What information will be provided to me?
The alleged victim and their parent/carer are given particular consideration during an inquiry, including:
f being informed of the inquiry’s progress. The Case Manager will set up an agreed schedule of contact with the child’s parent/carer
f being advised of the inquiry findings relating to the child – if there is more than one alleged victim in the inquiry, the parent/carer will only be given information relating to their own child
f being advised, in general terms, of the outcomes of the inquiry.
The term ‘findings’ describes whether there is sufficient evidence to establish a particular allegation occurred – a ‘sustained’ finding. If there is insufficient evidence, the finding is ‘not sustained’.
The term ‘outcomes’ describes key decisions the diocesan leadership makes when one or more allegations in an inquiry is sustained. Outcomes can be about the individual worker or about the wider systems within the Diocese.
Information for witnesses
Once a Case Manager has interviewed a witness and their evidence has been finalised, the child witness’s role in the inquiry is complete. The child and parent/carer will be advised when the inquiry has been completed, but they will not be given information in relation to findings or outcomes.
A child is protected during and after the inquiry
The Diocese is committed to promoting the safety, welfare and wellbeing of children. The local leadership of diocesan entities has an obligation to ensure children involved in an inquiry are given particular care. Counselling and additional support may be arranged for a child if the process makes them anxious or distressed.
Any allegation that a diocesan worker is targeting or discriminating against a child because they reported allegations of misconduct, or because of their participation in an inquiry, is taken very seriously and the OoSG will investigate. If it is established a diocesan worker has been involved in such discrimination, they are at risk of serious disciplinary action.
The OoSG will protect the identity of child witnesses and will only reveal them if legally compelled to do so. The diocesan worker subject of the inquiry has the right to know who he or she is alleged to have abused, but not the identity of child witnesses.
For more detailed information on what happens in an administrative inquiry, you can refer to the Office of Safeguarding website and consult the Office of Safeguarding brochure What happens in an inquiry for children of the Diocese.
Office of Safeguarding Diocese of Maitland-Newcastle P 02 4979 1390
E childprotection@mn.catholic.org.au officeofsafeguarding.org.au
Information for parents and carers of children involved in a diocesan inquiry
The Diocese responds to all allegations of abuse towards children.
Children can become involved in an administrative inquiry as either the victim of, or as a witness to alleged abuse or misconduct by a diocesan worker. Being involved in an inquiry can be very stressful, and it’s easy to feel overwhelmed and confused.
Inquiries conducted by the Diocese aim to understand what has happened when there is a concern that a child may be the subject of abuse or misconduct.
Inquiries help improve children’s safety from abuse by helping to build a culture of safeguarding.
Who will manage the complaint?
The Diocese will conduct inquiries at a level appropriate to the seriousness of the allegation.
Local leaders, i.e. a school principal or a manager, may conduct some inquiries with the Office of Safeguarding overseeing and supporting. These ‘local inquiries’ are informal and resolved more quickly because the nature of the allegation is less serious or only constitutes a minor breach of professional standards.
The Office of Safeguarding must investigate all reportable allegations, as well as undertake any other inquiry it deems appropriate to do so. This may include matters where there is a perceived or actual conflict of interest.
Will the police be contacted?
The Diocese will report to the NSW Police and other relevant authorities, criminal conduct that: f involves a child or class of children f constitutes a serious indictable offence.
A serious indictable offence is an offence that is punishable by imprisonment of five years or more.
Depending on the nature of the allegation, OoSG may also make a report to the Department of Communities and Justice (DCJ).
How long will the inquiry take?
Inquiries may be relatively straightforward and resolved within a few weeks. Other inquiries extend over months, sometimes years.
Some of the more serious inquiries involve statutory authorities conducting their own inquiries. Statutory authorities’ inquiries take precedence – police inquiries come first and then other statutory authorities such as the Department of Communities and Justice. Mostly the Diocese is obliged to wait for statutory authorities to complete their inquiries first, before the Diocese is allowed to begin it's inquiry.
Will my child be interviewed?
The Case Manager will ask for the parent/carer and the child’s consent to participate in the inquiry. If both parent/carer and child agree to participate, the Case Manager will make arrangements to interview the child.
During the interview, the child must feel safe and supported. One or more of the child's parents/carers, or another trusted adult, needs to attend the interview with the child in a supporting witness role.
With the parent/carer and the child’s consent, the interview will be audio recorded. The audio recording will be transcribed into a written record of interview, a copy of which will be posted to the child (care of their parent/carer).
If the parent/carer or child chooses not to participate in the inquiry, the parent/carer will be asked to put their decision in writing to the Case Manager. The choice not to participate will likely affect the inquiry, the Case Manager will not have your child’s evidence available to consider when making findings.
