Dawn Rowan
Encyclopedia
Dawn Rowan is a therapist who specialises in counselling adult survivors of childhood ritual, satanic, emotional
, sexual
and physical abuse
. She has been the subject of one of the longest legal battles
with the Federal Government of Australia
in modern times.
ceased funding the Christies Beach
Women's Shelter
, where Rowan was manager, due, it said, to 'unsubstantiated allegations' of misappropriation of funds, sexual misconduct, intimidation, physical harassment and unprofessional conduct - which were released in a report by the Health Minister
, Dr John Cornwall
, to the South Australian Parliament under parliamentary privilege
. Rowan sued the Federal and South Australian governments and also two television networks. She also defended herself in a five-month court case in the Supreme Court of South Australia
in 2001 - and won. On 21 June 2001, in a 300-page legal judgment, Justice Debelle ruled that all these allegations were 'false and a shocking defamation', motivated by malice
. Rowan was awarded damages of A$340,000, which - with interest - totals $585,000.
Justice Debelle also noted: 'One curious feature of this litigation is the fact that files kept by the relevant departments, have, to a large extent, been lost or destroyed. Some files were destroyed or lost after this action had commenced. There were four State Government departments and one Commonwealth Government department involved in this matter... It is possible to understand that files from one department might have been inadvertently lost or destroyed. Coincidence cannot explain why files from five departments cannot be located...'
In this and subsequent court hearings (all the parties appealed) Rowan, who had no legal training, mostly represented herself against four legal teams - including QC
s, senior and junior barrister
s, briefing solicitor
s and other supporting legal staff.
According to Rowan the case set legal precedents in the Westminster System
in that citizens can now challenge parliamentary privilege
via the 'tort
of misfeasance' - abuse of public office.
An appeal in 2004 upheld the finding in Rowan's favour. A 2006 appeal in the Supreme Court of South Australia
struck out one of Justice Debelle's findings (malice) and released the Commonwealth from liability. It ordered Rowan to pay the Commonwealth's costs, heavily discounted to $380,000 (the then-current value of her home). This judgment follows the rule on costs, which means the unsuccessful party (Rowan in this appeal) must pay the costs of all others joined in the action.
Rowan then made a submission to the Supreme Court claiming a 'perception of bias' on the part of at least two of the three appeal judges, which was not disclosed at any time in the trial. This was dismissed by the three appeal judges.
The Australia
n federal government then pursued Rowan in the Federal Court, declaring her bankrupt on 24 August 2007. Since then, she and her supporters have been urging the federal government to waive the debt she owes to the Commonwealth, because at all the hearings her innocence has been affirmed. Australia's Minister for Families, Housing, Community Services and Indigenous Affairs
, Jenny Macklin
, recommended an Act of Grace Waiver in May 2008. Over a year later (September 2009) the Minister for Finance, Lindsay Tanner
, annulled Dawn Rowan's bankruptcy but is yet to make a decision on waiving her debt to the Commonwealth.
Psychological abuse
Psychological abuse, also referred to as emotional abuse or mental abuse, is a form of abuse characterized by a person subjecting or exposing another to behavior that may result in psychological trauma, including anxiety, chronic depression, or post-traumatic stress disorder...
, sexual
Sexual abuse
Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
and physical abuse
Physical abuse
Physical abuse is abuse involving contact intended to cause feelings of intimidation, injury, or other physical suffering or bodily harm.-Forms of physical abuse:*Striking*Punching*Belting*Pushing, pulling*Slapping*Whipping*Striking with an object...
. She has been the subject of one of the longest legal battles
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
with the Federal Government of Australia
Government of Australia
The Commonwealth of Australia is a federal constitutional monarchy under a parliamentary democracy. The Commonwealth of Australia was formed in 1901 as a result of an agreement among six self-governing British colonies, which became the six states...
in modern times.
Legal case
In 1987 the Government of South AustraliaGovernment of South Australia
The form of the Government of South Australia is prescribed in its constitution, which dates from 1856, although it has been amended many times since then...
ceased funding the Christies Beach
Christies Beach, South Australia
Christies Beach is a seaside suburb in the southern Adelaide metropolitan area, within the City of Onkaparinga. The area is scenic and hence popular with photographers as Witton Bluff provides a natural vantage point over the entire suburb and beyond....
Women's Shelter
Women's shelter
A women's shelter is a place of temporary refuge and support for women escaping violent or abusive situations, such as rape, and domestic violence....
, where Rowan was manager, due, it said, to 'unsubstantiated allegations' of misappropriation of funds, sexual misconduct, intimidation, physical harassment and unprofessional conduct - which were released in a report by the Health Minister
Health minister
A health minister is the member of a country's government typically responsible for protecting and promoting public health and providing welfare and other social security services....
, Dr John Cornwall
John Cornwall (South Australian politician)
John Robert Cornwall was a Labor member of the South Australian Legislative Council for 14 years, from 1975 to 1988. He was a senior member of the front bench for most of his political career....
, to the South Australian Parliament under parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
. Rowan sued the Federal and South Australian governments and also two television networks. She also defended herself in a five-month court case in the Supreme Court of South Australia
Supreme Court of South Australia
The Supreme Court of South Australia is the superior court for the Australian State of South Australia. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Supreme Court is the highest South Australian court in the Australian court...
in 2001 - and won. On 21 June 2001, in a 300-page legal judgment, Justice Debelle ruled that all these allegations were 'false and a shocking defamation', motivated by malice
Malice (legal term)
Malice is a legal term referring to a party's intention to do injury to another party. Malice is either expressed or implied. Malice is expressed when there is manifested a deliberate intention unlawfully to take away the life of a human being...
. Rowan was awarded damages of A$340,000, which - with interest - totals $585,000.
Justice Debelle also noted: 'One curious feature of this litigation is the fact that files kept by the relevant departments, have, to a large extent, been lost or destroyed. Some files were destroyed or lost after this action had commenced. There were four State Government departments and one Commonwealth Government department involved in this matter... It is possible to understand that files from one department might have been inadvertently lost or destroyed. Coincidence cannot explain why files from five departments cannot be located...'
In this and subsequent court hearings (all the parties appealed) Rowan, who had no legal training, mostly represented herself against four legal teams - including QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
s, senior and junior barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s, briefing solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s and other supporting legal staff.
According to Rowan the case set legal precedents in the Westminster System
Westminster System
The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....
in that citizens can now challenge parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
via the 'tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
of misfeasance' - abuse of public office.
An appeal in 2004 upheld the finding in Rowan's favour. A 2006 appeal in the Supreme Court of South Australia
Supreme Court of South Australia
The Supreme Court of South Australia is the superior court for the Australian State of South Australia. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Supreme Court is the highest South Australian court in the Australian court...
struck out one of Justice Debelle's findings (malice) and released the Commonwealth from liability. It ordered Rowan to pay the Commonwealth's costs, heavily discounted to $380,000 (the then-current value of her home). This judgment follows the rule on costs, which means the unsuccessful party (Rowan in this appeal) must pay the costs of all others joined in the action.
Rowan then made a submission to the Supreme Court claiming a 'perception of bias' on the part of at least two of the three appeal judges, which was not disclosed at any time in the trial. This was dismissed by the three appeal judges.
The Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n federal government then pursued Rowan in the Federal Court, declaring her bankrupt on 24 August 2007. Since then, she and her supporters have been urging the federal government to waive the debt she owes to the Commonwealth, because at all the hearings her innocence has been affirmed. Australia's Minister for Families, Housing, Community Services and Indigenous Affairs
Minister for Families, Housing, Community Services and Indigenous Affairs (Australia)
The Australian Minister for Family, Housing, Community Services and Indigenous Affairs has been Jenny Macklin since December 2007.-Portfolio:...
, Jenny Macklin
Jenny Macklin
Jennifer Louise Macklin , is an Australian politician. She is Minister for Families, Housing, Community Services and Indigenous Affairs in the Gillard Ministry...
, recommended an Act of Grace Waiver in May 2008. Over a year later (September 2009) the Minister for Finance, Lindsay Tanner
Lindsay Tanner
Lindsay James Tanner is a former Australian member of the House of Representatives representing the Division of Melbourne, Victoria, for the Australian Labor Party, having first won the seat at the 1993 federal election. He was a member of the Australian Government from 3 December 2007, serving as...
, annulled Dawn Rowan's bankruptcy but is yet to make a decision on waiving her debt to the Commonwealth.
Articles by Rowan
- Breaking Through: Women, Work and Careers Ed. Jocelynne A. Scutt (Rowan wrote Chapter 15 'Beware, Oh Take Care') (North Melbourne: Artemis Publishing, 1992; ISBN 1-875658-00-9)