Commission to Inquire into Child Abuse (Amendment) Act 2005

Amendment of section 5 (reports of Commission) of Principal Act.

5

5.—Section 5 of the Principal Act is amended—

( a) in subsection (3)—

(i) by substituting the following paragraph for paragraph ( a):

“( a) may contain findings that abuse of children, or abuse of children during a particular period, occurred in a particular institution and may identify—

(i) the institution where the abuse took place, and

(ii) the person or, as the case may be, each person who committed the abuse but only if he or she has been convicted of an offence in respect of abuse,”,

and

(ii) by substituting the following paragraph for paragraph ( b):

“( b) may contain findings in relation to the management, administration, operation, supervision and regulation, direct or indirect, of an institution referred to in paragraph ( a),”,

and

( b) by substituting the following subsection for subsection (4):

“(4) In preparing its report, the Commission shall, in so far as any part of the report is based on evidence recorded by the Confidential Committee, have regard to the fact that that evidence received by that Committee could not be tested or challenged by any person and (if it be the case) was not corroborated.”.