The royal commission into institutional responses to child sexual abuse is continuing its investigation of Australia’s immigration department over allegations of child sexual abuse in detention centres and has left open the possibility of holding public hearings.
In a brief public statement after the Guardian’s publication of the Nauru files, the commission took the unusual step of clarifying the scope of its current investigation. The cache of leaked reports sets out the assaults, sexual abuse, self-harm attempts, child abuse and living conditions endured by asylum seekers and has sparked calls for a Senate inquiry into the reports and Australia’s response.
A spokeswoman for the royal commission said: “The royal commission does not ordinarily comment upon operational matters. However, because of the level of public discussion in relation to immigration detention centres, the commission indicates the following: The royal commission has an ongoing investigation in relation to the Department of Immigration and Border Protection’s response to allegations of child sexual abuse in detention centres. Whether or not a public hearing is warranted has not been determined.”
The statement appears to directly contradict the immigration minister, Peter Dutton, who last year said reports that the commission was investigating the department were “rubbish”.
The publication of the Nauru files has put significant pressure on the royal commission. A number of leading human rights legal organisations released advice previously presented to the commission that argued it had the power to examine allegations of abuse of asylum seeker and refugee children on Nauru. The commission had previously pointed to its own advice that suggested it did not have the scope within its current terms of reference to investigate offshore detention centres.
After the revelations it remains unclear whether the commission will seek to expand the scope of the inquiry to include Nauru or whether it will hold public hearings relating to onshore detention.
The spokeswoman for the commission said: “The royal commission is conscious that a child protection panel was established by the secretary of the Department of Immigration and Border Protection in May 2015. The panel’s terms of reference indicate that ‘a final report will be provided to the secretary by mid-2016 covering both better practice and a comprehensive sample of reviews’.
“The royal commission anticipates that the report will deal with the department’s response to, among other matters, allegations of child abuse in detention centres. The royal commission will have regard to that report in the course of its investigation into immigration detention issues.”
The immigration department has not released the report and it is unclear whether the panel’s findings have been presented to its secretary, Michael Pezzullo.
The commission has also been pressed for a response on whether it will examine offshore detention. The spokeswoman declined to comment on whether it would begin an investigation into Nauru.
