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'''Edward Picton "Ted" Mullighan''', [[Queen's Counsel|QC]] (25 March 1939 – |
'''Edward Picton "Ted" Mullighan''', [[Queen's Counsel|QC]] (25 March 1939 – 15 September 2011) was an Australian judge who was known as an [[Indigenous Australians|Indigenous rights]] advocate and protecting vulnerable people. He was known for his role as Commissioner of the [[Government of South Australia]]' '''Children in State Care Commission of Inquiry''' from 2004 to 2008. |
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==Early life and education== |
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Mullighan was born on 25 March 1939.{{cn}} |
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==Career== |
==Career== |
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Mullighan practised law from 1962, was made [[Queen's Counsel]] in 1978<ref name="elliott">{{cite book |title=Memoirs of a Barrister |last=Elliott |first=Jack |year=2000 |publisher=Wakefield Press |location=Adelaide |isbn=1-86254-522-7}}</ref> |
Mullighan practised law from 1962, was made [[Queen's Counsel]] in 1978.<ref name="elliott">{{cite book |title=Memoirs of a Barrister |last=Elliott |first=Jack |year=2000 |publisher=Wakefield Press |location=Adelaide |isbn=1-86254-522-7}}</ref> |
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| ⚫ | In 1989 he was appointed as a Judge of the [[Supreme Court of South Australia]].<ref name=obitaus>{{cite web| url=http://www.theaustralian.com.au/news/nation/former-south-australian-supreme-court-judge-ted-mullighan-dies/story-e6frg6nf-1226139201994| title= Former South Australian Supreme Court judge Ted Mullighan dies|website=The Australian|date= 16 September 2011| archive-url=https://web.archive.org/web/20110916093901/http://www.theaustralian.com.au/news/nation/former-south-australian-supreme-court-judge-ted-mullighan-dies/story-e6frg6nf-1226139201994| archive-date=16 September 2011| first=Verity |last=Edwards }}</ref> |
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In 1989 he was appointed as a Judge of the [[Supreme Court of South Australia]].<ref name=obit/> |
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He was [[Counsel|Counsel Assisting]] in six [[Royal commission#Australia|Royal Commissions]], and also acted for the victims of the 1983 [[Ash Wednesday bushfires]] in their compensation claims.<ref name= |
He was [[Counsel|Counsel Assisting]] in six [[Royal commission#Australia|Royal Commissions]], and also acted for the victims of the 1983 [[Ash Wednesday bushfires]] in their compensation claims.<ref name=obitaus/> |
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He retired in 2004.<ref name=obitaus/> At the time of his retirement, he said:<ref name=obitadv>{{cite news| url=https://www.adelaidenow.com.au/news/south-australia/former-supreme-court-justice-ted-mullighan-dies-from-cancer/news-story/f5e5f7ca01a1819cd1012a23208f9577| work= [[The Advertiser (Adelaide)| title=Former Supreme Court Justice Ted Mullighan dies from cancer| first= Sean| last=Brewster| date=16 September 2011 | access-date=21 March 2022}}</ref>{{blockquote|I trust that the community will not always want to pursue the relentless goal of increasing punishment as a way of fixing society's current problems. I would very much like to work with offenders and help them realise the effects they have had on victims of their crimes.}} |
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He retired in 2004.<ref name=obit/> |
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==Other roles== |
==Other roles== |
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Mullighan served as president of the South Australian Law Society for two years.<ref name= |
Mullighan served as president of the South Australian Law Society for two years.<ref name=obitaus/> |
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He mentored young lawyers, and was known for promoting [[Reconciliation in Australia|Aboriginal reconciliation.<ref name= |
He mentored young lawyers, and was known for promoting [[Reconciliation in Australia|Aboriginal reconciliation.<ref name=obitaus/> |
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He was a member of the Commonwealth [[Legal Aid]] Review Committee, President of the Law Society of South Australia, and co-chair of [[Reconciliation SA]].{{cn|date=March 2022}} |
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==Commission of Inquiry== |
==Commission of Inquiry== |
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Although retired, Mullighan accepted the role of Commissioner for the Children in State Care Commission of Inquiry.<ref name= |
Although retired, Mullighan accepted the role of Commissioner for the Children in State Care Commission of Inquiry.<ref name=obitaus/> This was initiated in November 2004 under the terms of the ''Commission of Inquiry (Children in State Care) Act 2004'',<ref name=fac/> amended in 2007 by the ''Commission of Inquiry (Children in State Care and Children on APY Lands) Act 2004'',<ref name=apyamend>{{cite web | title=Commission of Inquiry (Children in State Care and Children on APY Lands) Act 2004| website=South Australian Legislation | date=22 November 2021 | url=https://www.legislation.sa.gov.au/lz?path=%2FC%2FA%2FCOMMISSION%20OF%20INQUIRY%20(CHILDREN%20IN%20STATE%20CARE%20AND%20CHILDREN%20ON%20APY%20LANDS)%20ACT%202004 | access-date=21 March 2022}} [https://www.legislation.sa.gov.au/__legislation/lz/c/a/commission%20of%20inquiry%20(children%20in%20state%20care%20and%20children%20on%20apy%20lands)%20act%202004/current/2004.33.auth.pdf Version: 26.6.2007 PDF]</ref> to include children in [[Anangu Pitjantjatjara Yankunytjatjara]] (APY lands).<ref name=obitaus/> and ordered an investigation into allegations of [[sexual abuse]] of children under [[legal guardian|state guardianship]], as well as allegations of criminal conduct resulting in the death of children in care.<ref name=fac/> Then Education Minister [[Jay Weatherill]] played a key role in establishing inquiry.<ref name=obitadv/> |
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Its final report (also known as "the Mullighan Report"), published in March 2008, found "that in the past 65 years the State has failed to protect some of the children in its care from sexual abuse", and its record-keeping of the 924 children who had died while in state care was manifestly inadequate. The report included 54 recommendations, intended to improve many aspects of children in care. These included amendments to the ''Children’s Protection Act 1993'', various improvements to the practices of [[Families SA]], the creation of a Youth Council to directly advise the Minister for Families and Communities, and many others.<ref name=fac>{{cite web|url=https://www.findandconnect.gov.au/guide/sa/SE01149| website=Find&Connect| title=Children in State Care Commission of Inquiry (2004 - 2008)| access-date= 20 March 2022 }}</ref><ref>{{cite journal|url= http://salinkup.com.au/media/pdf/National_Link_Up_News_2005.pdf| archive-url= https://web.archive.org/web/20050725045754/http://salinkup.com.au/media/pdf/National_Link_Up_News_2005.pdf| archive-date=25 July 2005|title= Commission of Inquiry into Children in State Care| journal= National Link-Up News|issue=5|date= 5 April 2005}}</ref><ref name=mulrep1>{{cite report|url= https://www.childabuseroyalcommission.gov.au/sites/default/files/WEB.0198.001.0001.pdf|title= Children In State Care Commission Of Inquiry Allegations Of Sexual Abuse And Death From Criminal Conduct: Presented To The South Australian Parliament by the Hon. E.P. Mullighan QC| first=Ted|last=Mullighan|date= 31 March 2008| publisher= [[Government of South Australia]] | access-date=21 March 2022| via=[[Royal Commission into Institutional Responses to Child Sexual Abuse]]}}</ref><ref name=mulrep2>{{cite report|url= https://www.childprotection.sa.gov.au/__data/assets/pdf_file/0011/107201/children-in-state-care-commission-of-inquiry-introducation.pdf|title= Children In State Care Commission Of Inquiry Allegations Of Sexual Abuse And Death From Criminal Conduct: Presented To The South Australian Parliament by the Hon. E.P. Mullighan QC| first=Ted|last=Mullighan|date= 31 March 2008| publisher= [[Government of South Australia]] | access-date=21 March 2022| via=Government of South Australia. Department for Child Protection]}}</ref> As a result of the report, 400 suspected abusers were reported to [[South Australia Police]].<ref name=obitaus/> |
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| ⚫ | Then Premier of South Australia, [[Mike Rann]], said later that Mullighan had "managed to gain the confidence of a section of the community who had never before been able to speak about their experiences".<ref name=obitaus/> |
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Then Premier of South Australia, [[Mike Rann]], said later that Mullighan had "managed to gain the confidence of a section of the community who had never before been able to speak about their experiences".<ref name= |
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Mullighan died on 15 September 2011 in [[Adelaide]], aged 72, after a long battle with cancer. His wife, Jan, and five sons survived him.<ref name=obitadv/><ref name=obitaus/> |
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Then Attorney-General of South Australia [[John Rau]] said that he had left an "enormous" legacy, including inspiring "countless young lawyers"'and "The community owes him a great debt for his painstaking and thorough work".<ref name=obitadv/> |
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== References == |
== References == |
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Edward Picton "Ted" Mullighan, QC (25 March 1939 – 15 September 2011) was an Australian judge who was known as an Indigenous rights advocate and protecting vulnerable people. He was known for his role as Commissioner of the Government of South Australia' Children in State Care Commission of Inquiry from 2004 to 2008.
Mullighan was born on 25 March 1939.[citation needed]
Mullighan practised law from 1962, was made Queen's Counsel in 1978.[1]
In 1989 he was appointed as a Judge of the Supreme Court of South Australia.[2]
He was Counsel Assisting in six Royal Commissions, and also acted for the victims of the 1983 Ash Wednesday bushfires in their compensation claims.[2]
He retired in 2004.[2] At the time of his retirement, he said:[3]
I trust that the community will not always want to pursue the relentless goal of increasing punishment as a way of fixing society's current problems. I would very much like to work with offenders and help them realise the effects they have had on victims of their crimes.
Mullighan served as president of the South Australian Law Society for two years.[2]
He mentored young lawyers, and was known for promoting [[Reconciliation in Australia|Aboriginal reconciliation.[2]
He was a member of the Commonwealth Legal Aid Review Committee, President of the Law Society of South Australia, and co-chair of Reconciliation SA.[citation needed]
Although retired, Mullighan accepted the role of Commissioner for the Children in State Care Commission of Inquiry.[2] This was initiated in November 2004 under the terms of the Commission of Inquiry (Children in State Care) Act 2004,[4] amended in 2007 by the Commission of Inquiry (Children in State Care and Children on APY Lands) Act 2004,[5] to include children in Anangu Pitjantjatjara Yankunytjatjara (APY lands).[2] and ordered an investigation into allegations of sexual abuse of children under state guardianship, as well as allegations of criminal conduct resulting in the death of children in care.[4] Then Education Minister Jay Weatherill played a key role in establishing inquiry.[3]
Its final report (also known as "the Mullighan Report"), published in March 2008, found "that in the past 65 years the State has failed to protect some of the children in its care from sexual abuse", and its record-keeping of the 924 children who had died while in state care was manifestly inadequate. The report included 54 recommendations, intended to improve many aspects of children in care. These included amendments to the Children’s Protection Act 1993, various improvements to the practices of Families SA, the creation of a Youth Council to directly advise the Minister for Families and Communities, and many others.[4][6][7][8] As a result of the report, 400 suspected abusers were reported to South Australia Police.[2]
Then Premier of South Australia, Mike Rann, said later that Mullighan had "managed to gain the confidence of a section of the community who had never before been able to speak about their experiences".[2]
Mullighan died on 15 September 2011 in Adelaide, aged 72, after a long battle with cancer. His wife, Jan, and five sons survived him.[3][2]
Then Attorney-General of South Australia John Rau said that he had left an "enormous" legacy, including inspiring "countless young lawyers"'and "The community owes him a great debt for his painstaking and thorough work".[3]
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