Detention sex abuse could be examined

The royal commission into institutionalised child sexual abuse could potentially examine cases involving asylum seeker children.

Australian Human Rights Commission President Gillian Triggs

The Human Rights Commission has called for an inquiry into the abuse of children in detention. (AAP)

There's a possibility alleged child sex abuse in Australian immigration detention centres could be examined as part of a current royal commission.

Prime Minister Tony Abbott has ruled out setting up a separate inquiry into the issue despite its recommended by the Australian Human Rights Commission in its children in detention report.

That report alleged there were 33 incidents of sexual assault in detention centres, with most involving children.

Barrister Melinda Richards SC, who lectures on royal commissions at the University of Melbourne, said the terms of reference for the current commission into institutional responses to child sexual abuse were quite broad.

"If the commission was minded to enquire into those allegations and the response of institutions, that would fall within the commission's terms of reference," she told AAP.

The Abbott government would have to change the "letters patent" issued by the governor general if it wanted to stop the royal commission looking at child sex abuse in detention centres.

"It's a theoretical possibility," she said.

The royal commission was set up under the previous Labor government.

The Abbott government has already changed the letters patent to extend the commission's reporting deadline to December 2017.

A spokeswoman for the royal commission into institutionalised child sexual abuse said it was considering the children in detention report.

She said its jurisdiction was confined to the Australian mainland and territories.

This means that hypothetically any child sex abuse at the Nauru detention centre could not be examined, although allegations in mainland centres could be.

The human rights watch dog has declined to confirm whether it has discussed the matter with the royal commissioners.

Comment has been sought from the attorney-general.


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Source: AAP


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