Abuse in Care inquiry to call state institutions to the stand

Thursday, 11 August 2022

Crown agencies who headed state care institutions such as Lake Alice Psychiatric Hospital have been called to the Royal Commission of Inquiry into Abuse in Care.

Following years of testimony from survivors of state care, the Crown agencies at the heart of the Royal Commission’s Abuse in Care inquiry will take the stand.

On Monday, the commission will begin to examine the failings of the institutions between 1950 and 1999.The hearing is set down for 10 days.

Agency leaders from Oranga Tamariki, Police, Corrections, Māori and Pacific ministries, social development, education, whaikaha disabilities, and health, as well as the Children’s Commissioner and the Ombudsman, will be called as witnesses to present their perspectives on the historical abuse suffered by those in their care.

The agencies will be questioned on whether they met their obligations under Te Tiriti o Waitangi, how systems were monitored for neglect and abuse, including psychological, sexual and physical, as well as how complaints were handled.

Māori survivors of abuse in State and faith-based care will share what happened to them and what needs to change in a two-week hearing. (First published June, 2022)

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Counsel Assist Ruth Thomas is leading the Abuse in Care Disability, Deaf, and Mental Health institutional care hearing. (First published July, 2022)

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Leaders will also be asked to what extent recommendations from previous inquiries and reports were implemented and what lessons have been learned.

Professor Michael Macaulay, who specialises in governance at Victoria University, said it was critical that the agencies were transparent and held accountable for any harm that came from their care.

Survivors of abuse from the Pacific community will give evidence before the Royal Commission of Inquiry into Abuse in Care. (First published July, 2021)

“Anything that promotes public accountability and actually being able to confront genuinely – and in a realistic way – issues that people have faced that can be extremely traumatic and can go back a long way, as painful as though it is, it’s a very important thing to do,” he said.

“You need to have as many people on board in an honest and open-minded way as possible. It's very important to try and incorporate and try to bring to the table as many different organisations as possible so that we can be transparent about these things, and so that conversations can be as free and frank as possible.”

Due to the scope of the inquiry, only issues between 1950 and 1999 are being investigated.

Macaulay said he hoped the hearings would be used as an opportunity to reflect on past wrongs and rebuild, but there was a danger that the agencies may try to distance themselves from the past.

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“We could use the cut-off point of 1999 to try and draw a line and say now it’s time to move on, or, here’s an opportunity to use it as a platform to say, right, well we acknowledge what’s gone on before, now let’s look at what's gone on since 1999 and be a little bit more honest about that and try to find a more constructive path forward,” he said.

“The extent to which people are going to want to try and protect historical reputations I honestly couldn't predict. I sincerely hope it isn’t a major factor.”

The proceedings will be livestreamed from August 15 to August 26. A link can be found on the Commission’s website.

Details have not been released about the response hearing for faith-based institutions which is set down for October.