Australia's dramatic & emotional national apology for child abuse...CPS not being held accountable just weeks later.

in #familyprotection6 years ago (edited)

In case you missed it, Australia's new Prime Minister, Scott Morrison, and his government made a very public and dramatic apology on the floor of Parliament with dozens of victims in attendance back in October. The apology was for the hundreds of cases of past abuse of children in CPS custody ("FACS"--for "Department of Family & Community Services"--in Australia.) Here is a link about that apology:

https://www.theguardian.com/australia-news/2018/oct/22/scott-morrisons-national-apology-to-australian-survivors-and-victims-of-child-sexual-abuse-full-speech

Here is a brief excerpt from that speech:

"Today, Australia confronts a trauma – an abomination – hiding in plain sight for far too long. Today, we confront a question too horrible to ask, let alone answer. Why weren’t the children of our nation loved, nurtured and protected? Why was their trust betrayed? Why did those who know cover it up? Why were the cries of children and parents ignored? Why was our system of justice blind to injustice? Why has it taken so long to act? Why were other things more important than this, the care of innocent children? Why didn’t we believe? Today we dare to ask these questions, and finally acknowledge and confront the lost screams of our children."


(Australian PM Scott Morrison, giving his emotional apology. Image courtesy of irishtimes.com)

You can also watch the entire emotional and convincing display on Youtube, if so inclined:

Like many people, I like to trust people. I like to take what they say at face value, unless I have a good reason not to do so. I am basically a trusting soul, but I am beginning to quickly learn that when it comes to two things: 1> politicians, and 2> CPS/FACS, you just can't safely do that. It sure appears that placing trust in either of those is simply not too wise.


(Image courtesy of Australian Institute of Policy Studies.)

Despite the compelling apology, it is now emerging that abuse in the nation's foster care system is ongoing, and some are saying there has been little or no real change, despite the public promises of reform and compensation for the past victims.

Check out this link:

https://kelsolawyers.com/au/news-item/australian-government-and-foster-parent-abuse/

Here is the key excerpt from the link above:

"The legal doctrine of vicarious liability states that a principal is responsible for the actions of someone who is acting as their agent. For example, courts will often find that an employer is vicariously liable for the actions of its employee. This is because an employee acts under the authority and direction of the employer. While courts in other countries have ruled that this kind of relationship can exist between a child welfare department and foster carers, this issue is yet to be decided by Australian courts. In fact, the NSW Attorney General has openly expressed an opinion that such a relationship should not exist between FACS and foster carers.

The second challenge is to establish that FACS should be vicariously liable when the wrongful act of the foster carer was intentional (e.g. abuse), rather than negligent. There needs to be a clear connection between what the foster carer was authorised to do and the misconduct which occurred. For example, physical abuse in the context of discipline, or sexual abuse in the context of bathing. The major problem with foster care abuse in the current political climate is that FACS will not accept vicarious liability for a foster carer’s criminal actions. This means that victims are forced to fight their case in court."


(Image courtesy of Australian Institute of Policy Studies.)

Given all the drama of last fall, you would expect that the Australian Parliament would have acted immediately to address this problem, and to get the Australian FACS and associated legal milieu in line with other major western governments, so that foster care abuse could be easily and properly addressed, and so that victims could be properly compensated, and potential future perpetrators given pause. But, not so. This article, dated January 9, shows that the public display of October, and the secretive realities of January are way out of touch.

I am greatly saddened to read this. You have to go watch that youtube. You can not help but to be caught up in the emotion and hope that emanated from that moment. Then, you realize that we are talking about politicians, and everything changes. I don't know much about Scott Morrison, but I hope he, like all politicians, is eventually held accountable for keeping his promises.

Don't hold your breath.

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I did miss this. I have heard Scott Morrison talk once since he's been top dog and that was his victory speech.

Insurance is my forte and I really should reread this when I'm not sure brain drained so I can understand what the men in suits are trying to say is the legal way to dodge accepting this responsibility or be human enough to apologize for.

Well done.

All I hope for is that people will do exactly what you intend to do.

Yes, the amazing PRODUCTION that was that national apology certainly seems incongruous with the facts in the ground in the legal/court milieu.

Very sad news, similar tangent - there should be a royal comission into the mental health, not enough is being done to help those who have had trauma in their lives

Indeed...especially for those who were abused by people abusing the public trust.