Abstract
The chapter analyses major responses to historical institutional abuse of children—public inquiries, criminal prosecution of alleged offenders, civil suits lodged by victim/survivors, and redress schemes—with a focus on the latter. It sketches the historical context of residential and foster care and the circumstances that gave rise to “discovering” institutional abuse in the 1980s. Responses and redress outcomes in Australia and New Zealand are described and compared with those found in other countries. Key questions for future research are raised, such as why some responses are more generous than others, and what types of redress responses may be more effective than others.
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References
Australian Senate. 2001. Lost Innocents: Righting the Record, Report on Child Migration. Canberra: Commonwealth of Australia.
Australian Senate. 2004. Forgotten Australians: A Report on Australians Who Experienced Institutional or Out-of-Home Care as Children. Canberra: Commonwealth of Australia.
Australian Senate. 2005. Protecting Vulnerable Children: A National Challenge, Second Report on the Inquiry into Children in Institutional or Out-of-Home Care. Canberra: Commonwealth of Australia.
Barnett, Michael. 1996. Interim Report of the Select Committee on Child Migration. Perth: WA Parliament Legislative Assembly.
Blaxell, Peter. 2012. St Andrew’s Hostel Katanning: How the System and Society Failed Our Children. Perth: Government of Western Australia.
Corby, Brian, Alan Doig, and Vicky Roberts. 2001. Public Inquiries into Abuse of Children in Residential Care. London: Jessica Kingsley Publishers.
Csáky, Corinna. 2009. Keeping Children out of Harmful Institutions: Why We Should Be Investing in Family Based Care. London: Save the Children’s Fund.
Cunneen, Margaret. 2014. Special Commission of Inquiry into Matters Relating to the Police Investigation of Certain Child Sexual Abuse Allegations in the Catholic Diocese of Maitland-Newcastle. Sydney: State of NSW.
Dalley, Bronwyn. 1998. Family Matters: Child Welfare in Twentieth-Century New Zealand. Auckland: Auckland University Press.
Daly, Kathleen. 2014a. Redressing Institutional Abuse of Children. Basingstoke: Palgrave Macmillan.
Daly, Kathleen. 2014b. Conceptualising Responses to Institutional Abuse of Children. Current Issues in Criminal Justice 26 (1): 5–29.
Daly, Kathleen. 2016. Money for Justice: Ex Gratia Redress for Historical Institutional Abuse. In The Sexual Abuse of Children: Recognition and Redress, eds. Yorick Smaal, Amanda Kaladelfos, and Mark Finnane, 160–177. Melbourne: Monash University Publishing.
Department of Internal Affairs. 2007. Te Āiotanga: Report of the Confidential Forum for Former In-Patients of Psychiatric Hospitals. Wellington: Department of Internal Affairs.
De Francis, Vincent. 1969. Protecting the Child Victim of Sex Crimes Committed by Adults. Denver, CO: American Humane Association.
Forde, Leneen. 1999. Report of the Commission of Inquiry into Abuse of Children in Queensland Institutions. Brisbane: Queensland Government.
Gil, David. 1970. Violence against Children: Physical Child Abuse in the United States. Cambridge, MA: Harvard University Press.
Gil, David. 1975. Unravelling Child Abuse. American Journal of Orthopsychiatry 45: 346–356.
Golding, Frank. 2016. Mismanaging Expectations: The Dominance of Sexual Abuse at the Royal Commission. http://frankgolding.com/mismanaging-expectations-the-dominance-of-sexual-abuse-at-the-royal-commission. Accessed 18 May.
Henwood, Judge Carolyn. 2015. Some Memories Never Fade: Final Report of the Confidential Listening and Assistance Service. Wellington: Department of Internal Affairs.
HREOC. 1997. Bringing Them Home: National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families. Sydney: HREOC.
Ministry of Social Development. 2016. Claims Standard Data Report. https://www.msd.govt.nz/about-msd-and-our-work/contact-us/complaints/cyf-historic-claims.html. Accessed 16 May.
Mullighan, Edward P. 2008a. Children in State Care Commission of Inquiry: Allegations of Sexual Abuse and Death from Criminal Conduct. Adelaide: Office of the Commissioner.
Mullighan, Edward P. 2008b. Children on Anangu Pitjantjatjara Yankunytjatjara (APY) Lands Commission of Inquiry: Report into Sexual Abuse. Adelaide: Office of the Commissioner.
Human Rights Commission. 1982. Report of the Human Rights Commission on Representations by the Auckland Committee on Racism and Discrimination, Children and Young Persons Homes Administered by the Department of Social Welfare. Wellington: Human Rights Commission.
Parliament of Victoria. 2013. Betrayal of Trust: Inquiry into the Handling of Child Abuse by Religious and Other Non-Government Organisations. Melbourne: Parliament House.
Parton, Nigel. 1979. The Natural History of Child Abuse: A Study in Social Problem Definition. British Journal of Social Work 9 (4): 431–451.
Penglase, Joanna. 2005. Orphans of the Living: Growing Up in ‘Care’ in Twentieth-Century Australia. Fremantle: Curtain University Books.
Pettersen, Karen-Sofie. 2010. Public Redress Schemes for Former Children in Care. Oslo: University of Oslo.
RCIRCSA. 2015. Redress and Civil Litigation Report. Sydney: Commonwealth of Australia.
RCIRCSA. 2016. Private Sessions. http://www.childabuseroyalcommission.gov.au/share-your-story/private-sessions. Accessed 18 May.
Sköld, Johanna. 2013. Historical Abuse – A Contemporary Issue: Compiling Inquiries into Abuse and Neglect of Children in Out-of-Home Care Worldwide. Journal of Scandinavian Studies in Criminology and Crime Prevention 14 (Sup 1): 5–23.
Stanley, Elizabeth. 2015. Responding to State Institutional Violence. British Journal of Criminology 55 (6): 1149–1167.
Stanley, Nicky, Jill Manthorpe, and Bridget Penhale (eds.). 1999. Institutional Abuse: Perspectives across the Life Course. London: Routledge.
Swain, Shurlee. 2014. History of Australian Inquiries Reviewing Institutions Providing Care for Children. Canberra: Australian Catholic University.
Torpey, John. 2006. Making Whole What Has Been Smashed: On Reparations Politics. Cambridge, MA: Harvard University Press.
UNCAT. 2013. Sixth Periodic Reports of States Parties due in 2013: New Zealand. (CAT/C/NZL/6). Wellington: NZ Government.
Winter, Stephen. 2014. Transitional Justice in Established Democracies: A Political Theory. Basingstoke: Palgrave Macmillan.
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Daly, K. (2017). Redress for Historical Institutional Abuse of Children. In: Deckert, A., Sarre, R. (eds) The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-55747-2_30
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