In our last email we said we would send out the answers to a few questions that had been raised in our focus group and in the community. Following are the main questions we have heard:
Question: What is the process for the release of the report?
Answer: Once the report has been written, it needs to go through a natural justice process.
The principle of natural justice ensures that people subject to criticism or adverse findings have a proper opportunity to respond to ensure that the Inquiry’s reports are fair and accurate. If a proposed finding may negatively affect the interests of any person, the Inquiry must be satisfied that the person or organisation is aware of the findings and has had an opportunity to respond on those matters.
Therefore, once the report is written it will be sent to parties criticised in the report, for them to have an opportunity to respond. After these have been considered and the report finalised, it can then be released to the public.
Question: Will the report be made available to the survivors and the trust board at the same time?
Answer: Given what was discussed above, it is a requirement of the Inquiry to provide the report to the Trust Board, prior to releasing the report to the survivors. The survivors do not need to receive the report as part of the natural justice process, as they will not be criticised in the report.
Question: Is there a possibility of a briefing to the survivors before the report is made available to the public?
Answer: The Inquiry team are willing to participant in an online meeting to discuss their findings, prior to the release of the report to the wider public.
Question: Can the Inquiry suggest or lay charges against any individual?
Answer: The Inquiry is not prevented from making findings of fault or making recommendations that further investigation is needed. However, the Inquiry has no power to determine the civil, criminal or disciplinary liability of any person or make recommendations for any prosecutions or other enforcement actions.
The Terms of Reference:
The Inquiry's Terms of Reference were set by the Dilworth Trust Board and agreed to by the Inquirers. These Terms of Reference (often referred to as the ToR) explain the purpose of the Inquiry, the scope of what should be investigated and reported on, and how the Inquiry and the Trust Board are expected to operate throughout the Inquiry.
The terms of reference can be found here:
https://dilworthinquiry.org.nz/terms-of-reference/
The Report:
The Inquiry will produce a final report that reflects the information and evidence gathered throughout the Inquiry. It will include what we found out about the nature of the abuse, the extent of it, the impact it had on people, what has improved, and what may still need to be done.
We would like to remind you that you can access the Inquiry’s wellness team at any time if you need support.
If you have any further questions please respond to this email or [email protected]. If you would prefer to not receive these update emails, please respond to this email to let us know.
Warm regards,
Dame Silvia Cartwright
Frances Joychild KC