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1 Treasury Place
Methourne Victoria 3S02
Telephone; +613 9651 1222
Deputy Prernier
Ministertor Edmatisn
c0R013267
Jutie PhitliPs
DisabilitY Advocate
P0 Box 41.2
ralitieta vlc 3078
empi12iPhilliqs@va hoo.qpm'au
Dear Ms PhilliPs
Bendigo Special Development School
special
2015 reBarding the investigation at Bendigo
Thank you for your letter dated 6 December
Development School (Bendigo SDS)'
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Julie Phillips
Disability Advocate
PO Box 412
FAIRFIELD
VIC 3078
Dear Ms Phillips
Bendigo Special Developmental.school
lnvestigation
the letter from Minister Merlino, the Department will investigate these matters.
The objectives of the investigation are:
o
r
Appointment of investigator
Thank you for your suggestion that Ms Karen Toohey
would be an appropriate person to undertake
this 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.
an independent investigation intJ the operations
and organisational culture at Bendigo
1ondu1
JBSA
{*r
your details will be dealt
with in accord.nce w ilh ttle Pubtic Reccrds Acr 1g73 an(i
the ptila.y aed Doto ptate.tbn a.'ffro.
,nor,o ,o., n"ru
queries cr wish to gEin access to your perscnal
intormation he,d by this depatmerrt plea5e coirtact
our privacy officer at rhe above :ddmss.
"n,
ffiWffiE^
fia;.ttt
r,,
6, ".'*,rrlt",litt-
lnvestigation witnesses
investigation.
@**l-"/
Bruce
Armstrongll
sf /o7l2a1s
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Depariment of
Education & Training
2 TreasurY Place
East Melbourne Victoria 3002
Telephone: +613 9637 2000
DX210083
o"rfll
Deputy Secretary'
of 11 September 2015 addressed to Monique Dawson'
special Development
people Executive services Group, regarding the investigation into Bendigo
the Deputy secretary
I am the Departmental contact for this investigation'
JBSA to conduct an
the Department has engaged an investigations consultancy
organisational culture at Bendigo Special
indeoendent investigation into the opuru,t,i, and
investigation are:
Developmental Sihool- The objectives of the
otodeterminewhetherthereisapresentriskofdangertostudentsattendingtheschool;and
a risk of
. io identify whether the school's operations and organisational culture creates
SDS'
inappropriate treatment of students attending'Bendigo
to
students of Bendigo sDs who wish to contribute
The Depar:tment is happy for parents of former
with
me
provide
Please
with the independent investigator'
the investigation to Oiicuss their concerns
I will
would like to participate in the investigation'
the names and addresses of those people who
thenwritetotheparticipantsnotifuingthemoftheinvestigation.lwillalsoprovidetheircontact
details to JBSA, who will contact them directly'
likefurtherinformation,pleasecontact*ton(03)94889488orbyemail:
*gfik.r.2*,s-)Y.ru.r,g-n!:
q:
Yorirs sincerelY
Planning
ncti'ng Deputy Regional Director - Service
. /f tf lzots
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OMIA
Stdt*
GsrernHsnt
iiit
fnrnfrll
I
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 become involved. They are also waiting to me
to tellwhether I believe the process is going to be fair or not.
Can you tell me if current staff are going to be able to provide information
confibentiatly? Unless they know that is the case and are given the
oppo$unity io speak with you without the knowledge of the Principal, they will
nbi Abro. How are you going to convey the answer to this question to them?
2. ..Can you confirm whethei parents of current students are going to b9 a.ble to
'
provi-de information confidentially? lf they understand that the Principal or
other staff will find out who they are and what they said, they may decide not
to be involved.
3. As Bendigo is a small cornmunity, visitors to the school who have observed
inhumane and the degrading practices also wish to know if their names can
t. be kept from DET staff. This includes the region, whose staff do not have the
confidence of anyone in the area. Significant personal attacks have already
taken place via social media by friends of the Principal on people who have
criticised practices at Bendigo SDS. As a result, [ocals are very nervous.
4. Who with a behavioural science background is going to be making decisions
about whether the locking up and restraint of children with behavioural
problems is appropriate? Given the Sec Gill Callister has already publicly
gone on recoid describing children with disabilities' behaviours as "violent and
iggressive", (reflecting that she has a pejorative view of children with
OisbOitities and does not understand the difference between challenging
behaviours and "bad behaviour"), it will not be seen to be sufficient for her to
be making such a decision. Apart from the obvious fact of having no
behaviour analysis qualifications whatsoever.
5. ls this an independent investigation with your organisation making findings or
is your organisation simply collecting information and providing it to DET? lf
your organisation is making findings, then question 4 would apply to you.
1.
..
{-...s,
ThanksVery much
regards
Julie
,{$
Jil:::*#ffi
29 September 2015
Ms Julie Phillips
PO Box 412
Dear Julie
24/9/75. My
responses
below.
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where allegations are made about a particular individual, I must put those
allegations to that individual for their response before making a conclusive finding
about the allegation.
'
As a first step, all witnesses who come forward will be interviewed by me. I will
prepare a detailed written witness statement for each witness to review and sign
'
'"\.".',_..,r"
--'*;' ,:
or contact details in the written statement or put their signature to the document.
Allegations made by anonymous witnesses about a particular individual will still be
put to that individual for a response, but only where it is possible to do so without
disclosing the witness's identity.
'
s$
From: Julie.Philli
To:
I
.Arm-strongSruces@edumail'vic'gov'au>;'
o;
com.au>
Bruce Armstrong
'mitra@PaxlawYers com'au"
'Ses of
Dear Bruce and sue
r ^+^Ef and
naranfc
were given promlt
parents
^^r.r
staff
School
breach.
serious
if,." i, a very
particuLrly important for current DET staff'
confidentiality and anonymity- ffris was
of those contributing to the investigation
What has happened is tfiat itt ttre names
Region offlr^-the same
have been given to chris Thompson, from North-west
sDs-f9r a number
r.no*n about what nai been occurring at Bendigo
of interest in
,.'otning. This DEi otri." has a significant confrict
numerous reports of abuse'
relation to the inr"tiigriio'n givenlts inaction on
;ffi;il;ini,
;G;il;";;
Julie PhilliPs
Disability Advocate
hanor,//***.fr."book..oworo"r/Dirrbilitr-Rioh,t-Auttt'li'/6361
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s@ffimai
Lvic. gov.
ar,
; -ffi ie
Ph
I I
ips
5243981 6547
gov'au;
<email2jphillips@yahoo.com'au>, james'merlino@parliament'vic
sue. mitra@PaxlawYers'com' au
ient:
November 2015,8"47
V;iimisatio n re Bend iso sDs nvestisation
FriO-ay, 13
;;;i;;i,
Pear Mr Armstrong,
against a person who
I have become aware of an instance of victimisation
into the Bendigo special
submitted to the DET initiated investigation
Colleen Johnson
,Developmental School. Unfortunately the previous investigator
to Mr Christopher
ptovided DET with details of those who were contributing
of those involved'
Thompson, and in doing so breaching the confidentiality
me personally,stating how he
know this to be fact as Mr Thompson phoned
generalpublicandtheombudsmanDeborahGlassisthattovictimisethosewho
themselves' lf you could contact
speak out against child abuse are in fact abusers
the situation it would be
me on (03) 5446 3871 to assist with and rectify
appreciated.
Kind Regards
I,sd,
gov. au>
From :'.Armstrong, Bruce S'' <armstrong. bruce's@ed u mail'vic'
Dear Julie
seriously. I have referred
Thank you for your email. I take allegations of victimisation extremely
carrollls allegations to the Integrity and Assurance Division of the Department'
Mr
your email also raises concerns that confidentiality and witness anonymity has been breached' I have
have
*tgfrt information from Chris Thompson about this. I confirm that all investigation participants in the
witness interviews
beei provided with the option to provide evidence to the investigators during
(or
some information) to
information
providing
manner most comfortable for them. This may include
anonymised in their
the investigation on an anonymous basis and to have their names and details
at the time the
October,
late
witness statement and the final investigation report. I am informed that
of persons
number
limited
decision was made to change investigators, Mr Thompson contacted a
interviewed by JBSA, to advise them of the
lir"tuOirg Mr Carroll) who"had alrea=dy agreed to be
would need to be
.hurg" of investigatoi and that the interviiws that had been arranged with JBSA
to ensure the least
rescheduled. Mr Thompson only contacted these persons as a matte.r of courtesy,
did not
Thompson
Mr
investigators.
possible inconvenien"" to th"*us a result of the ihange of
and the fact
details,
contact
and
ieceive any inforr4ation regarding those witnesses beyond their names
this
of
use
the
that
that they had agreed to be Interviewed by JBSA. On balance, I am satisfied
could continue
investigation
the
that
ensure
to
circumstances
in
the
was appropriate
information
expeditiously despite the change of investigator.
Yours faithfully
Bruce
Bruce Armstrong I Acting Deputlsecretary I Regional Services Group
Department of Education and Training
Level l, 2 Treasury Place, East Melbourne VIC 3002
,{*
Dear Bruce
Apologies for the lateness of my response, I have been interstate'
You say that you are satisfied that "the use of this information was appropriate
in the circumstances fo ensure that the investigation could continue
expeditiously 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 the individuals, (whose names she already held and
appointment times she already knew) to cancel those appointments. There was
Ro reason she could not have provided these names directly to the new
investigators. lnstead, witliout permission and without warning, these names
were given to the DET Regional
,,
Office.
Secondly, it is not so much the "use" of the information. The Bendigo Regional
Office should never have been given this information in the first place. This was
the promise made to contributors who asked for anonymity and confidentiality.
This is an office that already had most of the information about Bendigo SDS
and had done nothing in response. An office where the current Regional
Director has already cleared Bendigo SDS of using pr$sure points simply by
Julie PhilliPs
Disability Advocate
6 Decem,ber 2015
ame
the investigation to be less than genuine *f'"n f had to raise the issue
of the allegations'
numerous times before any-action was taken Oes[ite the seriousness
would be'
investigation
the
corrupt
predicted
how
However not even I could irave
I was expecting
been passed on
The names.did not have to be given to anyone at DET. They could have
contributing that
those
advised
direoly to'Justitia. Oi tn" pr.uLus investigators could have.
withdraw their
could
they
,nort to go to DET negi;nat office, in order that
tnliiilirirl
promised
their.
lost
parents
partioipation. But no, withoft their permis-sion, current staff and
job
and it
her
lost
foniiOlntirtity and.anonymity. One teacher has already constructively
serious
the
Given
remains to be Seen wnai witlhappen to others. One thing is certain.
of giving
of tf'u proi"ss and etfricat breach, those Bendigo SDS teachers thinking
been
has
issue
given
this
"orruption
truthful evidence to the investigation will be unlikely to do so
confidentiality.
is
no
there
clear
lt,is
community.
in
the
djscussed
*"i"
'
if anyone was
This, coupled with Mr Thompson's visit to a staff meeting advising staff that
rather than the
foqnd to have mistreated students then it will be they who will be disciplined,
Principal, sealed the fate of the investigation. lt now has little credibility'
PO Box 412, Fairfield VIC 3078
u,j
aDP :tltf,
exact same senior staff member supportin;;;ilig"
giving evidence' and to stop any
tnEirminiabout
maO'e'up
i;t
frighten those who h;d
";i
meirb"if'"" their confidentiality lost
current staff giving truthful evidence. Seeing one staff
in no uncertain terms of what will
and then lose their job shortly after sends ,"*"rr"gu
happen if you speak up and speak honestly'
mantra "DET does not
all heard numerous times in the last six months the
but excels in. it llgt-Tf.us on the
tolerate victimisation". lt not only tolerates victimisation,
changed at DET since the prevlous
receiving end can see that absolutely nothing has
il;;;i;ril 1.1" pr*ious Secretary.-The coiuption continues at all levels'
I think we have
*i,
;il;.;;
t;;
;;';ii;;l
ir;;;). ffiJil;.il]r
Committee'
:'
. Ygqr,t sincerdlYl,r'
;''
;'
i.l.,ir.i0..'
rli;!
,'Julie Phillips
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