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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2023-06-14 Daily Xml
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Motions

Children in State Care Apology Anniversary

The Hon. P.B. MALINAUSKAS (Croydon—Premier) (11:10): I move:

That this house—

(a) recognises that 17 June 2023 is the 15th anniversary of the formal apology offered by the government of South Australia to children abused in state care;

(b) notes the continuing significance of the apology to those people who were abused while in the care of the state;

(c) acknowledges the enduring legacy of the late the Hon. Ted Mullighan QC as commissioner and the staff of the Children in State Care Commission of Inquiry;

(d) acknowledges the ongoing work of staff in the Department for Child Protection and many non-government organisations to support victims of abuse crimes;

(e) acknowledges the work of survivors, advocates, the police, DPP and the wider justice system who work to achieve justice for victims and hold perpetrators to account; and

(f) reiterates the apology made by the then Premier the Hon. Mike Rann to those who were abused in state care.

On 17 June 2008, then Premier the Hon. Mike Rann stood where I am standing today and said the following:

That this parliament recognises the abuses of some of those who grew up in state care and the impact that this had on their lives.

Only those who have been subject to this kind of abuse or neglect will ever be able to fully understand what it means to have experienced these abhorrent acts.

For many of these people, governments of any persuasion were not to be trusted. Yet many have overcome this mistrust.

You have been listened to and believed and this parliament now commits itself to righting the wrongs of the past.

We recognise that the majority of carers have been, and still are, decent, honourable people who continue to open their hearts to care for vulnerable children.

We thank those South Australians for their compassion and care.

We also acknowledge that some have abused the trust placed in them as carers. They have preyed upon our children.

We acknowledge those courageous people who opened up their own wounds to ensure that we as a state could know the extent of these abuses.

We accept that some children who were placed in the care of government and church institutions suffered abuse.

We accept these children were hurt.

We accept they were hurt through no fault of their own.

We acknowledge this truth.

We acknowledge that in the past the state has not protected some of its most vulnerable.

By this apology we express regret for the pain that has been suffered by so many.

To all those who experienced abuse in state care, we are sorry.

To those who witnessed these abuses, we are sorry.

This apology from the Hon. Mike Rann was a moment of historical importance for South Australia. It was an acknowledgement of the failings of this state and its institutions in their duty to protect some of our most vulnerable—those children who had been placed into state care.

Today, as we mark the 15th anniversary of the apology made in this chamber, I want to take the opportunity to again reflect on the impact that institutional abuse has had on the lives of so many vulnerable and innocent children.

I would like to acknowledge the presence in the gallery today of the people who experienced institutional abuse. It is to them that we said sorry 15 years ago and it is to them we reaffirm that apology here today. We do this because we know that, for so many, that abuse was only the beginning of so much pain, so much fear, so much loss.

Ki Meekins is one of the children whose life was forever altered by his treatment in state care. I want to thank my parliamentary colleagues, particularly Frank Pangallo and Tammy Franks, and especially recognise Ki's lawyer and advocate, Jennifer Corkhill, for their tireless advocacy on his behalf in bringing his case to my attention.

The story that Ki has shared is frankly one of true horror. During his formative years, he experienced neglect, violence and sexual and physical abuse at a time when he should have had the love, encouragement and protection that every child needs and deserves. However, the people who were meant to care for Ki, to love Ki, to ensure that Ki did not come to harm, were the very people who betrayed him, who abused him, who robbed him of so much of his childhood and took so much from the man that child became.

When he attempted to call out his tormentors, his abusers, he faced further insult. It is a shamefully common story that he is met with disbelief and denial, causing yet further torment and further suffering. As a result, he was not afforded the counselling or support that he needed or any sort of dignity or compassion. But Ki is here today, and to Ki, as Premier of this state I want to say that I am truly sorry. I am sorry for what was done to you, what was said to you, what you were accused of, what you had to go through to get to this point in this room, where finally you can trust that you are heard and that you are believed. What is worse is that Ki's story is not unique. His suffering is not unique.

We recognise that abuse can dramatically and irreversibly change the trajectory of a person's life, robbing them of the opportunity to reach their full potential, to have healthy relationships and to live a life free from fear and trauma. For so many, these devastating effects continue to cast a deep shadow over their lives, and today I also want to take this opportunity to recognise those who shone light upon this darkness. First and foremost, I want to acknowledge the survivors and advocates who have fought so bravely and for so long to have their voices heard, and to them I also say the state is sorry.

It is on their behalf that we extend thanks to those who have dedicated their working lives and their volunteer hours to addressing the wrongs committed against children in state care. It is on their behalf that we recognise the work of Ted Mullighan and his staff, and it is to them and their families that we pledge afresh our commitment to do what we can to prevent further crimes against children. Thank you for your strength, your courage, your advocacy and for fighting for change.

Until the end of March 2023, the commonwealth Department of Social Services, the agency responsible for administering the National Redress Scheme, had received applications from in excess of 1,100 individuals relating to South Australian government institutions. Think about that number for a moment and the individual stories it represents, the pain experienced, the potential lost. I recognise the incredible strength and courage each and every one of those people have shown in applying to the National Redress Scheme. Their ability to make this application is a living testament to their resilience and their determination.

I also want to highlight the work of the South Australian services whose informed, professional and sympathetic work implementing the National Redress Scheme makes a difference for those who walk alongside on this journey—countless non-government organisations. Today, I want to say to Ki, everyone like Ki and everyone let down by the very system that should have offered love and protection in those critical years, that we are sorry. I want to tell you that we recognise your courage, your resilience and your refusal to let this injustice rest. Your stories, your lives, your experiences—they matter.

Your being here today is truly a testament to the human spirit itself. How anybody could overcome such an abuse of trust, such horrific circumstances, and then be able to tell and share their story for the benefit of others is truly remarkable and an extraordinary credit to each and every one of those survivors. We are thankful that you are here with us today, and I commend this motion to the house.

The Hon. D.J. SPEIRS (Black—Leader of the Opposition) (11:20): On behalf of the opposition, the Liberal Party of South Australia, I rise to support the government's motion in the spirit of bipartisanship, recognising that 17 June 2023 is the 15th anniversary of the formal apology that was offered by the South Australian government to children who were abused in state care. Today, I would like to acknowledge the presence of people in the gallery today, some of whom were personally impacted as previous wards of state, some of whom may have cared for them and others who have made a professional contribution towards supporting those individuals—many over several decades in duration.

In 2008, the then Premier, the Hon. Mike Rann MP, apologised to children who were abused in state care on behalf of the South Australian government and the South Australian parliament. He stood up in this place, in this chamber, and made that heartfelt apology. The government's formal apology came following the South Australian Children in State Care Commission of Inquiry, undertaken by Commissioner Ted Mullighan QC and completed in April 2008.

The inquiry commenced in 2004 and over some four years investigated the deaths of 924 children in state care, including 1,592 allegations of sexual abuse that occurred in South Australia between the 1930s and the early 2000s. Those numbers roll off the tongue with a disconcerting ease, but behind each of those individual numbers is a humanity, a depth of feeling, a depth of tragedy which must be acknowledged, which must be reflected upon, and, as the Premier has undertaken to reiterate again today, which must be apologised for. Commissioner Mullighan heard from 406 males and 386 females. He noted in his report:

Many told the Inquiry it was the first time they had disclosed the sexual abuse, and many said it still affected them as adults.

Their contributions confirmed that sexual abuse is widespread, the reporting rate is low and the effects can be devastating and lifelong. Evidence that was provided to the inquiry demonstrated that sexual abuse occurred in every type of care facility. It occurred within institutional care, it occurred within smaller group care, it occurred within residential care units, in foster care and family care, and in secure care facilities.

The report tells a tale of abuse against children of various ages, children who had disabilities and children of Aboriginal or Torres Strait Islander descent. It is a tragedy that occurred, and we must acknowledge this and continually commit to changing, putting in the safeguards to ensure that such things cannot happen again and always be vigilant as governments and as oppositions, working together to make sure that these things cannot occur again.

The final report made 54 recommendations to address the inadequacies and failings of the framework for children in state care. These range from legislative reform to improved administration and record keeping within government agencies, the creation of independent specialist services and improved resourcing for the sector. One of the recommendations was that government make a formal apology.

The apology on 17 June 2008 was an important day to acknowledge the impact that these unforgivable experiences had on the lives of children who were trusted into the care of the state, who should have been provided with safe and nurturing environments but instead found themselves the victims of sexual abuse through absolutely no fault of their own. This occasion signified a chance for survivors of abuse to be recognised and to start their journey towards healing and recovery but also to ensure that our governments support strategies and policies to prevent the sexual abuse of children in state care from occurring again.

I hope that as a government and as leaders in our respective communities we have improved the standard of care which is provided for children who are entrusted to the care of the state. I hope that as government and policymakers we are constantly striving towards improving outcomes. I hope that, for children who are currently in care, they know that they will be listened to and that they will be supported should they ever need to have to tell their story in the future.

This apology 15 years ago marked a very important moment in South Australia's history. It acknowledged pain, it acknowledged suffering, but I hope it also acknowledged the desire of our state's leaders, of whatever political persuasion, to do better, to care better and to fight to ensure that such things do not happen in the future. I commend the motion to the house.

The Hon. K.A. HILDYARD (Reynell—Minister for Child Protection, Minister for Women and the Prevention of Domestic and Family Violence, Minister for Recreation, Sport and Racing) (11:27): I rise to wholeheartedly support this motion recognising the 15th anniversary of the children in state care apology. In offering this support, I acknowledge those who join us today. To the remarkable people who spent time in state care, I honour you and I express heartfelt gratitude for your bravery and your voice. You have been, and you are, so very strong continuing being here today with one another. Your capacity for love and kindness and continuing to walk in the face of adversity is extraordinary.

I thank you for your presence and compassion, advocacy and fearless empowerment, and encouragement of others who may have shared a similar experience to your own to come forward and speak up, offering love and support as they traverse their journey. To the courageous and relentless advocates present, I thank you for the work that you do in standing with those who have spent or are still spending time in state care. Your support and encouragement, your holding of them, have empowered their voices and lifted them up to lead their best lives.

Thank you for walking with people, steadfast, kind, strong and focused on justice. As we approach the anniversary of the children in state care apology, it is so important that in this place, and indeed beyond, we deeply, sincerely reflect on the devastating effect of abuse experienced and that the passing of time does not diminish the pain and hardship that individuals continue to endure as a result of horrific abuse. It is my steadfast hope that through honest, deep reflection and meaningful action we can work toward a future where every child and every adult is treated with the dignity and respect they always and absolutely deserve and be enabled to live their lives free from horrific abuse.

All children and young people are precious and deserve to be safe, cared for, loved and empowered to have the best opportunity to physically, mentally and emotionally thrive. It is incumbent upon every one of us in this place that we do what we can to help ensure that they can, and it is incumbent upon all of us in this place to honour those for whom this has not been their experience who have suffered abuse.

Fifteen years ago, former Premier the Hon. Mike Rann formally and rightly apologised on behalf of the government of South Australia to children who were abused in state care. This was a significant moment in our state's history that represents the acknowledgment of the harm that had been done to vulnerable young people. On that day, former Premier Rann said:

I acknowledge that nothing any of us say here today will take back the pain these children have carried into their adult lives. Nothing that we say will be able to change the past actions, the past abuse that was experienced by some of those who were placed in state care.

As we continue to reflect on these words and this moment and the challenges of the past and the challenges of today, it is vital that we come together to acknowledge all who have experienced such pain and abuse and hold them in our hearts and that we renew our commitment and our determination to protect and lift those most in need. Through this motion, we do that, and we strengthen and reiterate our commitment to doing what is in our power to prioritise and help ensure the safety and wellbeing of our most vulnerable children and the affording to them of every opportunity to thrive.

As the Minister for Child Protection, I assure you that I am viscerally utterly determined to advance change that makes a difference in children's lives and that, as I go about that quest, I will carry each of you and your experiences in my heart and in my mind. I acknowledge that for many survivors the devastating effects of the abuse they experienced is a vivid memory present, pervasive and pressing every day, despite the years and decades that may have passed.

As the Premier stated, today we see and acknowledge all who are here, all who are unable to be, and we continue to remember children and their stories and recognise how the trajectory of life for some was irreversibly altered by abuse, sometimes robbing them of the opportunities to reach their full potential, to have healthy relationships and to live free from fear and trauma.

The Department for Child Protection is responsible as successor agency for more than 110 historic and some contemporaneous institutions where children were tragically neglected and abused. At the end of March 2023, hundreds of individuals had made a National Redress Scheme application to allege abuses within those institutional settings.

At a state level, for every person who experienced abuse in an institutional setting and who was failed by the child protection system, there is rightly a dedicated team, the Redress Response Team, within the Department for Child Protection. I am grateful for the work of that team and heartened at the outcomes achieved with survivors who have participated in that process of direct personal response with each formal response attuned as much as possible to the story, the wishes and the culture of survivors.

To date, hundreds of survivors of institutional abuse from a child protection setting have accepted an offer of a direct personal response. Our work, however, continues. And continue it must because we know that the volume of children experiencing a lack of safety continues to grow—because one in three South Australian children are now reported to child protection at some point during the course of their childhoods, because families are increasingly facing the complexity of deeply interconnected issues, and with this children continue to be removed from their families.

In grappling with these stark facts, we are compelled to advance reparation and together, across government and communities, move towards building a better, safer, kinder future for children, free from abuse. Working towards this, successive state governments have rightly acted on the recommendations of the inquiry led by former Supreme Court judge Ted Mullighan and the federal royal commission and also the Nyland royal commission and other coronial inquiries.

Intertwined with and alongside those actions, we are determined to begin to build a child protection and family support system where children, their safety, wellbeing and ability to grow up strong in community and culture, are at the centre of every single effort. We are committed to operating within a safeguarding framework that aligns with the National Principles for Child Safe Organisations. We are working to embed a therapeutic model of care in our care facilities and strengthening training requirements for staff, focused on responding to trauma.

At the core of our child protection and family support system, we are endeavouring to privilege the voices of children and young people. We are establishing avenues for children and young people in care to seek an independent person to advocate on their behalf, and we support and rightly enable representation of children and young people by young people who have had their own care experience and who are passionate about being a voice for others.

We are rightly moving away from the use of those large residential care units that were a legacy of that institutional approach to caring for children and young people, and we are prioritising, every moment, improvements in physical, emotional and online safety. We know that the online world and e-safety are complex, ever-evolving issues, with technology advancing at a fast pace and becoming a bigger part of our lives. We are committed to a sustained focus on online safety to provide protection for precious children from online predators. We are enabling the Guardian for Children and Young People to conduct a visiting program for children and young people in residential care.

We want to progress change across government and community agencies with a view to doing all that we possibly can to assure the safety of children in care. Again, this work does and must continue because while any child is at risk we have so very much more to do. I thank every person who has undertaken work in this area for their commitment, including the Department for Child Protection staff, SAPOL, the Office of the Director for Public Prosecutions, others in the justice system, advocates, community workers and all those who play a role.

Most importantly, again, to the survivors with us today and to all who have experienced abuse, I unreservedly apologise for the mistreatment, the abuse and the neglect that you suffered. We know that too many of you have suffered enduring effects from the failures of the system, which denied you your childhood. For this loss, disempowerment and grief we say sorry, and we firmly resolve as a government and as a state to do all in our power to help ensure that all the children whose care we are entrusted with are protected from harm and treated with dignity and respect.

I speak today grateful that the apology was made 15 years ago and pleased that significant changes are beginning to be advanced. I also speak with each of you here today in my heart and my mind, and with children currently in care in my heart and in my mind, as I continue deeply knowing that there is so much more for me, and indeed all of us, to do, and as I renew that visceral commitment to relentlessly working toward change that keeps children safe, strong, loved and nurtured—as they always should be. I commend this motion to the house.

Mr TEAGUE (Heysen) (11:40): I, too, take the opportunity to commend the motion. As the leader, the minister and the Premier have already said, we join as one here today in remembering and reiterating the apology that was made by the then Premier, the Hon. Mike Rann, 15 years ago—and made to you. I acknowledge your presence here in this chamber today: you, those survivors; you, those who know better than all of us what that legacy means; and you who live daily with the outcomes of the events that occurred over those many decades in our state.

I say that in particular in circumstances where—and he reiterated this on the 10-year anniversary—the then member for Cheltenham cited it as his single proudest significant achievement as minister when, in 2004, Jay Weatherill went about the steps to establish that commission of inquiry, led by the Hon. Ted Mullighan QC. On this occasion, I particularly recognise, as the words of the motion do, the dedicated work of the Hon. Ted Mullighan in the course of those years. It was, I think as comes out on the page, a journey of discovery for him and, in what turned out to be those last years of his life, a signature significant achievement and contribution to the state of South Australia that built upon a lifetime of contribution to the state of South Australia.

I mention you because, as Jay Weatherill said five years ago, this was a significant inquiry indeed, if only for the reason that it was established not for the purpose of its announcement, the media splash that might follow, the recommendations and actions that might follow from it, but from the process of its establishment and for the occasion that it provided—as it turned out, over four years—for you to tell your stories and for the Hon. Ted Mullighan to hear, to collate, to compile, to understand, to bring together, to provide some capacity for the reconciling of those experiences with our own understanding and what we can do going forward into the future. Here you are, 15 years on, as witnesses. Ted Mullighan is no longer with us, but you are.

I just cite one aspect of the observations of Jay Weatherill five years ago because it goes to the way in which the inquiry was established. He cited the experience of one survivor; you might be here today. He said that there was one woman who participated in the inquiry and later said:

'Before this inquiry, my family used to look at me as a bit of a broken-down wreck and somebody who was struggling with their life. After this inquiry, they saw me as a strong woman who had survived this extraordinary set of events and was still standing.' She was able to retell the story of her life to herself and also to her family and, in that way, making herself strong.

I hope that is true for her still today, and I hope that is true for many of you.

As you know, among the 54 recommendations of the Hon. Ted Mullighan's report, one, recommendation 38, was that there be an apology, and that apology was issued on the occasion when the government tabled in this parliament its response to the inquiry. The government at that time accepted the bulk of the recommendations that were made by the Hon. Ted Mullighan. We have reiterated that apology now on multiple occasions.

I have said in the course of these remarks that the inquiry had a special significance not for those recommendations only that came from it but for the process and for the occasion that it provided. I refer to the remarks of the Hon. Ted Mullighan in the opening of his report because I think it makes clear that 15 years ago, as today, we had not come to a point where all things are reconciled, that all things are made good and that we have solved or come to grips with those horrible experiences many of you have lived through. In the opening words of his report, the Hon. Ted Mullighan noted:

The number of children being placed in care has increased; there is a shortage of foster carers and social workers; children tend to be placed according to the availability of placements rather than the suitability; and serviced apartments, motels and B&Bs are used for accommodation because there is no alternative. Such a system cannot properly care for an already vulnerable group of children, let alone protect them from perpetrators of sexual abuse. More resources must be made available to deal with the crisis, as well as to implement necessary reforms for the present and the future.

That is still true today, those words in 2008, 15 years ago. It is well, therefore, that in the presence of so many of you who have taken the trouble to come to this place we reflect on the present and think about the challenges of the future, and you will continue to bear witness to those challenges that we face.

We know that preceding the work of the Hon. Ted Mullighan came the significant work of the Hon. Robyn Layton KC, who had reported in 2003 already, and the Keeping Them Safe report contributed to those aspects of what we ought to know and be able to act upon, a significant work indeed. It was, however, part of what we needed to learn at that time, and we were some 10 years over a journey from the time of the Layton report until the time of the children in state care report before we started to see these matters coming properly to the public attention.

So it is right and reasonable for us to reflect as we do, but also to express our continuing anger and our continuing disappointment that we cannot say that we have done enough for those who have suffered. We have not done enough for those who are suffering now and we must continue to redouble our efforts to ensure that those most vulnerable in our state are better taken care of.

We know that the focus of the Hon. Ted Mullighan's work was on those children who suffered in state care. That suffering continues. It is also something that is perpetrated by parents. It is also something that is perpetrated by individuals who will look to do those most horrendous things. We need to be on our guard to prevent that and to protect those most vulnerable children in all circumstances.

We are here today to recognise the particular work that you have done, together with the Hon. Ted Mullighan, in contributing to the Children in State Care Commission of Inquiry. It is my hope and my dedicated task to ensure that what we do now and going forward is informed and assisted by that extraordinary work, so that when we come on future occasions to reflect on and to reiterate an apology we can do so in a meaningful way against a background of improvement. That is our task for the future.

I thank you again, all those of you who have troubled to come to this place today. I hope that we can continue to work together for improvement into the future. I commend the motion.

The Hon. N.F. COOK (Hurtle Vale—Minister for Human Services) (11:52): I rise to speak in support of the motion acknowledging the 15-year anniversary of the apology to children in state care. This apology is as contemporary now as it was then as we stand with you survivors, supporters, friends, warriors and allies—people who continue to fight for what is just and what is right for all of you.

I recall the day of the apology. I recall listening to then Premier Mike Rann, as a mother, as a nurse and as someone who had already shared an experience and lived with people recounting stories through the course of the work that I undertook, but also during that period of time when I myself was experiencing a different form of trauma.

The importance of the apology to me at that point woke up an awareness, an awareness of how we have to acknowledge history and how we must work with people who have experienced trauma, and particularly abuse, in order to be able to change the future. If we do not acknowledge the past and what has gone on to so terribly damage particularly children, vulnerable children, there is no way that we can change the future. So this apology means a lot now to all of us here in parliament. It means a lot to the public. It has meant a lot ever since the day it was delivered.

I acknowledge the work of members of parliament. I acknowledge the work of so many people in royal commissions past in order to try to seek answers for change. I lament the slow progress, the slow progress of acknowledgement, the slow progress of change, and I feel somewhat hopeful with the conversations now happening that we are on a pathway to making a difference in that.

This year, like no other year, it is so important for us to acknowledge the over-representation of Aboriginal children in out-of-home care; the over-representation of Aboriginal people who have suffered the trauma of having children removed from their homes; the over-representation of Aboriginal children, and in fact young people, who have been in care or currently are still in care, in youth justice, experiencing separation from families and the trauma that comes with that, that simply cannot be healed, that simply cannot be repaired without the love of family, real family.

The consequences of these traumas, the traumas that so many of you have experienced, are long-lasting. They are generational. They are not something that can be healed with an apology. I do hope, though, that it gives some sense of hope that we are looking you in the eye and committing to making sure that we do better, that we, as people who work in this space, will do better.

I am committed absolutely to making better homes, to helping you help our community make better homes for children, to trying to put the brakes on children leaving their homes and being taken from their families, to better supporting families to look after their children in their own homes. It is a determination, it is a reason for me being here, it is a frustration that we cannot make everything better so fast, but I am absolutely committed to continuing to do that work alongside all of our parliamentary colleagues. We all intend the same outcomes.

I have one little quote that I am sure the member for Lee would be quite familiar with. This is one piece of a speech made by Ted Mullighan on retirement that inspires me to continue to work, to listen and to use the proper narrative to do what we are doing. On retirement, Ted Mullighan said:

I trust that the community will not always want to pursue the relentless goal of increasing punishment as a way of fixing society's current problems. I would very much like to work with offenders and help them realise the effects they have had on victims of their crimes.

Today, that still means a lot to me in terms of how we learn and how we can help people to remediate and repair and change their pathways, and make for a much stronger, kinder community.

I echo what has been said by members who have already spoken and, I am sure, what will be said by members who will speak after me; that is, I absolutely apologise for the treatment—for the disgusting treatment—of children by community members who were put in positions of trust when they had nobody else to trust. They had to trust the people who were there to care for them, and they were treated so disgustingly, and I am so sorry.

As I said before, I am so sorry that it takes so long, as well, to turn the tide on this and to make change. But I will work constantly to try to make our community much better for all of you. I commend the motion.

Ms PRATT (Frome) (12:00): As a new member to this chamber, it is my first opportunity to rise to support this motion by the Premier—that this house recognises that 17 June 2023 will be the 15th anniversary of the formal apology offered by the government of South Australia to children abused in state care. It is critical that the parliament continues to recognise the ongoing suffering and trauma of survivors and the continuing significance of that first apology being offered by our state government.

When former Premier Mike Rann tabled the report of the Children in State Care Commission of Inquiry in 2008, he made a commitment to the people of South Australia that there would be an apology to those who were abused as children in state care. As a result of that commission of inquiry, led by the late the Hon. Ted Mullighan QC, South Australia was to discover the horrific prevalence of sexual abuse and neglect that had been perpetrated against our children.

By his own words, Commissioner Mullighan confessed that with all his experience nothing—nothing—had prepared him for his discovery of the foul undercurrent of our society that had been causing great harm and lifelong trauma. From 2004 until the apology in 2008, this inquiry was his sole focus, and what he uncovered was appalling to conceive. What he delivered to our state was a comprehensive retelling of the lived experience of survivors of sexual abuse while in the protection of the state.

I take this opportunity to share some personal reflections, At the time, I was a classroom teacher in a country school in Mount Gambier, and I had the privilege as part of the leadership team to be a primary school counsellor—they are now called wellbeing coordinators. This role allowed me to focus on the wellbeing and resilience of the entire school community, and there were certain responsibilities that fell to me in that role as I interacted with agencies like the Child and Adolescent Mental Health Service; the Department for Families and Communities (FACS), previously FAYS, I think; DECD, the Department for Education, which became Families SA and, of course, now, the Department for Child Protection. The agency names may have changed, but the dedication of the staff did not.

One of the most serious responsibilities I had in that role was to establish relationships with students in the school that would then enable them to feel safe enough, particularly students in state care, to make disclosures of abuse. It was a time when those disclosures enabled students to find their voice, to share their story and, hopefully, to trust that the adults they were sharing that information with would keep them safe and do right by the notification of the disclosure that was being made. Of course, I expand that to teachers more broadly and the responsibilities they had when I was teaching and they still have around making mandatory notifications.

It was essential that we were creating and we continue to create safe learning environments for students in our schools who are living in state care. I want to reflect on the importance of language. At the time that I was practising, we were familiar with the term we innocently used and talked about, 'GOM kids', and I am sure it is familiar to some of you. It stood for guardianship of the minister. It has now changed to under the guardianship of the CEO, but that language added to the stigmatising of students and children who were in state care. I want to recognise the shift that we have seen to more respectful language.

I want to pay recognition to the leadership of the Department for Child Protection, the current minister and the work that the department do every day to ensure that we are seeing best practice in our sites. Teaching students who were in state care did require—and it still does—compassion, patience, kindness and an attentiveness to hidden signs of trauma that could present as behavioural issues in the classroom or in the schoolyard. It required a supportive and forgiving school culture lest our students be misunderstood and penalised.

During that time as a primary school counsellor, I was to meet Commissioner Mullighan as he travelled the state on rotation to meet with survivors. He was taking evidence, of course, and reassuring them that they would be heard and that changes would be made. He was generous enough to make time to meet with us as a professional group. For a man with such a heavy load, he had made time to meet with primary school counsellors in the South-East to support, reassure and guide us in our roles and the work that we were doing to keep students in state care safe at school.

I had a chance to speak to the commissioner and ask him what his own strategies were for processing the heavy evidence and submissions that he was receiving. While he was happy to indulge that question, he was generous to a fault in reflecting on his own practices to decompress and to process these sad stories, but he was very quick to turn back to us as a profession and talk to us about what our strategies were for self-care. I say that because the generosity he had in just listening to us as professionals I can only assume flowed over into those very private sessions where he was taking evidence from survivors.

Commissioner Mullighan was very well chosen, I think, and I certainly will not forget meeting him. I hope that the member for Lee takes heart and is uplifted by some of the reflections that have been passed on in the chamber today. He certainly had a calming influence on us as a group of professionals as he charged us to fulfil our duty to continue to keep the school environment safe for students who were living in state care. Since that time, however, sadly more reports have been initiated, more abuse has been uncovered and more children have been traumatised.

However, along the way there has remained a support network dedicated to the prevention of abuse and the provision of better care for children in care. I want to acknowledge those advocates: frontline workers in SAPOL and the Department for Child Protection, the leadership of outgoing chief executive officer Cathy Taylor and Fiona Ward, frontline staff, those who work at the Child Abuse Report Line, not-for-profits like Foster and Kinship Carers, and members of the public who have made notifications to that report line. I want to thank them for their efforts.

The sexual abuse crimes that were perpetrated and then disclosed to the inquiry are unforgivable. I offer my own apology to those of you who are here today, to those of you who are live streaming and to those who are no longer with us to receive this repeated apology. I sincerely thank you for coming today.

To pay my respects to the origins of this important state recognition, I wish to repeat the words that were proffered to you by the author of this apology. Former Premier Mike Rann told this house:

That this parliament recognises the abuses of some of those who grew up in state care and the impact that this has had on their lives…

By this apology we express regret for the pain that has been suffered by so many.

To all those who experienced abuse in state care, we are sorry.

To those who witnessed these abuses, we are sorry.

To those who were not believed when trying to report these abuses we are sorry.

For the pain shared by loved ones, husbands and wives, partners, brothers and sisters, parents and, importantly, their children, we are sorry.

We commit this parliament to be ever vigilant in its pursuit of those who abuse children.

I commend this motion to the house.

Ms STINSON (Badcoe) (12:10): I would like to start by thanking the Premier and the minister for bringing this motion and also acknowledging the bipartisan support that it has. I was honoured to be the shadow minister for child protection in 2018 and to move that motion to commemorate the 10-year anniversary. I hope that we continue to mark the apology so that it should never fade from our minds.

I would like to reiterate my remarks from that time which have not faded; in fact, in that time my resolve has certainly grown. I would also like to acknowledge that we gather on Kaurna land today, and the particularly devastating number of Aboriginal children in state care.

I would like to start by acknowledging the presence in this house of former wards of the state, people like Priscilla, Beverley, Jeannie, Jen and Michael, whom I have known for many years, but also those who are not with us anymore, including my dear friend Alby. It is for you that this motion is being moved. It is to you that we say sorry, and it is to you that we reaffirm the apology of 15 years ago here today.

It is on your behalf that we extend thanks to those who spent their working lives and their volunteer hours addressing the wrongs committed against children in care. It is on your behalf that we recognise the work of Ted Mullighan and his staff, and it is to you and your families that we pledge afresh our commitment to do what we can to prevent further crimes against children.

For most of us, our childhoods were spent with our parents and siblings and extended families. We shared meals together, we filled our hours in each other's company and we grew up in warm, loving and safe homes. Most of us grew up never questioning that we were loved or safe, and it was not really a thought that would have passed our young minds; it is something that we took for granted. We never realised the security, the self-confidence and the sense of aspiration that we were gifted by virtue of growing up in such families.

While all families have ups and downs and as children grow up their relationships with their parents grow in complexity, most of us made it to adulthood without having to worry about the basics: being fed, being clothed, being housed, and being kept safe from harm. Most of us here went to sleep at night knowing that there was a bright day to welcome us, filled with possibilities. However, all of us in this place now know that not everyone is so fortunate.

It is easy to explain away the lives of people abused as children in care as eventuating because of poverty, drug or alcohol abuse, mental illness, socio-economics, poor parenting models or sometimes even interventions by the state, especially for Aboriginal people. It is easy to think that it would never happen to us, that our lives were a world away and so different, and that our parents made better choices or were better parents, but that is simply not true.

All that stands between many of us here, who did get to experience stable, secure and loving homes, and those who did not, is luck: the luck of being born into a family with fewer challenges to overcome, or maybe the luck of being better equipped to deal with those challenges when they arrived. It is easy to see children in care as the other, particularly those who have experienced abuse, and see care leavers as different from everyone else. But there is no difference at the start. Luck and circumstance conspired against people when they were too little to help themselves and directed their lives in ways most of us cannot understand and will never understand.

To those joining us in person here or online today I say this: most of us have not experienced what you have, and we can only imagine the absence of hope, the feeling of being alone, the pressure of uncertainty, the weight of responsibility, the feelings of guilt and confusion, and the belief that nothing is going to get better. We can only imagine the sexual and physical pain and torment that many of you have endured. We can only imagine the emotional and mental scars left on you and your confidence and your belief in the goodness of humans. We can only imagine the detriment that has been caused to your life, to your relationships and your prospects, and your lost and altered futures.

Although the state does and should provide support and services to you, and admittedly sometimes fails in that, we also know that the best medical help, counselling, justice services and support in the world cannot turn back time. To care leavers I say that we do not pretend to know what it was like for you—we cannot—but we can listen to you, we can learn from you and we can keep your stories in our hearts as we put our minds to reducing and ultimately eliminating crimes against children. That is all we can do and what we should do. It may seem like a small thing but it is very powerful—and we sitting here have the power to create that change.

While we know the ugly and depraved experiences that are part of the fabric of your life, we also know that you have triumphed over adversity. You are here. You are valuable members of our community. You are enlightening people like us and urging us to strive to change things for the better, and we hear you. Out there in the world there are care leavers, including those who are child victims of crime, who are leading businesses, sport, arts, education and the Public Service. There are survivors who are leading their communities just like you here today.

As the former chair of the Victim Support Service and a long-time reporter working very closely with victims of crime, I have come to learn the importance of an apology—admission, acceptance and sincere apology. While every victim of crime is different, for many a recognition from their abuser that they understand the impact of their offending is vitally important. Our courts do put some weight on apologies made to victims and that is fitting because a sincere apology signals to a victim that their pain is recognised.

It can assist a victim to deal with offences against them and begin to work through the complex emotions and implications of sexual and other forms of abuse. It can aid a prosecution and reduce the degree of retraumatisation for victims. It can serve as a public confession and a vindication for a victim too. Many victims I have worked with as a journalist have told me their very painful stories because they wanted to ensure that others are not subject to the injustice that they have endured. They want to warn the community about an offender and all offenders. An apology can give some glimmer of hope that an offender understands their crime and will not do it again or at least is less likely to reoffend.

Really, the same can be said of the state. The apology made 15 years ago by this state to children who were abused in state care was all of those things: an admission of wrongs done in institutional care over many years and the immeasurable pain from those crimes, a confession that these crimes are still committed to this day and that that needs to be stopped and a pledge to do what we can to put right the wrongs of the past and act to protect vulnerable children in state care. Churches and NGOs joined the state in that apology, and they should be commended for that.

Mike Rann as Premier and Jay Weatherill as the then Minister for Families and Communities made the apology on behalf of all South Australians. It was an emotional and moving day for many, and I know many of you were there and so was I. I remember the tears shed, the outpouring of emotion and the many years of pent-up frustration at not being heard suddenly all tumbling out. It was also cathartic for the state, as many apologies can be, but of course an apology does not wash away immense and long-held suffering and, by definition, an apology always comes too late.

Saying sorry is important. Recognition of hurt caused and endured is important. We, as a new generation of leaders here in this place, thank those leaders and the parliament 15 years ago for making that apology. But apologising is not a cure and it is not a solution. It has been 15 years since that momentous apology. We have to admit that there are still crimes perpetrated against children in state care and that there are still people who burrow their way into our child protection system with the aim of manipulating and molesting our most defenceless. I hope one day that will not be the case.

A lot has changed in 15 years. We have seen the establishment of the first Commissioner for Children and Young People, we have seen reams of legislative change, we have seen upgrades to working with children checks. We have seen the establishment of the Early Intervention Research Directorate, a huge increase in kinship care since 2002 and the establishment of a standalone child protection department. We have seen responses to the Chloe Valentine coronial report, the Mullighan report, of course and multimillion dollar investments for the implementation of the Nyland royal commission. We have seen the National Redress Scheme and the removal of time limits for children who wish to take civil legal action against their abusers later in life.

Amid these reforms is the ongoing day-to-day work of carers, police, lawyers, the DPP, victim support services and victims rights commissioners, the NGOs, the departments of child protection and human services, among others, the medical and mental health professions and those who work with victims and protect those currently in state care.

But the biggest change, so care leavers tell me, is a shift in community attitudes, a greater awareness of the plight of children in care—and that is the most fantastic thing in the last 15 years. I take this opportunity to thank all those who work in the sector for their big hearts, their long hours and their selfless dedication to helping others. Although their jobs are incredibly challenging, they are vital and we appreciate the difference they make to lives every day.

I would also like to take the opportunity to express gratitude to the late Ted Mullighan QC and his family. It is due to him and his groundbreaking inquiry that the apology was made 15 years ago. Many in the gallery knew Ted, as did many of us in this chamber as well. I count myself incredibly lucky to have known him for a little while.

The work he undertook on behalf of our community was heartbreaking and soul shaking. We all owe him, his family and his staff a great debt for undertaking it. I especially thank my good friend and colleague the member for Lee for loaning his dad to us. We know that it took a toll, but what he achieved was immeasurable good. I am sure that he is looking down on us all as today we reaffirm the apology and, with it, our commitment to do all we can to protect children in state care.

Lastly, I would like to raise an issue in honour of my dear friend Alby. Many of those who were victims of historic child abuse in care are now in their 50s, 60s, 70s, and even older, and they are looking to their retirement. It is natural as we age to harbour concerns about our care in our senior years. Some of us will remain in our own homes or live with family; some of us will be cared for in aged-care facilities. That is a stressful and daunting prospect for any individual, but imagine if the last time you were in institutional care, and dependent on the care and goodwill of others, you were sexually, physically or mentally abused. The thought of returning to such care must be truly horrifying, and certainly Alby impressed that upon me. God rest his soul.

People have raised with me the hope that the state might provide an additional level of attention and support for people who were abused in state care as they approach their senior years. That support might include additional effort to ensure they can stay in their own homes and avoid institutional care or receive additional counselling and medical assistance while transitioning into aged care. I urge the minister, the Premier and all those in this place to keep that in mind and we will see what we can do for these people who have already suffered so much. Today, to you I say: we are sorry.

Mr WHETSTONE (Chaffey) (12:24): I, too, rise to support the motion. It is a time of reflection. I look to the gallery, and for those who have been abused, for those who have been strong, for those who have come out today in support of others I thank you. What we have seen over many years has been spoken about today: the child abuse, the vagaries of some of those who were more vulnerable, those who were impacted and put into the trust of those who were untrustworthy, those who abused the system and those who have left a scar on the memories of many of you here today.

I was one of the lucky ones. I had a loving mother who wrapped her arms around me and gave me that love and support—but I was one of the lucky ones. What I have listened to today really is a reflection on those who were not so lucky, those who have remained and stood the test of time. If we look around today's society, we are reflecting today on that day, 17 June, 15 years ago when the then Premier made that apology. It marked a significant turning point in the state. The impact of the late the Hon. Ted Mullighan QC, his staff and those who gave him the support and a better understanding of what needed to be done through the Children in State Care Commission of Inquiry, cannot be understated. It played an integral part in righting our wrongs and paving a better future.

Time has been the healer, but time does not always heal every wound. Some of those wounds of what people went through are unimaginable. Families were torn apart. There are those individuals who have stood the test of time and those individuals who have supported others who were less fortunate than themselves. The hard work of the Mullighan inquiry cannot be understated.

As has been said through the excellent contributions here this morning, the vulnerability of our children in state care, the failings of the state to protect children who deserved better and the apology that could not be understated still stand today. As legislators and representatives of our communities, we are representing those communities. As part of my contribution today, I am here to make a formal apology on behalf of the people of Chaffey. There are many people still living today with the scars.

There are still many children today in care who live with the vagaries: they live with some level of uncertainty knowing what history presented. History has tried to right some of those wrongs over many years. There is the ongoing work of the Department for Child Protection, its staff, the non-government organisations, the volunteer organisations and individuals. They are playing their role in making our society a better place, making society more caring and more accountable, and making sure that governments of all persuasions are working in a bipartisan manner so that we can have a fairer society—a society that is held to account and a society that is proud of what it has achieved over many years.

Some of the services and organisations in my electorate that I speak to regularly include Families SA and the Department for Child Protection. I must say that one of the great achievements of the Mullighan inquiry was taking child protection out of the education department and making it a standalone agency that could deal with the issues, the complexities and the vulnerability of those who were impacted so that we could deal directly with a society that had lived those nightmares, lived those memories, that were handed down, in some instances from generation to generation.

I acknowledge the carers in these areas. Most of them have been honourable, compassionate people who are dedicated every day to care for vulnerable children. I must say that they all play an integral part in supporting victims of abuse crimes. As a legislator, I give a commitment that I will play my role in making society a better place, a safer place and more accountable. I will take every opportunity to make a contribution so that we do make society a better place and more accountable.

The anniversary continues to serve as a reminder of our commitment to protecting all South Australians, not just the most vulnerable. It is important that we continue to recognise the mistakes made in our past and ensure that they do not happen into the future. We must remember that child protection is everyone's responsibility. With care, with compassion, I say to all of you who have been impacted and those of you who are here supporting those who have been impacted: we apologise.

The state of South Australia is a better place from the Mullighan inquiry. The state is a better place for us as legislators to have a better understanding of what has happened in history, allowing time to heal some of those wounds but making sure that we do everything we can to make society a safer, better and more acceptable place.

The Hon. S.C. MULLIGHAN (Lee—Treasurer) (12:31): I rise, along with all the other colleagues who have spoken in support of this motion, to lend my support to the motion to apologise or reiterate the apology that was provided in this place 15 years ago. I will speak only briefly. Colleagues here who have spoken before me have covered very well the history of the inquiry, its conduct and also the recommendations, including the apology, but I just want to make a couple of reflections from the outset.

Nearly all of us, except perhaps the member for West Torrens, were not here when the inquiry was first announced. It is my understanding that back at that time there was not only the proposal by Jay Weatherill, the then minister responsible, to the then opposition but a wholehearted acceptance from the opposition that this was an important inquiry to undertake, to legislate to give the inquiry the powers of a royal commission and to agree on the commissioner.

I was obviously not party to the work that was undertaken. In fact, my father spoke very rarely about the work that he was undertaking at the time, but some of the reflections that have been made by other members, including the member for Frome, the member for Badcoe and the minister, are right in that it was deeply, deeply affecting work.

I just want to talk about the way in which the commission was constructed and how it was conducted. As enormously grateful as I am and, no doubt, the rest of my family are to hear the reflections that have been made on my late father and his work in the commission, it was a broader organisation with not only support staff but other investigators. I certainly understand that it was an enormous task from Jay Weatherill and my late father as well as everybody on the commission to try to ensure that the commissioner had some credibility with people who for many years, sometimes decades, had been given cause to have a fundamental distrust of government and all government institutions.

There had been inquiries and there had been reports before over some more recent years but also going back over earlier years. It was anticipated at the beginning that the inquiry might go for perhaps six months, that perhaps a dozen or a few dozen people might come forward. It was the task of the commission as it was constructed to try to make clear to the community that not only was it going to be a genuine effort but that people would be listened to and believed.

I think that more than 1,000 people approached the inquiry, which shows the level of not only unspeakable abuse that had been occurring over many decades here in South Australia but also the incredible effect that that first person who approached the inquiry had. I cannot imagine the trepidation or anxiety for that person, making the decision to overcome their distrust, their fear, and make themselves available for that effort. That first person opened the door to many hundreds of others so that they could be believed, their horrific experiences would be taken into account.

Pleasingly, there were, as the member for Frome and the member for Heysen said, many dozens of people who were finally, after decades, after many years, taken to account, prosecuted, arrested and jailed for the crimes they had committed. But today, along with reiterating the apology, with commemorating the extraordinary work of the commission, I just want to acknowledge that first person for being so brave and opening the door for so many others. I commend the motion to the house.

Ms WORTLEY (Torrens) (12:37): I welcome the opportunity to reiterate my support for the apology referred to in the motion before us today, acknowledging the 15th anniversary of the apology in this place by the Hon. Mike Rann, Premier, and contribution by then minister the Hon. Jay Weatherill. In the preface of the Children in State Care Commission of Inquiry, the Hon. E.P. Mullighan QC, Commissioner, said:

Nothing prepared me for the foul undercurrent of society revealed in the evidence to the Inquiry; not my life in the community or my work in the law as a practitioner and a judge. I had no understanding of the widespread prevalence of the sexual abuse of children in South Australia and its frequent devastating and often lifelong consequences for many of them…

Before the Inquiry I had no understanding that people who had been abused felt fear, guilt, shame and responsibility, which contributed to their silence…

I was not prepared for the horror of the sexual cruelty and exploitation of little children and vulnerable young people in State care by people in positions of trust and responsibility, or the use of them at paedophile parties for sexual gratification, facilitated by the supply of drugs and alcohol.

I had no understanding that, for many people, a consequence of having been sexually abused as a child was the loss of a childhood and an education…

As the Inquiry progressed I soon felt a deep sense of privilege and responsibility at having been entrusted with the disclosures of people's most painful memories. I observed their selflessness and courage in sharing their stories as part of their process of healing, but also their desire to assist in some way to prevent future sexual abuse of children in State care.

I have such gratitude for the work of the Hon. Ted Mullighan QC, who I had the good fortune to work with briefly on a panel many years ago. Today, I offer my heartfelt appreciation to each of you here in the gallery who came forward to tell your story and those who enabled these stories to be told through their support as family members and friends, as well as those who could not be here today but have a story of their own of abuse in state care. Thank you for your bravery, for your courage and for making a difference to the lives of those you may never know, enabling them to have a better life because you have put your voice to your own tragic, sad experiences.

The term 'hero' comes from the ancient Greeks. A hero was a mortal who had done something so far beyond the normal scope of human experience that they may leave behind an immortal memory. To those here today, I am so deeply sorry for the experiences that impacted your life. I am so grateful that you found the strength to speak out. You may not feel it, but you are true heroes.

Motion carried.

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