how det limited contributors to the inquiry

8/18/2019 How DET Limited Contributors to the Inquiry

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The Hon James Merlino uPDeputy PrernierMinistertor Edmatisn

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Jutie PhitliPsDisabilitY Advocate

P0 Box 41.2ralitieta vlc 3078empi12iPhilliqs@va hoo.qpm'au

Dear Ms PhilliPs

Bendigo Special Development School

Thank you for your letter dated 6 December 2015 reBarding the investigationat Bendigo special

Development School (Bendigo SDS)'

I was concerned to receive your letter and appreciate that ttre issuesyou have.rait"g t1: of critical

il;;r;;;;; ** ,rilnr,"*igation participants, including Bendigo SDS staff and tlose il thebroader

Bendigo SDS community.l was particularly csncerned to read that aperson may be being victimised

aE a result of their participation in the investigation'

Bruce Armstrong, Acting DeputY secretary, Regional Services 6roup' has oversight of thisinvestigation on behalf oflhe nepartrnent. On that baEis, I have referred

your letter to Mr Armstrong

,o **t-unquiries can be made regarding the concerns outlined inyour letter'

Mr Arrnstrong will shortly respond to your letter to address the issuesyou have raised"

lf you would like further information regarding this matter,please contact Mr Armstrong on 9637

27 L9 ar by ernail at arm$rone-bruce,s@ edum a i l'Bov'a u'

Youi;s sincerelY

1 Treasury PlaceMethourne Victoria 3S02

Telephone; +613 9651 1222

r-"\ T 1' \'**-{ 1* "L*-"-( ""-*J \ ") 1 $,t"t-. t {The Hon James Merlina MPDeputy PremierMinister for Education

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ilepartment ofilducatian & TiainingRegional Sgrl",ices Grouf 2 Treasr"iry piace

East M*ibrurne Vicirria 3SSTelephone: 03 $S37 A00C

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Julie PhillipsDisability AdvocatePO Box 412FAIRFIELD VIC 3078

Dear Ms Phillips

Bendigo SpecialDevelopmental.school

_lnvestigation

Thank you for your correspondence dated 24 May 2015, 5 June 2015 and 2 July 2015 to the Ministerfor Education, the Hon James Merlino MP, regarding Bendigo special Developmental scSool. I amaware that Minister Merlino has written to you previousry regarding this matter.Thank you also for\7our email to me dated 6 september 20L5 regarding the allegations raised inrelation to Bendiqo Special Developmental School.The investigation

As foreshadowed in the letter from Minister Merlino, the Department will investigate these matters.The objectives of the investigation are:

o to determine whether there is a present risk of danger to students attending the school; andr to identify whether the school's operations and organisational culture creates a risk ofinappropriate treatment of students attending Bendigo Special Developmental School.

I assure you that this investigation is genuine. I agree with you that the investigation will be muchmore successful if the parties involved work collaborativeiy together and the Department looksforward to collaborating with the community on these issues.Appointment of investigator

Thank you for your suggestion that Ms Karen Toohey would be an appropriate person to undertakethis investigation. I agree that Ms Toohey is both highly qualified and well respected.Hbwever, the Department ha atready engaged an independent investigations consultancy JBSA {o.1ondu1 an independent investigation intJ the operations and organisational culture at Bendigo

colleen Johnson is a Licensdd lnvestigator appointed by JBSA to undertake this investigation. ln myview' JBSA have the required skills and qualifications and the necessary independence to have.theconfidence of the community.

Scope of the investigation

JBSA will investigate allegations made to the Department by you and a number of other peopleabout inappropriate treatment of students with disabilities and practices employed by the school to

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your details will be dealt with in accord.nce w ilhttle

PubticReccrds Acr 1g73 an(i the ptila.y aed Doto ptate.tbn a.'ffro. ,nor,o ,o., n"ru "n,ueries cr wish to gEin access to your perscnal intormation he,d by this depatmerrt plea5e coirtact our privacy officer at rhe above :ddmss. ffiWffiE^

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manage student behaviour' JBSA will also investigate allegations that there were structures at theschool' one since demolished and the other now used as an equipment storage facility, that wereused to contain and seclude students.

lnvestigation witnesses'ln the course of her investigation, JBSA will be talking with a range of witnesses who may be able toprovide information. The investigation is expected to take approxirnatery six weeks.I acknowledge that you are aware of people that may be able to assist JBSA in their investigation. TheDepartment will inform JBSA of this. You will also have the opportunity to provide any informationyou think is relevant {including the names and details of otheiparties} to JBSA as they conduct theirinvestigation.

I 6m inviting you to participate in the investigation by meeting with IBSA at a mutually convenienttime' I have provided JBSA with your email address. They witt ue contacting you in the next few daysto make arrangements to meet with you. Alternativeiy, you can contact colleen on 04g1 060 025.ln order to ensure the integrity of the investigation, we request that you keep your discussions withthe investigator confidential until the matter is concluded.lf you have any questions or concerns about this investigation, please feel free to contact chrisThompson, Acting Deputy Regional Director, North-western

"victo.ria Region,g4gg g4gg or at

The Departnrent tt committed to providing safe and inclusive learning environments for victorianstudents' we welcome complaints as part of our commitment to continuous improvement in thedelivery of education services and better outcomes for students. I trust that the Department.swillingness to invest in this independent investigation de monstrates its commitment to transparencyand its determination to protect the students in its cdre.

Thank you for your anticipated participation in this important investigation.Yours sincerely

@**l-"/Bruce ArmstrongllActing Deputy SeYretaryRegional. Services Group

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Depariment ofEducation & TrainingOffice of the Secretary

North-Western Victoria Region

2 TreasurY PlaceEast Melbourne Victoria 3002

Telephone: +613 9637 2000DX210083

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o"rfllThank you for your email of 11 September 2015 addressed to Monique Dawson' Deputy Secretary'people Executive services Group, regarding the investigation into Bendigo

special Development

school (Bendigo sDS). As I am the Departmental contact for thisinvestigation' the Deputy secretary

has asked me to rePlY on her behalf'

As you may be aware, the Department has engaged an investigationsconsultancy JBSA to conduct an

indeoendent investigation into the opuru,t,i, and organisational cultureat Bendigo Special

Developmental Sihool- The objectives of the investigation are:

otodeterminewhetherthereisapresentriskofdangertostudentsattendingtheschool;and

. io identify whether the school's operations and organisational culture creates a riskof

inappropriate treatment of students attending'Bendigo SDS'

The Depar:tment is happy for parents of former students of Bendigo sDs who wish to contribute tothe investigation to Oiicuss their concerns with the independent

investigator' Please provide me with

the names and addresses of those people who would like toparticipate in the investigation' I will

thenwritetotheparticipantsnotifuingthemoftheinvestigation.lwillalsoprovidetheircontactdetails to JBSA, who will contact them directly'

lf you (or the parents of former students of Bendigo sDS whohave been in contact with you) would

likefurtherinformation,pleasecontact*ton(03)94889488orbyemail:*gfi.r.2*,s-)Y.ru.r,g-n : q: r)ffig * v r*a*xk"' lw",*)*

ncti'ng Deputy Regional Director - Service Planning

OMIA

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fnrnfrllI wonder if I can also trouble you for some information prior to our meeting.

A number of witnesses involved are waiting for some additional information about the

process before they decide whether to becomeinvolved. They are also waiting to me

to tellwhether I believe the process is going to be fair or not.

1.

2.

Can you tell me if current staff are going to be able to provide informationconfibentiatly? Unless they know that is the case and are given theoppo$unity io speak with you without the knowledge of the Principal, they willnbi Abro. How are you going to convey the answer to this question to them?

..Can you confirm whethei parents of current students are going to b9 a.ble to'provi-de information confidentially? lf they understand that the Principal orother staff will find out who they are and what they said, they may decide notto be involved.

-. ....s,

3. AsBendigo is a small cornmunity, visitors to the school who have observed

inhumane and the degrading practices also wish to know if their names cant. be kept from DET staff. This includes the region, whose staff do not have the

confidence of anyone in the area. Significant personal attacks have alreadytaken place via social media by friends of the Principal on people who havecriticised practices at Bendigo SDS. As a result, [ocals are very nervous.

4. Who with a behavioural science background is going to be making decisions. about whether the locking up and restraint of children with behavioural

problems is appropriate? Given the Sec Gill Callister has already publiclygone on recoid describing children with disabilities' behaviours as "violent andiggressive", (reflecting that she has a pejorative view of children withOisbOitities and does not understand the difference between challengingbehaviours and "bad behaviour"), it will not be seen to be sufficient for her tobe making such a decision. Apart from the obvious fact of having nobehaviour analysis qualifications whatsoever.

5. ls this an independent investigation with your organisation making findings oris your organisation simply collecting information and providing it to DET? lfyour organisation is making findings, then question 4 would apply to you.

ThanksVery muchregardsJulie \

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Jil:::*#ffi29 September 2015

Ms Julie PhillipsPO Box 412Fairfield VIC 3078

Dear Julie

Re: Your emai ol 24/9/1,5 seeking clarification of the Bendigo SpecialDeveloprnent School investigation process

Thank you for your email of 24/9/75. My responses to your queries are set outbelow.

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My task as an investigator is to clearly identify allegations relevant to theinvestigation objectives, determine whether there is sufficient evidence tosubstantiate those allegations and then assess whether the alleged conduct isconsistent with relevant legislation, regulations, policy, procedures and guidelines.

The investigation must comply with the rules of natural justice, which means thatwhere allegations are made about a particular individual, I must put thoseallegations to that individual for their response before making a conclusive findingabout the allegation.

' As a first step, all witnesses who come forward will be interviewed by me. I willprepare a detailed written witness statement for each witness to review and sign

' (if they agree with the contents) or make amendments if required.

Witnesses will have. the option to either put their name to a statement or remainanonymous. Those who wish to remain anonymous do not have to list their nameor contact details in the written statement or put their signature to the document.Allegations made by anonymous witnesses about a particular individual will still beput to that individual for a response, but only where it is possible to do so withoutdisclosing the witness's identity.

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From: Julie.PhilliTo:

com.au>Bruce Armstrong

I o;'mitra@PaxlawYers com'au".Arm-strongSruces@edumail'vic'gov'au>;'


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From :'.Armstrong, Bruce S'' Gc: Phil Carroll Sent: Tuesd aY,24 November 2015, 9:38Subject: RE:Victimisation re Bendigo SDS investigation

Dear Julie

Thank you for your email. I take allegations of victimisation extremely seriously. I havereferred Mr

carrollls allegations to the Integrity and Assurance Division of the Department'

your email also raises concerns that confidentiality and witness anonymity has been breached' I have

*tgfrt information from Chris Thompson about this. I confirm that all investigation participants havebeei provided with the option to provide evidence to the investigators during witness interviews

in the

manner most comfortable for them. This may include providing information (or some information) to

the investigation on an anonymous basis and to have their names and details anonymised in their

witness statement and the final investigation report. I am informed that late October, at the time thedecision was made to change investigators, Mr Thompson contacted a limited number of persons

lir"tuOirg Mr Carroll) who"had alrea=dy agreed to be interviewed by JBSA, toadvise them of the

.hurg" of investigatoi and that the interviiws that had been arranged with JBSA would need to be

rescheduled. Mr Thompson only contacted these persons as a matte.r of courtesy, to ensure the least

possible inconvenien"" to th"*us a result of the ihange of investigators. Mr Thompson did notieceive any inforr4ation regarding those witnesses beyond their names and contact details, and

the fact

that they had agreed to be Interviewed by JBSA. On balance, I am satisfied that the use of this

information was appropriate in the circumstances to ensure that the investigation could continue

expeditiously despite the change of investigator.

I confirm that Mr Thompson does not know the names of any other witnesses who have agreed to

participate in the investigation since Justitia was appointed. Neither does Mr Thompson, or anyone atihe Department, have an"y kno*ledge of the evidence that has been provided to Justitia by

investigation witnesses. Only Justitia has this information'

Thank you for raising these important matters with me'

Yours faithfully

Bruce

Bruce Armstrong I Acting Deputlsecretary I Regional Services GroupDepartment of Education and TrainingLevel l, 2 Treasury Place, East Melbourne VIC 3002T:03 9637 2719

E: [email protected]

W: www.education.vic.gov.au

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From: Julie Phillips To: "ArmStrong, Bruce S" ; 'Phil Carroll'

Sent: Sunday, 29 November2015, 1 1:03Subject: Re: Victimization

Dear Bruce

Apologies for the lateness of my response, I have been interstate'

With respect, I believe the point has been missed.

Contributor3 were promised anonymity or confidentiality. This was particularlyimportant for parents with children at Bendigo SDS, and current teachersivorried aboui victimisation. While you have stated that victimisation will not betolerated, it has been tolerated for quite Some time, and continues to bepractised at the most senior levels of DET. I refer to the response by Ms

ballister to my submission to thb Federal Senate Committee on Abuse.Rather

than refute oiaddress specifically one single allegation in my submission ofover 60 pages, Ms Callister chose to attempt to embarrass and humiliate mepersonaily ind professionally in her public response to the Senate. This isvictimisation.

Contributors were promised anonymity and confidentiality. lnstead, their nameswere provided to the Region. This was even worse than if they had their namesprovided to the Head Office. They were given false information. One currentieacher who has already been victimised for the last few years in relation to theBendigo SDS abuse is now known in the region as voluntarily contributing to

this investigation. Given that Mr Thompsonis also supporting teachers at

Bendigo SDS and he has no doubt discussed the information he has receivedwith oiher regional staff, the situation is disastrous. Commitments that weremade have been brpken, putting people at risk.

You say that you are satisfied that "the use of this information was appropriatein the circumstances fo ensure that the investigation could continueexpeditiously despite the change of investigator." There is no sound basis for

,this comment, with' respect.

Firstly, there was no reason at all that tfre f revious investigator could not have

:contacted each of theindividuals, (whose names she already held and

appointment times she already knew) to cancel those appointments. There wasRo reason she could not have provided these names directly to the newinvestigators. lnstead, witliout permission and without warning, these nameswere given to the DET Regional Office. ,,Secondly, it is not so much the "use" of the information. The Bendigo RegionalOffice should never have been given this information in the first place. This wasthe promise made to contributors who asked for anonymity and confidentiality.This is an office that already had most of the information about Bendigo SDSand had done nothing in response. An office where the current RegionalDirector has already cleared Bendigo SDS of using pr$sure points simply by


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Julie PhilliPsDisability Advocate

6 Decem,ber 2015

The Hon James MerlinoDeputy PremierMinister for EducationParliament HouseSpring Street'Melbourne VIC 3000E iii ai l; igme-s. nLerl i n o @ p a rl i a m e nt. vi c,g ov, a u

Dear Minister Merlino

Thank you for your letter dated 30 Novemb er 2015 regarding the investigation into Bendigo

SDS, and the changes to DET behaviour guidelines'

Bendioo SDS lnvestiqation

I was expecting the investigation to be less than genuine *f'"n f had to raise the issuenumerous times before any-action was taken Oes[ite the seriousness of the allegations'

However not even I could irave predicted how corrupt the investigation would be'

Serving DET staff and parents attempting to find the courage, (given the history of

victimisation of parents and staff by the drincipal at Bendigo-SDS and the Regional Office)'

to contribute to the investigation *ere given assurahces b, DET at the highest level that theycould contribute anonymously or confidentially. I repeated these assurances'

You can only imagine the shock and betrayal when lhose who had volunteered to contribute

found that their names have been given to Mr ChrisThompson from the Regional Office- the

very office implicated in the cover-up of the cages and abuse at Bendigo SDS' andthe

."victimisation of DET staff.

The names.did not have to be given to anyone at DET. They could have been passed on

direoly to'Justitia. Oi tn" pr.uLus investigators could have. advised those contributing that

tnliiilirirl*"i",nort to go to DET negi;nat office, in order that they could withdraw theirpartioipation. But no, withoft their permis-sion, current staff and parents lost their. promised

foniiOlntirtity and.anonymity. One teacher has already constructively lost her job and it

remains to be Seen wnai witlhappen to others.One thing is certain. Given the serious

"orruptionof tf'u proi"ss and etfricat breach, those Bendigo SDS teachers thinking of giving

truthful evidence to the investigation will be unlikely to do so given this issue has been

djscussed in the community. lt,is clear there is no confidentiality.

' This, coupled with Mr Thompson's visit to a staff meeting advising staff that if anyone wasfoqnd to have mistreated students then it will be they who will be disciplined, rather than the

. Principal, sealed the fate of the investigation. lt now has little credibility'

PO Box 412, Fairfield VIC 3078Ph/Fax: 9481-0999 Email: email2jphillips@yahoo com'au

Mobile: 0417 570197 ABN: 85 403 892 03S:

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I can only conclude that the provision of witnesses' names to DETRegional Office' to the

exact same senior staff member supportin;;;ilig" aDP :tltf, was a measuredesigned to

frighten those who h;d ";i i;t maO'e'uptnEirminiabout giving evidence' and to stop any

currentstaff giving truthful evidence. Seeing one staff meirb"if'"" their confidentiality lost

and then lose their job shortly after sends ,"*"rr"gu in no uncertain terms of what willhappen if you speak up and speak honestly'

I think we have all heard numerous times in the last six monthsthe mantra "DET does not

tolerate victimisation". lt not only tolerates victimisation, but excelsin. it llgt-Tf.us on the

receiving end can see that absolutely nothing has changed atDET since the prevlous

il;;;i;ril 1.1" pr*ious Secretary.-The coiuption continues at all levels'

Ttre only reason people are persevering with the investigation, the fewthat are' iS in order

that there is more information to provide to the ombudsman andIBAC when the

investigation is over, and as we expect, u*ty f iltL happens in the way of findingsagainst the

Principaland Region

New Behaviour Guidelines

The new behaviour guidelines leave children with disabilities in somerespects' worse than

they were before.'

Teachers who cantt even teach literacy(http://www.ttreheralJ.com.au/story t2798O88taustralian-teaching-students-cant-spell/)

are

now expecteo to perfoim behaviour analytical work through FunctionalBehaviour

Assessments.

Prior to the guidelines, even though widespread, DET's formalposition was that seclusion

was prohibited. lf tnii ,tration *i, not bad enough, now seclusion is allowed' without any

;il;.;; ;a to what sort of room and conditions it takes place.The VEOHRC recommended that the office of Professional Practice

regulate restrictive

practices through .f1rng,at to the eaur.r.,tiii ind Training Reform Act' This hasnot been

done. There are no new regulations. whe"n'*, t;; "; i guidetines providethat restraint and

secluslbn of sfudenfs may ontyOe usea as an immediati and last resortto protect a person's

- safetf',these were always the guidelin"tj"*."pt that seclusion was not endorsedformally

;;';ii;;l ir;;;). ffiJil;.il]rprr"ti.t Leader has no power over DEr staff.tattach an initial report on the new guidelines completed for the

senate lnquiry into the

Abuse of. People with DisabilitiEs'

vEoHRC made recommendations on restrictive practices.after much consideration'They

were welcomed by parents and advocat"t. tt it a shame they were ignored' particularlyoiven the recent Report covering anuse in schools from the Senate Community

Affairs

Heferences Committee' :'

. Ygqr,t sincerdlYl,r';'' j ;' /i.l.,ir.i0..'

,'Julie Phillipsrli;

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how det limited contributors to the inquiry

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