In this case the Royal Commission is also expected to be established under relevant State legislation in several jurisdictions. This will allow the Royal Commissioners to act in multiple capacities, performing functions under Commonwealth and State laws.
A Royal Commission can take evidence in a number of ways for different purposes, including conducting formal hearings. Hearings may either be open or closed, or restricted to a certain class of persons. Evidence given in a closed hearing will not be made publically available and will be used in a way that protects an individual’s identity.
Royal Commission can refer information about suspected or alleged crimes to relevant law enforcement authorities or share relevant information with other ongoing inquiries.
Information about hearings and how individuals can participate in the Royal Commission will be made available on its websitewww.childabuseroyalcommission.gov.au.
The Royal Commission has broad powers to gather information and assist with its investigations and inquiries. These are sometimes called coercive powers because they can compel an individual to participate in the inquiry.
The Royal Commission has the power to:
- summons witnesses to appear before it and require them to answer questions under oath or affirmation, and
- summons witnesses to produce a document or other material piece of evidence.
If summoned, there are very few grounds on which a person can refuse to give evidence to a Royal Commission.
Failure to comply with a summons issued by a Royal Commission may result in an individual receiving a fine or in some circumstances imprisonment.
In some circumstances a search warrant and/or arrest warrant might be issued if a person fails to comply with a summons.
It is an offence to intentionally provide false or misleading evidence to a Royal Commission or by intentionally insulting or disturbing it.
Royal Commission into Institutional Responses to Child Sexual Abuse
Explaining theLetters Patent and Terms of Reference
This document explains the Letters Patentand Terms of Reference for the Royal Commission into Institutional Responses to Child Sexual Abuse.
The ‘Letters Patent’ is the legal document from the Governor-General that gives instructions to the Commissioners about the scope of the inquiry and what the Commissioners should investigate and make recommendations on. The Letters Patent also formally appoint the Commissioners.
The full Letters Patent document is available at www.childabuseroyalcommission.gov.au.
This explanation document should not be taken to in any way replace the Letters Patent document, or to have any legal standing.
Why the Royal Commission has been set up
Child sexual abuse is a crime, and a terrible breach of the right of every child to grow up safe and happy.
Child sexual abuse is oftenassociated with other forms of abuseincluding physical abuse, exploitation, and neglect.
All have long-term effects on survivors and their families. There are also costs to the economy and society as a whole.
Australia has committed at an international level to do everything it can to protect children from all forms of abuse. This includes taking action to help prevent child abuse from happening and, when child abuse does happen, to help ensure that cases are identified, reported, investigated, and followed up.
It is recognised that public, non-government and private organisations provide important services and support to help children and their families.
These include childcare, cultural, educational, religious, sporting and other organisations, which play an important role in helping children to grow up safe and happy.
But it is important that laws, rules and practices are in place toensure organisations protect children against the risk of sexual abuseand that claims of abuse and the impacts of abuse are appropriately responded to.
It is important that this inquiry explore claims of systemic failures by institutions to protect children from sexual abuse and related matters.
The inquiry should identify what can be done in the future to better prevent and respond to child sexual abuse, including holding perpetrators to account and providing justice to victims.
People who have been affected by child sexual abuse will be able to share their experiences with the inquiry if they want to, to assist with healing and to inform the Commissioners’ recommendations.
The Australian and State and Territory Governments have committed at the most recent Council of Australian Governments meeting to support this inquiry, and giving it their full cooperation.
What the Royal Commissionwill investigate
The Commissioners will examine past and current child sexual abuse in organisations and may make findings and recommendations on:
- how organisations with a responsibility for childrenhave managed and responded to claims of sexual abuse and other forms of abuse and neglectassociated with child sexual abuse
- whether organisations have done enough to respond to child sexual abuse when it has happened
- what organisations can do to better protect children under their care
- what organisations should do to identify child sexual abuse and encourage people to report it
- how organisations should respond when they find out information that suggests that sexual abuse of children under their responsibility is happening, or has happened in the past
- what the barriers and failures have been to reporting, investigating and dealing with cases of child sexual abuse in organisations, and how these barriers can be removed in the future
- what organisationsshould do to support survivors where child sexual abuse does occur
- what organisations should do to ensure victims receive justice, including through redress by organisations, and investigation and prosecution of perpetrators.
The Commissioners can make any recommendations that they think will help improve the way things are done in the future or help existing survivors.
This includeslooking at laws, as well as the policies, rules and structure of organisations.
What the Royal Commissionwill cover
The Royal Commission is focused on child sexual abuse within organisations and institutions.
The Commission will also look at matters related to child sexual abuse. This means any unlawful or improper treatment of children that is connected or associated with child sexual abuse generally, or in a particular case.
This recognises that other forms of abuse including physical abuse and neglect often happen with sexual abuse, and if connected they can be examined by the Commission.
The Commissioners can look at any public or private organisation that is, or was in the past, involved with children, including non-government organisations and government agencies (including police and justice), schools, sporting clubs, orphanages, foster care, and religious organisations.
This includes where they consider an organisationcaring for a child is responsible for the abuse or for not responding appropriately, regardless of where or when the abuse took place.
The Commission will not specifically examine child sexual abuse outside organisations, such as in the family. However, any recommendations made by the Commissioners are likely to improve the response to child sexual abuse wherever it happens.
How the Commissioners will conduct their inquiry
To carry out the inquiry, the Commissioners will:
- considerthe experiencesof people affected by child sexual abuse in organisations
- look at archives, records and documentsand consider submissions andstatements from public, non-government and private organisations
- look at the laws, as well as policies and practices of institutions, organisations and governments to prevent and respond to child sexual abuse
- takeinto account the findings, recommendations, and information from past and existing inquiries, where appropriate. This can include drawing on the stories of witnesses from other inquiries (with their consent).
The Commissioners will make sure that people telling their stories have appropriate supportin dealing with any trauma that might come up from discussing their abuse.
The Commissioners will also make sure that people with special needs can participate fully in the inquiry. For example, this could include interpreters for people who speak a language other than English, assistance for people with disabilities, and help preparing submissions for people who need assistance with reading and writing.
The Commission will make sure thatorganisations are given enough time to search and respond to requests for documents and records.
Handling of individual cases
The Royal Commission cannot prosecute individuals.
The Commission can refer individual cases to relevant law enforcement bodies, such as police, for investigation and, where appropriate, prosecution in a timely fashion.
The Commissioners will consider appropriate mechanisms for how the Commission might inquire into and investigate particular cases, including past cases, as appropriate.
Mechanisms might include examining archives and records and working with relevant law enforcement bodies such as police.
This includes establishing investigative units to support their inquiry.
In handling evidence about specific cases, the Commissioners will take care not to do anything that could disrupt a current or future criminal prosecution or compensation case.
Timing and reporting
The Commissioners will begin their inquiry as soon as possible.
The Commission will prepare an interim report by 30 June 2014 so thatgovernments and organisations can start taking action on the Commission’s early findings and recommendations.
In this interim report, the Commissioners will identify when their final report will be completed. The Terms of Reference will set an end date for the Royal Commission of 2015, but this date will be subject to the advice of the Commissioners in their interim report.
The Prime Minister can extend the final reporting date which has happened in previous Commissions.
The Commissioners will also be able to provide other interim reports throughout the life of the Royal Commission as appropriate.
Royal Commission into Institutional Responses to Child Sexual Abuse
The Royal Commission will soon start its work.If you need support or advice, a list of services you can contact is below.
National help lines
1800 RESPECT (24-hour sexual assault and domestic violence support) 1800 737 732
Mensline (relationship support for men) 1300 789 978
Lifeline (24-hour crisis support and suicide prevention) 13 11 14
Suicide Call Back Service (24-hour crisis support and suicide prevention) 1300 659 467
beyondblue (mental health support) 1300 22 4636
SANE Australia Helpline (mental health support) 1800 187 263
Specialist national counselling services
Adults Surviving Child Abuse (counselling and support for survivors) 1300 657 380
Find and Connect (Forgotten Australians and Former Child Migrants) 1800 161 109
Bravehearts (counselling for survivors and child protection advocacy) 1800 272 831
Care Leavers Australia Network (support and advocacy for Forgotten Australians) 1800 008 774
State and Territory sexual assault services
NSW Rape Crisis Centre 1800 424 017
Victoria Sexual Assault Crisis Line 1800 806 292
South Australia Yarrow Place 1800 817 421
Western Australia Sexual Assault Resource Centre 1800 199 888
Northern Territory Crisis Line 1800 019 116
Brisbane Rape and Incest Survivors Support Centre 1800 010 120
Canberra Rape Crisis Centre (02) 6247 2525
Tasmania Laurel House (03) 6334 2740
Reporting child sexual abuse to authorities
Child abuse is a crime. If you have been a victim of abuse, or are concerned about a child being abused, this should be reported to police. The Royal Commission cannot prosecute individuals.
Getting involved in the Royal Commission
People wanting to provide evidence or find out more information about the Royal Commission can provide their contact details on 1800 099 340. Staff from the Royal Commission will make contact once the Commissioners begin their work.
For more information
For more information on the Royal Commissiongo to www.childabuseroyalcommission.gov.au.
In closing I would urge anyone who has had their lives changed forever by these mongrels to come forward and take this last opportunity to blow the lid off Paedophilia in Australia. Likewise anyone with credible evidence or information should also do the right think and make the appropriate report.
I know that for many of the victims this is opening up a past they would rather forget but I also know that in doing so will enhance their chances of recovery and at the same time encourage many other victims to come forward and bring those responsible to justice.
I would be more than happy to receive such evidence/information. should you feel so inclined, and can assure you that it will get to those at the top and to the members of the Royal Commission.
You can contact me initially via the comment section and then if required we can exchange communications directly.
Peter Eyre -28/1/2013
Broadcaster – Investigative Journalist – Middle East Consultant – Political Analysis