As the royal commission focused on historical matters, Ms Hickey explained that much of the legal work involved finding and considering evidence from five to fifty years ago, trying to gain a picture of what happened at the relevant time, interviewing witnesses to help put context around the material and drafting statements, submissions or reports.

“Gathering material for the inquiry was challenging. Locating historical evidence was not an easy or quick task”, Ms Hickey said matter-of-factly. “In some cases, we had to trawl through old floppy disks to collate evidence as most of the information was not stored digitally. In others, the witness we needed to interview had passed away or was unable to be located.”

Lawyers were also faced with a different set of rules and processes while working on the royal commission than those they were accustomed to.

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“Most lawyers were used to rules in relation to civil procedure and evidence that state and federal courts applied”, Ms Hickey noted. “These rules did not apply to the royal commission. Instead, the royal commission had terms of reference (in other words, the inquiry’s scope and issues the royal commission was required to consider). Similarly, the manner in which royal commissions are conducted is very different to normal litigation.”

Ms Hickey tells Lawyers Weekly that obtaining an extension for not having your evidence together is out of the question on a royal commission too. “The allowance of weeks or months to provide material and the like are out the door because you are under strict, non-negotiable deadlines set by the government”, Ms Hickey said.

Her learnings

The most valuable part of working on the royal commission was that it brought Ms Hickey a different set of skills that she would not have obtained in traditional practice.

“I have become a trauma-informed practitioner, having undertaken training in interacting with individuals who have suffered trauma in their lives. That has supported my work as a lawyer and mediator”, Ms Hickey said. “I also have a deep passion for restorative practice. I have been involved in a large number of mediations which involve a form of restorative justice where survivors of abuse have sought to engage with the institution where the abuse occurred.  This has been a really rewarding part of my work.”

Ms Hickey also learnt how to deal with perpetrators of abuse through her involvement in the royal commission.

“It is imperative that you remain professional, focus on the relevant evidence, compartmentalise any personal feelings that you may have and remain engaged in enquiring about the facts and gaining an understanding about the events relevant to the allegation”, Ms Hickey said. “Practitioners who allow their emotions to take over do not assist survivors.”

Interestingly though, Ms Hickey said that her dispirited feelings towards those who responded to the royal commission were not limited to religious organisations.

“There are a large number of institutions who let down the people in their care, and their responses to the abuse occurring in their institutions were appalling”, Ms Hickey said. “Those institutions and individuals were trusted by children and their families, and they were let down in the most horrific ways. I am despondent that so many institutions held themselves out to be places of safety and moral propriety but, in reality, fell very far short.”

When asked whether the royal commission got justice for victims, Ms Hickey paused and said that this is an incredibly personal and individual question that can only be answered by victims and survivors.

“I suspect that survivors who told their story and felt heard and believed would have greatly benefited from the royal commission”, Ms Hickey elucidated. “However, I am not sure that brings a sense of justice for them.”

Was the experience worth it?

Ms Hickey highly recommends working on a royal commission to any lawyer who is afforded the opportunity.

“I learnt a lot about reviewing evidence and working in a large team on similar evidence to distil what is relevant and bring together the whole picture in a cohesive and informative way”, said Ms Hickey.

“Teamwork is a vital ingredient to working on a royal commission. Working with such an array of counsel and senior and junior lawyers in a fast-paced and information-rich environment is extremely rewarding and a wonderful way to learn.”

Stefanie Costi is a junior lawyer and director of Costi Copywriting.