A parliamentary question addresses the Department of Education and Training's handling of sexual misconduct allegations against teachers, specifically regarding notifications to the Australian Federal Police and delays in disciplinary actions.

AnsweredQoN 903Legislative Council
Asked
19 October 2006
Portfolio
Education and Training

QuestionView source ↗

DEPARTMENT OF EDUCATION AND TRAINING - CORRUPTION AND CRIME COMMISSION INVESTIGATION
On behalf of Hon Peter Collier, I refer the minister to the Corruption and Crime Commission report of 16 October 2006 entitled “Sexual Contact with Children in the Department of Education and Training in Western Australia”. (1) With regard to case study 2, will the minister confirm that the Department of Education and Training notified the Australian Federal Police about the allegations made against teacher B? (2) If yes to (1), will the minister table the documents DET provided to the AFP about teacher B; and, if not, why not? (3) With regard to case study 3, will the minister explain why, given that it has been more than six years since the Department of Education and Training became aware of the first set of charges against teacher C, the department has taken no substantive action? Hon LJILJANNA RAVLICH

AnswerView source ↗

I thank the member for some notice of this question. (1) There are several file notes on the DET’s disciplinary file indicating that within a week of becoming aware of the allegation, the file manager discussed this matter with Officer Wayne McKenzie of the Australian Federal Police on the advice of Detective Sergeant Simon Hubbard of the Western Australia Police child abuse unit. These file notes refer to the fact that the specific details of the issue were discussed with Officer McKenzie and that Officer McKenzie conveyed information regarding the internal process for addressing this matter with the Australian Federal Police. One file note records Officer McKenzie expressing concerns about whether the matter should be addressed by the Australian Federal Police because the incident occurred in international air space. A further file note indicates that the file manager faxed written information related to this matter to the Australian Federal Police on 10 September 2004. Unfortunately, there is no facsimile receipt on the file to this effect. The Western Australia Police also notified the AFP about this matter. The operations manager for the child protection squad confirmed that this was the case on 19 July 2006. More recently this was also confirmed by Detective Senior Sergeant Hubbard, the Western Australia police officer responsible for making contact with the Australian Federal Police. (2) Yes, this will be arranged. (3) I am advised by the department that teacher C has not been permitted to teach since February 2000. Indeed, he has not been able to teach since the day after the department was notified of the first alleged offence. The delay in progressing three disciplinary matters in relation to the teacher in case study 3 have been due to factors largely outside the control of the department. Teacher C was the subject of two criminal trials between January 2000 and October 2005. This meant that the department needed to suspend the disciplinary process so as not to prejudice court proceedings. He was acquitted on both counts. The third matter was discovered by the department in the course of investigating one of the earlier matters. The complainant has not cooperated with the police, but is willing to assist the department in the disciplinary process. The department has been delayed since the court cases were finalised by reason of teacher C’s attempted suicide in September 2004. Since then a psychiatrist has certified teacher C medically unfit to participate in the disciplinary proceedings. To proceed with the three disciplinary matters in the face of such medical advice would almost certainly render the disciplinary process unlawful. The department does not want to finalise a disciplinary process if the content of that process and the decision made is invalidated.
(1) With regard to case study 2, will the minister confirm that the Department of Education and Training notified the Australian Federal Police about the allegations made against teacher B? (2) If yes to (1), will the minister table the documents DET provided to the AFP about teacher B; and, if not, why not? (3) With regard to case study 3, will the minister explain why, given that it has been more than six years since the Department of Education and Training became aware of the first set of charges against teacher C, the department has taken no substantive action? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) There are several file notes on the DET’s disciplinary file indicating that within a week of becoming aware of the allegation, the file manager discussed this matter with Officer Wayne McKenzie of the Australian Federal Police on the advice of Detective Sergeant Simon Hubbard of the Western Australia Police child abuse unit. These file notes refer to the fact that the specific details of the issue were discussed with Officer McKenzie and that Officer McKenzie conveyed information regarding the internal process for addressing this matter with the Australian Federal Police. One file note records Officer McKenzie expressing concerns about whether the matter should be addressed by the Australian Federal Police because the incident occurred in international air space. A further file note indicates that the file manager faxed written information related to this matter to the Australian Federal Police on 10 September 2004. Unfortunately, there is no facsimile receipt on the file to this effect. The Western Australia Police also notified the AFP about this matter. The operations manager for the child protection squad confirmed that this was the case on 19 July 2006. More recently this was also confirmed by Detective Senior Sergeant Hubbard, the Western Australia police officer responsible for making contact with the Australian Federal Police. (2) Yes, this will be arranged. (3) I am advised by the department that teacher C has not been permitted to teach since February 2000. Indeed, he has not been able to teach since the day after the department was notified of the first alleged offence. The delay in progressing three disciplinary matters in relation to the teacher in case study 3 have been due to factors largely outside the control of the department. Teacher C was the subject of two criminal trials between January 2000 and October 2005. This meant that the department needed to suspend the disciplinary process so as not to prejudice court proceedings. He was acquitted on both counts. The third matter was discovered by the department in the course of investigating one of the earlier matters. The complainant has not cooperated with the police, but is willing to assist the department in the disciplinary process. The department has been delayed since the court cases were finalised by reason of teacher C’s attempted suicide in September 2004. Since then a psychiatrist has certified teacher C medically unfit to participate in the disciplinary proceedings. To proceed with the three disciplinary matters in the face of such medical advice would almost certainly render the disciplinary process unlawful. The department does not want to finalise a disciplinary process if the content of that process and the decision made is invalidated.
(2) If yes to (1), will the minister table the documents DET provided to the AFP about teacher B; and, if not, why not? (3) With regard to case study 3, will the minister explain why, given that it has been more than six years since the Department of Education and Training became aware of the first set of charges against teacher C, the department has taken no substantive action? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) There are several file notes on the DET’s disciplinary file indicating that within a week of becoming aware of the allegation, the file manager discussed this matter with Officer Wayne McKenzie of the Australian Federal Police on the advice of Detective Sergeant Simon Hubbard of the Western Australia Police child abuse unit. These file notes refer to the fact that the specific details of the issue were discussed with Officer McKenzie and that Officer McKenzie conveyed information regarding the internal process for addressing this matter with the Australian Federal Police. One file note records Officer McKenzie expressing concerns about whether the matter should be addressed by the Australian Federal Police because the incident occurred in international air space. A further file note indicates that the file manager faxed written information related to this matter to the Australian Federal Police on 10 September 2004. Unfortunately, there is no facsimile receipt on the file to this effect. The Western Australia Police also notified the AFP about this matter. The operations manager for the child protection squad confirmed that this was the case on 19 July 2006. More recently this was also confirmed by Detective Senior Sergeant Hubbard, the Western Australia police officer responsible for making contact with the Australian Federal Police. (2) Yes, this will be arranged. (3) I am advised by the department that teacher C has not been permitted to teach since February 2000. Indeed, he has not been able to teach since the day after the department was notified of the first alleged offence. The delay in progressing three disciplinary matters in relation to the teacher in case study 3 have been due to factors largely outside the control of the department. Teacher C was the subject of two criminal trials between January 2000 and October 2005. This meant that the department needed to suspend the disciplinary process so as not to prejudice court proceedings. He was acquitted on both counts. The third matter was discovered by the department in the course of investigating one of the earlier matters. The complainant has not cooperated with the police, but is willing to assist the department in the disciplinary process. The department has been delayed since the court cases were finalised by reason of teacher C’s attempted suicide in September 2004. Since then a psychiatrist has certified teacher C medically unfit to participate in the disciplinary proceedings. To proceed with the three disciplinary matters in the face of such medical advice would almost certainly render the disciplinary process unlawful. The department does not want to finalise a disciplinary process if the content of that process and the decision made is invalidated.
(3) With regard to case study 3, will the minister explain why, given that it has been more than six years since the Department of Education and Training became aware of the first set of charges against teacher C, the department has taken no substantive action? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) There are several file notes on the DET’s disciplinary file indicating that within a week of becoming aware of the allegation, the file manager discussed this matter with Officer Wayne McKenzie of the Australian Federal Police on the advice of Detective Sergeant Simon Hubbard of the Western Australia Police child abuse unit. These file notes refer to the fact that the specific details of the issue were discussed with Officer McKenzie and that Officer McKenzie conveyed information regarding the internal process for addressing this matter with the Australian Federal Police. One file note records Officer McKenzie expressing concerns about whether the matter should be addressed by the Australian Federal Police because the incident occurred in international air space. A further file note indicates that the file manager faxed written information related to this matter to the Australian Federal Police on 10 September 2004. Unfortunately, there is no facsimile receipt on the file to this effect. The Western Australia Police also notified the AFP about this matter. The operations manager for the child protection squad confirmed that this was the case on 19 July 2006. More recently this was also confirmed by Detective Senior Sergeant Hubbard, the Western Australia police officer responsible for making contact with the Australian Federal Police. (2) Yes, this will be arranged. (3) I am advised by the department that teacher C has not been permitted to teach since February 2000. Indeed, he has not been able to teach since the day after the department was notified of the first alleged offence. The delay in progressing three disciplinary matters in relation to the teacher in case study 3 have been due to factors largely outside the control of the department. Teacher C was the subject of two criminal trials between January 2000 and October 2005. This meant that the department needed to suspend the disciplinary process so as not to prejudice court proceedings. He was acquitted on both counts. The third matter was discovered by the department in the course of investigating one of the earlier matters. The complainant has not cooperated with the police, but is willing to assist the department in the disciplinary process. The department has been delayed since the court cases were finalised by reason of teacher C’s attempted suicide in September 2004. Since then a psychiatrist has certified teacher C medically unfit to participate in the disciplinary proceedings. To proceed with the three disciplinary matters in the face of such medical advice would almost certainly render the disciplinary process unlawful. The department does not want to finalise a disciplinary process if the content of that process and the decision made is invalidated.
Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) There are several file notes on the DET’s disciplinary file indicating that within a week of becoming aware of the allegation, the file manager discussed this matter with Officer Wayne McKenzie of the Australian Federal Police on the advice of Detective Sergeant Simon Hubbard of the Western Australia Police child abuse unit. These file notes refer to the fact that the specific details of the issue were discussed with Officer McKenzie and that Officer McKenzie conveyed information regarding the internal process for addressing this matter with the Australian Federal Police. One file note records Officer McKenzie expressing concerns about whether the matter should be addressed by the Australian Federal Police because the incident occurred in international air space. A further file note indicates that the file manager faxed written information related to this matter to the Australian Federal Police on 10 September 2004. Unfortunately, there is no facsimile receipt on the file to this effect. The Western Australia Police also notified the AFP about this matter. The operations manager for the child protection squad confirmed that this was the case on 19 July 2006. More recently this was also confirmed by Detective Senior Sergeant Hubbard, the Western Australia police officer responsible for making contact with the Australian Federal Police. (2) Yes, this will be arranged. (3) I am advised by the department that teacher C has not been permitted to teach since February 2000. Indeed, he has not been able to teach since the day after the department was notified of the first alleged offence. The delay in progressing three disciplinary matters in relation to the teacher in case study 3 have been due to factors largely outside the control of the department. Teacher C was the subject of two criminal trials between January 2000 and October 2005. This meant that the department needed to suspend the disciplinary process so as not to prejudice court proceedings. He was acquitted on both counts. The third matter was discovered by the department in the course of investigating one of the earlier matters. The complainant has not cooperated with the police, but is willing to assist the department in the disciplinary process. The department has been delayed since the court cases were finalised by reason of teacher C’s attempted suicide in September 2004. Since then a psychiatrist has certified teacher C medically unfit to participate in the disciplinary proceedings. To proceed with the three disciplinary matters in the face of such medical advice would almost certainly render the disciplinary process unlawful. The department does not want to finalise a disciplinary process if the content of that process and the decision made is invalidated.
I thank the member for some notice of this question. (1) There are several file notes on the DET’s disciplinary file indicating that within a week of becoming aware of the allegation, the file manager discussed this matter with Officer Wayne McKenzie of the Australian Federal Police on the advice of Detective Sergeant Simon Hubbard of the Western Australia Police child abuse unit. These file notes refer to the fact that the specific details of the issue were discussed with Officer McKenzie and that Officer McKenzie conveyed information regarding the internal process for addressing this matter with the Australian Federal Police. One file note records Officer McKenzie expressing concerns about whether the matter should be addressed by the Australian Federal Police because the incident occurred in international air space. A further file note indicates that the file manager faxed written information related to this matter to the Australian Federal Police on 10 September 2004. Unfortunately, there is no facsimile receipt on the file to this effect. The Western Australia Police also notified the AFP about this matter. The operations manager for the child protection squad confirmed that this was the case on 19 July 2006. More recently this was also confirmed by Detective Senior Sergeant Hubbard, the Western Australia police officer responsible for making contact with the Australian Federal Police. (2) Yes, this will be arranged. (3) I am advised by the department that teacher C has not been permitted to teach since February 2000. Indeed, he has not been able to teach since the day after the department was notified of the first alleged offence. The delay in progressing three disciplinary matters in relation to the teacher in case study 3 have been due to factors largely outside the control of the department. Teacher C was the subject of two criminal trials between January 2000 and October 2005. This meant that the department needed to suspend the disciplinary process so as not to prejudice court proceedings. He was acquitted on both counts. The third matter was discovered by the department in the course of investigating one of the earlier matters. The complainant has not cooperated with the police, but is willing to assist the department in the disciplinary process. The department has been delayed since the court cases were finalised by reason of teacher C’s attempted suicide in September 2004. Since then a psychiatrist has certified teacher C medically unfit to participate in the disciplinary proceedings. To proceed with the three disciplinary matters in the face of such medical advice would almost certainly render the disciplinary process unlawful. The department does not want to finalise a disciplinary process if the content of that process and the decision made is invalidated.
(1) There are several file notes on the DET’s disciplinary file indicating that within a week of becoming aware of the allegation, the file manager discussed this matter with Officer Wayne McKenzie of the Australian Federal Police on the advice of Detective Sergeant Simon Hubbard of the Western Australia Police child abuse unit. These file notes refer to the fact that the specific details of the issue were discussed with Officer McKenzie and that Officer McKenzie conveyed information regarding the internal process for addressing this matter with the Australian Federal Police. One file note records Officer McKenzie expressing concerns about whether the matter should be addressed by the Australian Federal Police because the incident occurred in international air space. A further file note indicates that the file manager faxed written information related to this matter to the Australian Federal Police on 10 September 2004. Unfortunately, there is no facsimile receipt on the file to this effect. The Western Australia Police also notified the AFP about this matter. The operations manager for the child protection squad confirmed that this was the case on 19 July 2006. More recently this was also confirmed by Detective Senior Sergeant Hubbard, the Western Australia police officer responsible for making contact with the Australian Federal Police. (2) Yes, this will be arranged. (3) I am advised by the department that teacher C has not been permitted to teach since February 2000. Indeed, he has not been able to teach since the day after the department was notified of the first alleged offence. The delay in progressing three disciplinary matters in relation to the teacher in case study 3 have been due to factors largely outside the control of the department. Teacher C was the subject of two criminal trials between January 2000 and October 2005. This meant that the department needed to suspend the disciplinary process so as not to prejudice court proceedings. He was acquitted on both counts. The third matter was discovered by the department in the course of investigating one of the earlier matters. The complainant has not cooperated with the police, but is willing to assist the department in the disciplinary process. The department has been delayed since the court cases were finalised by reason of teacher C’s attempted suicide in September 2004. Since then a psychiatrist has certified teacher C medically unfit to participate in the disciplinary proceedings. To proceed with the three disciplinary matters in the face of such medical advice would almost certainly render the disciplinary process unlawful. The department does not want to finalise a disciplinary process if the content of that process and the decision made is invalidated.
(2) Yes, this will be arranged. (3) I am advised by the department that teacher C has not been permitted to teach since February 2000. Indeed, he has not been able to teach since the day after the department was notified of the first alleged offence. The delay in progressing three disciplinary matters in relation to the teacher in case study 3 have been due to factors largely outside the control of the department. Teacher C was the subject of two criminal trials between January 2000 and October 2005. This meant that the department needed to suspend the disciplinary process so as not to prejudice court proceedings. He was acquitted on both counts. The third matter was discovered by the department in the course of investigating one of the earlier matters. The complainant has not cooperated with the police, but is willing to assist the department in the disciplinary process. The department has been delayed since the court cases were finalised by reason of teacher C’s attempted suicide in September 2004. Since then a psychiatrist has certified teacher C medically unfit to participate in the disciplinary proceedings. To proceed with the three disciplinary matters in the face of such medical advice would almost certainly render the disciplinary process unlawful. The department does not want to finalise a disciplinary process if the content of that process and the decision made is invalidated.
(3) I am advised by the department that teacher C has not been permitted to teach since February 2000. Indeed, he has not been able to teach since the day after the department was notified of the first alleged offence. The delay in progressing three disciplinary matters in relation to the teacher in case study 3 have been due to factors largely outside the control of the department. Teacher C was the subject of two criminal trials between January 2000 and October 2005. This meant that the department needed to suspend the disciplinary process so as not to prejudice court proceedings. He was acquitted on both counts. The third matter was discovered by the department in the course of investigating one of the earlier matters. The complainant has not cooperated with the police, but is willing to assist the department in the disciplinary process. The department has been delayed since the court cases were finalised by reason of teacher C’s attempted suicide in September 2004. Since then a psychiatrist has certified teacher C medically unfit to participate in the disciplinary proceedings. To proceed with the three disciplinary matters in the face of such medical advice would almost certainly render the disciplinary process unlawful. The department does not want to finalise a disciplinary process if the content of that process and the decision made is invalidated.

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