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AAP
AAP
Ethan James

Reviews after abuse inquiry findings 'hampered' by laws

An inquiry found Ashley Youth Detention Centre posed a child sexual abuse risk and should be closed. (Ethan James/AAP PHOTOS)

Tasmanian laws which made it "difficult" for an inquiry into child sexual abuse to make misconduct findings will be reviewed.

The final report of a commission of inquiry into state government responses to child sexual abuse, released last month, made 191 recommendations.

It detailed harrowing accounts of abuse and systemic failures over decades in Tasmania's health, justice, education and out-of-home care systems.

The state government on Tuesday announced the Tasmania Law Reform Institute had been asked to examine the Commissions of Inquiry Act. 

A separate review will investigate whether public servants whose legal fees were covered by the state acted in "good faith" and whether they should reimburse the state if they didn't. 

The state government says 26 individuals were granted independent legal assistance.

The commission said the wording of laws they functioned under made it "difficult and, in some cases, impossible" to make findings they might otherwise have made.

Commissioner Marcia Neave said inquiries were obliged to satisfy procedural fairness requirements before making adverse or misconduct findings against individuals or bodies.

"However, we note that the Tasmanian Commissions of Inquiry Act imposes complex procedural requirements before doing so," she said.

The act was out of step with other states and territories, Ms Neave said.

Opposition political parties have raised concerns individuals have escaped scrutiny as a result.

Premier Jeremy Rockliff said the absence of a finding was not a statement that individuals would not be held accountable. 

He pointed out the commission had referred more than 100 people to police and other authorities and nine people had been charged. 

He said in August seven current state servants from the Department of Education, children and Young People were identified as alleged perpetrators. 

Employment disciplinary processes were ongoing for five, while two had been investigated and cleared and were back at work. 

The Tasmania Law Reform Institute will also examine section 194k of the Evidence Act 2001, which relates to the identification of child sexual abuse survivors. 

The inquiry said the law sometimes operated in unusual ways in regards to what details they could and couldn't publish.

"The ... government has committed to all 191 recommendations and these two reviews are an important part of our commitment," Attorney-General Guy Barnett said. 

"The safety of our children and young people is our absolute priority."

The inquiry found Ashley Youth Detention Centre posed a "live and current" child sexual abuse risk and should be closed. 

The state government says the centre will be shut as soon as possible but hasn't provided a timeline.

A bill to provide $25 million for funding priority inquiry recommendations was tabled in parliament on Tuesday. 

It includes $5 million towards essential maintenance and staff recruitment and training at the detention centre and plans for a new facility. 

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