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The Hon James Merlino uP

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)'

that ttre issues you have.rait"g t1: of critical


I was concerned to receive your letter and appreciate
SDS staff and tlose il the broader
il;;r;;;;; ** ,rilnr,"*igation participants, including Bendigo
victimised
csncerned to read that a person may be being
Bendigo SDS community.l was particularly
the investigation'
aE a result of their participation in
Services 6roup' has oversight of this
Bruce Armstrong, Acting DeputY secretary, Regional
that baEis, I have referred your letter to Mr Armstrong
investigation on behalf oflhe nepartrnent. On
outlined in your letter'
,o **t-unquiries can be made regarding the concerns
your letter to address the issues you have raised"
Mr Arrnstrong will shortly respond to

matter, please contact Mr Armstrong on 9637


lf you would like further information regarding this
27 L9

ar by ernail at arm$rone-bruce,s@ edum

l'Bov'a u'

Youi;s sincerelY

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$,t"t-.

The Hon James Merlina MP


Deputy Premier
Minister for Education

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ilepartment of
ilducatian & Tiaining
Regional Sgrl",ices Grouf

2 Treasr"iry piace
East M*ibrurne Vicirria 3SS!
Telephone: 03 $S37 A00C
Dx?1s0$3

Julie Phillips
Disability Advocate
PO Box 412
FAIRFIELD

VIC 3078

Dear Ms Phillips
Bendigo Special Developmental.school

lnvestigation

Thank you for your correspondence dated 24 May


2015, 5 June 2015 and 2 July 2015 to the Minister
for Education, the Hon James Merlino MP, regarding Bendigo
special Developmental scSool. I am
aware 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 in
relation 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
r

to determine whether there is a present risk of danger to students


attending the school; and
to identify whether the school's operations and organisational culture
creates a risk of
inappropriate treatment of students attending Bendigo Special
Developmental School.

you that this investigation is genuine. I agree with you


that the investigation will be much
more successful if the parties involved work collaborativeiy
together and the Department looks
forward to collaborating with the community on these issues.
I assure

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

colleen Johnson is a Licensdd lnvestigator appointed


by JBSA to undertake this investigation. ln my
view' JBSA have the required skills and qualifications
and the necessary independence to have.the
confidence of the community.
Scope of the investigation

will investigate allegations made to the Department by you


and a number of other people
about inappropriate treatment of students with disabilities
and practices employed by the school to
fli

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-

manage student behaviour' JBSA will also


investigate allegations that there were structures at the
school' one since demolished and the other now
used as an equipment storage facility, that were
used 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 to
provide information. The investigation
is expected to take approxirnatery six weeks.

acknowledge that you are aware of people that


may be able to assist JBSA in their investigation. The
Department will inform JBSA of this. You will also
have the opportunity to provide any information
you think is relevant {including the
names and details of otheiparties} to JBSA as they conduct
their
I

investigation.

6m inviting you to participate in the investigation


by meeting with IBSA at a mutually convenient
ue contacting you in the next few days
can contact colleen on 04g1 060 025.
ln order to ensure the integrity of the investigation,
we request that you keep your discussions with
the investigator confidential until the matter is
concluded.
lf you have any questions or concerns
about this investigation, please feel free to contact chris
Thompson, Acting Deputy Regional Director,
North-western
Region, g4gg g4gg or at
"victo.ria
I

time' I have provided JBSA with your email address.


They witt
to make arrangements to meet with you. Alternativeiy,
you

The Departnrent tt committed to providing


safe and inclusive learning environments for victorian
students' we welcome complaints as part of our
commitment to continuous improvement in the
delivery of education services and better outcomes
for students. I trust that the Department.s
willingness to invest in this independent investigation
de monstrates its commitment to transparency
and its determination to protect the students
in its cdre.
Thank you for your anticipated participation
in this important investigation.
Yours sincerely

@**l-"/
Bruce

Armstrongll

Acting Deputy SeYretary


Regional. Services Group

sf /o7l2a1s

,r1,

n;;

,{$

Depariment of
Education & Training

2 TreasurY Place
East Melbourne Victoria 3002
Telephone: +613 9637 2000

Office of the Secretary

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'

Thank you for your email

school (Bendigo sDS). As


has asked me to rePlY on her behalf'

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

As you may be aware,

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'

with you) would


Bendigo sDS who have been in contact
lf you (or the parents of former students of

likefurtherinformation,pleasecontact*ton(03)94889488orbyemail:

*gfik.r.2*,s-)Y.ru.r,g-n!:

q:

r)ffig * v r*a*xk"' lw",*)*

Yorirs sincerelY

Planning
ncti'ng Deputy Regional Director - Service

North-Western Victoria Region

. /f tf lzots

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OMIA
Stdt*

GsrernHsnt

iiit

2-LJ \d;t. 1i**

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

Fairfield VIC 3078

Dear Julie

Re: Your emai!

ol 24/9/1,5 seeking clarification of the Bendigo Special

Developrnent School investigation process


Thank you for your email of

24/9/75. My

responses

to your queries are set out

below.

3.,

{Imp;ur.l.:itp .$**;- r,ul*crr,,:rirs**

i*

6ss'.**,+{*$,"i1

ii'tt'#ri'itutr}.i:,r.:,t., *,=u,*unUr,"au+r**$y

My task as an investigator is to clearly identify allegations relevant to the


investigation objectives, determine whether there is sufficient evidence to
substantiate those allegations and then assess whether the alleged conduct is
consistent with relevant legislation, regulations, policy, procedures and guidelines.
The investigation must comply with the rules of natural justice, which means that

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

'

(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 remain
anonymous. Those who wish to remain anonymous do not have to list their name

'"\.".',_..,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"

<sue. mitra@PaxlawYers.com' au>

Sent: Sundiy, 15 November 2015,11"24


Sr'uil"ti n" :'Victim isatio n re Be nd igo S D S investi gation

'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;";;

giving evidence has now been breached'


The confidentiality and anonymity of those
trive ne"1 broken' I believe that it is proper
The promises made to those
"ontributing
report'
that what has obcurred is included in the final
going
and would tife to know how this is
I am particularly concerned about DET staff
By all accounts it least one of them
to be rectified and they are going to Oe protected'
is currentlY being victimised.
Regards
Julie

Julie PhilliPs
Disability Advocate

" PO Box 412


Fairfield'VlC 3078
Ph/Fax: (03)9481-0999

Mobile: 0412 570 197


FaceBook.

hanor,//***.fr."book..oworo"r/Dirrbilitr-Rioh,t-Auttt'li'/6361

i*,

To : Bruce Armstrong <Armstron g. bruce.

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

received mY contact details'

not tolerate the victimisation of


I have read during this process that DET does
your assistance in ensuring
people involved in such matters. Subsequently I seek
can cease and the resulting
that the victimisation of the unmentioned person
of disability advocates' the
effect of this victimisation be reversed. The view

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'

To:'Julie Phillips' <email2jphillips@yahoo.com'au>


Gc: Phil Carroll <cdulawmanl 47@gmail.com>
Sent: Tuesd aY,24 November 2015, 9:38
Subject: RE:Victimisation re Bendigo SDS investigation

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.

who have agreed to


I confirm that Mr Thompson does not know the names of any other witnesses
Thompson, or anyone at
participate in the investigation since Justitia was appointed. Neither does Mr
provided to Justitia by
ihe Department, have an"y kno*ledge of the evidence that has been
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 Group
Department of Education and Training
Level l, 2 Treasury Place, East Melbourne VIC 3002

T:03 9637 2719


E: armstrong.bruce.s@edumail.vic.gov.au
W: www.education.vic.gov.au

,{*

From: Julie Phillips <email2jphillips@yahoo.com.au>


To: "ArmStrong, Bruce S" <irmstrong-bruce.s@edumail.vic.gov.au>; 'Phil Carroll'
<cdu lawman 1 47@gmail.com>
Sent: Sunday, 29 November2015, 1 1:03
Subject: 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 particularly
important for parents with children at Bendigo SDS, and current teachers
ivorried aboui victimisation. While you have stated that victimisation will not be
tolerated, it has been tolerated for quite Some time, and continues to be
practised 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 of
over 60 pages, Ms Callister chose to attempt to embarrass and humiliate me
personaily ind professionally in her public response to the Senate. This is
victimisation.
Contributors were promised anonymity and confidentiality. lnstead, their names
were provided to the Region. This was even worse than if they had their names
provided to the Head Office. They were given false information. One current
ieacher who has already been victimised for the last few years in relation to the
Bendigo SDS abuse is now known in the region as voluntarily contributing to
this investigation. Given that Mr Thompson is also supporting teachers at
Bendigo SDS and he has no doubt discussed the information he has received
with oiher regional staff, the situation is disastrous. Commitments that were
made have been brpken, putting people at risk.

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

The Hon James Merlino


Deputy Premier
Minister for Education
Parliament House
Spring Street
'Melbourne VIC 3000
p
E iii ai l; igme-s. nLerl n o @ a rl
i

ame

nt. vi c,g ov, a u

Dear Minister Merlino


into Bendigo
Thank you for your letter dated 30 Novemb er 2015 regarding the investigation
guidelines'
SDS, and the changes to DET behaviour
Bendioo SDS lnvestiqation

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

(given the history of


Serving DET staff and parents attempting to find the courage,
and the Regional Office)'
Bendigo-SDS
at
victimisation of parents and staff by the drincipal
the highest level that they
at
DET
b,
given
assurahces
to contribute to the investigation *ere
assurances'
these
I
repeated
could contribute anonymously or confidentially.
volunteered to contribute
You can only imagine the shock and betrayal when lhose who had
the Regional Office - the
from
found that their names have been given to Mr ChrisThompson
SDS' and the
Bendigo
at
very office implicated in the cover-up of the cages and abuse
victimisation of DET staff.
."

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

Ph/Fax: 9481-0999 Email: email2jphillips@yahoo com'au


Mobile: 0417 570197 ABN: 85 403 892 03S:
f,;

u,j

names to DET Regional Office' to the


I can only conclude that the provision of witnesses'
was a measure designed to

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

the few that are' iS in order


Ttre only reason people are persevering with the investigation,
and IBAC when the
that there is more information to provide to the ombudsman
in the way of findings against the
investigation is over, and as we expect, u*ty iltL happens
Principaland Region
f

New Behaviour Guidelines


in some respects' worse than
The new behaviour guidelines leave children with disabilities
they were before.'
Teachers who cantt even teach literacy
are
(http://www.ttreheralJ.com.au/story t2798O88taustralian-teaching-students-cant-spell/)
through Functional Behaviour
now expecteo to perfoim behaviour analytical work
Assessments.
DET's formal position was that seclusion
Prior to the guidelines, even though widespread,
without any

not bad enough, now seclusion is allowed'


was prohibited. lf tnii!,tration
;a to what sort of room and conditions it takes place.

*i,

;il;.;;

Practice regulate restrictive


The VEOHRC recommended that the office of Professional
Act' This has not been
Reform
practices through .f1rng,at to the eaur.r.,tiii ind Training
guidetines provide that restraint and
done. There are no new regulations. whe"n'*,
";
and last resort to protect a person's
secluslbn of sfudenfs may ontyOe usea as an immediati
not endorsed formally
- safetf',these were always the guidelin"tj"*."pt that seclusion was
prr"ti.t Leader has no power over DEr staff.

t;;

;;';ii;;l

ir;;;). ffiJil;.il]r

for the senate lnquiry into the


tattach an initial report on the new guidelines completed
Abuse of. People with DisabilitiEs'
much consideration' They
vEoHRC made recommendations on restrictive practices.after
ignored' particularly
were
they
were welcomed by parents and advocat"t. tt it a shame
Senate Community Affairs
oiven the recent Report covering anuse in schools from the
Heferences

Committee'

:'

. Ygqr,t sincerdlYl,r'
;''

;'

i.l.,ir.i0..'
rli;!

,'Julie Phillips

${
2

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