'Cut church's abuse report decision role'
Institutions like the Catholic Church should never be allowed make the decision to blind report child sex abuse crimes to police, a NSW MP has told a royal commission.
NSW Greens MP David Shoebridge said self interest and the power imbalance were strong motivators for institutions to "blind report", which involves informing police of an allegation of child sex abuse but not giving the name of the victim.
The practice has happened regularly in NSW and means police can't investigate the allegation or arrest persons who may pose a threat to children.
Mr Shoebridge told a Royal Commission into Institutional Responses to Child Sex Abuse roundtable on Wednesday an independent adjudicator should be available to make the decision on blind reporting, which can also happen at the behest of the abuse survivor.
Police, lawyers, survivor advocacy groups are among those represented at the public roundtable called to tease out complex criminal justice issues around child sex abuse.
In his opening address commission chairman Peter McClellan said there were myriad issues to consider including balancing the wishes of survivors, who will have taken many years to come forward, with the requirements of a police investigation.
He sounded out those attending on their approach to blind reporting.
Mr Shoebridge said blind reporting brought into focus "a very strong conflict of interest" by institutions because they knew "they and their members will not be subject of a police investigation".
He also said there was a power imbalance - an abuse victim might be very loathe to challenge the institution - and this was why there needed to be a separate person to genuinely assess whether a victim consented or declined to go to police.
Mr Shoebridge suggested the Ombudsman would be the appropriate decision maker.
Earlier on Wednesday the ABC reported police data sought by Mr Shoebridge under a freedom of information request showed that during the past eight years NSW Police received 1476 blind reports.
The number had risen since the royal commission started its hearing.
Mr Shoebridge told the roundtable it was a substantial issue and the figures were probably higher than those recorded.
Denis O'Brien, lawyer for the Catholic Church's Truth, Justice and Healing Council, said at the roundtable the church's NSW Professional Standards Office and local dioceses had stopped the practice of blind reporting.
NSW Deputy Ombudsman Steve Kinmond said an indication could be given to police that a victim did not wish to be involved with police.
Others attending the roundtable said it was often the police process rather than not wanting to prosecute that put people off - a policeman coming to one's home unannounced, for example.
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