Herald Sun | 19th July 2012

The investigation is into crime not faith. The crimes were heinous and committed against children. For many victims the offences were repeated, raising suspicions they were covered up. For these reasons, and to place this investigation above and beyond politics, I have repeatedly stated it is more appropriate for a retired judge or a Queen’s Counsel instead of a parliamentary committee to conduct the Baillieu Government’s Inquiry into the Handling of Child Abuse by Religious and Other Organisations.

Put simply, this inquiry is too important for politics. It is about restoring trust. There may be one chance only to achieve the right results to prevent the abuse of innocents being repeated from generation to generation. So far, the Baillieu Government has refused to budge and establish an independent, judicial inquiry.

Submissions to the parliamentary inquiry do not close until the end of next month, so there is still time for the Government to reconsider, particularly given the backlash from informed commentators and the latest move by the Catholic Church.

This week the Catholic Church has echoed my call, announcing a judicial inquiry as its preferred process to investigate alleged abuse by a New South Wales priest against a number of altar boys in the 1980s.

Terms of reference have not been disclosed but the church has appointed former Federal Court judge Tony Whitlam, QC, to investigate. Placing the debate beyond partisanship, former Liberal Party deputy leader Neil Brown, QC, declared in 11114. weighing the merits of a royal commission against the parliamentary committee inquiry in Victoria: “A parliamentary committee inquiry emerges as the last and worst option.”

If the Baillieu Government remains intransigent about making the inquiry independent and judicial, I have called for the Family and Community Development Committee to at least have the expertise of a retired judge or eminent QC for assistance in questioning witnesses and making findings and recommendations to Parliament.

In Philip Cummins, QC, Victoria has virtually a resident expert after his recent Protecting Victoria’s Vulnerable Children Inquiry released its 900-page report, the forerunner to this investigation.

Bushfires royal commissioner Bernie Teague, QC, combined forensic investigative skills with emotional intelligence in balancing the sensitivities of Australia’s worst natural disaster. Frank Vincent, QC, is another retired Supreme Court judge whose insight and wealth of
experience would be invaluable.

As a parliamentarian, dual Walkley Award winner for investigative journalism and former student of Mary MacKillop’s nuns in Broadmeadows and scholarship boy at the Christian Brothers’ College in St Kilda, my view is the duty of the inquiry is to protect the innocents.

It is because of my background in investigative journalism and reporting major inquiries that I argue a judicial inquiry is more appropriate.

It is not constrained by any political interests or time limits to deliver findings and recommendations.

Labor leader Daniel Andrews has also pointed out parliamentary inquiries may lack the funding and resources required, given recent cutbacks.

Families who lost loved ones and victims whose lives have been blighted must be heard; systems for compensation and reparation must be weighed and measured.

Debates will rage over religious law versus common law, mandatory reporting, potential new laws to prevent cover-ups and a range of other
confronting issues.

Nevertheless, questions must. be asked without fear or favour, and the consequences fall.

Frank McGuire is Labor MP for Broadmeadows and deputy chairman of the Victorian Parliament’s Family and Community Development Committee.

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