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Chronology Bendigo SDS - a history of Cover-ups, Victimisation and Abuse 28 February 2016

2006

Whistleblower "WB" begins work at Bendigo SDS as a teacher. Previous teaching positions - exemplary conduct since 1995. Principal professional and kind, however: Restraint and seclusion used routinely. Documented by staff and in procedures. Lockable cages made of pool fencing erected in classrooms. Referred to in documents as "individual yard in the classroom". Variety of outdoor pens with locks and other lockable rooms to lock up students with disabilities. Behaviour policies are punitive, based on negative consequences for behaviours of concern, including the use of restraint and seclusion and involvement of the police. Student behaviour plans include restraint and seclusion. No requirement for intensive psychological assistance. Until October 2015, seclusion was a breach of DET policy.

2007 WB's wife has been teaching since 1992 and begins work at Bendigo SDS. September 2007 A "Personal Development Plan 2007" is completed for WB. In the area for Principal Comment WB is described as being an "outstanding and reflective" teacher, having a "thoughtful and considered approach" in working with students, a "special ability to develop an effective and positive classroom team" and is thanked for his "positive support".

2008 Principal resigns and Julie Hommelhoff appointed new Bendigo S DS Principal. Principal organises martial arts and pressure point training for Bendigo SDS teachers by black belt James Sumarac.

2009 Principal oversees building of empty outdoor wooden structure with bolts on the outside for the seclusion of students with behaviours of concern. WB objects to integration aides using pressure points on students with disabilities and advises them to stop. Integration aide advises Principal. Integration aides in WBs class begin writing notes, allegedly of contemporaneous events occurring in the classroom. All behaviour plans signed off by Principal and/or Vice Principal. They

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contain strategies such as taping children's wrists together, restraining them and locking them up.

2010 Covert notes result in 39 complaints made by the Principal to WB on 26th of February 2010 about alleged conduct. The complaints go back to March 2009. It is almost impossible to respond to the complaints due to the fact that they go back approximately one year ensuring that WB cannot defend himself. No natural justice, and a breach of the complaints guidelines. Allegations include inappropriate handling of students causing pain, injury and distress. Allegations of bruising, however inexplicably no photographs taken at the time - no incident reports made. Despite the seriousness of the accusations, staff including the Principal are content that notes are taken and the actual inappropriate handling is ignored and allowed to allegedly continue. In other words, if the allegations were true, the emphasis by staff and the principal was on gathering evidence against WB, not protecting the students. If the allegations were actually true, the children’s safety was put at risk as staff were busy taking notes but were not interested in immediate intervention to protect the children. Breach of mandatory reporting guidelines. Breach of duty of care. Breach of departmental policy. Numerous written complaints are made about WB from the integration aides, some as puerile as the fact that WB had not had a shower (documented). This particular complaint was from the aide directed by WB not to use pressure points. The same aide alleges that a contractor to the school has complained to her that WB is comparing students to animals, however documents show that this is in fact was what the contractor said (documented). He was the "expert" behaviour consultant organised by the Principal to assist staff. No behaviour qualifications. WB is accused by the Principal of not providing enough detail in his individual education plans, including not having backup plans for his educational plans, in preparation for environmental change. He is advised that this is a breach of departmental guidelines. WB is instructed not to contact staff members at Bendigo SDS, the effect of this is he cannot contact staff members who can support him in the disciplinary procedures against him. He is advised later that this is not a lawful instruction. 6 October 2010 WB informs Regional Director Ron Lake of violence against students at Bendigo SDS. Mr Lake does not respond or ask for any further details despite some of the claims constituting assault and false imprisonment.

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2011 12 January 2011 Regional Director Ron Lake endorses the approach taken by Bendigo SDS Principal in relation to disciplinary procedures on the basis of lack of detail in Individual Education Plans and failure to follow Departmental procedure. He sets out the requirements for individual education plans in paragraphs 14, 15, 34, 36, 39 and 46 of his correspondence. 26 January 2011 Mr Ron Lake advised in writing of students being locked in cages. He does not respond or ask for further information. February 2011. WB is terminated and appeals. 24 February 2011 WB writes to Regional Director Ron Lake and asks that DET witnesses in his defence be contacted to give evidence. Mr Lake writes back and says that in his view those witnesses could not provide relevant information. He refuses to contact them. The Bendigo SDS Principal is also asked to contact staff in order that they could provide information in support of WB in order that a balanced investigation of accusations is conducted. This does not happen. Bendigo SDS Principal claims falsely in a letter that WB is attending a centre for anger management. Proven to be false. Defamatory. No consequence for fabricating this false information. The "Personal Development Plan 2007" is provided as evidence against WB. Not realising WB had a copy of the original, the Principal Comment has been rewritten by the current Principal and the document is put forward as being the genuine Personal Development Plan 2007. The positive comments have been deleted. It is dated 5/2/08 and signed by the current Principal. Later, WB contacts in writing the then Deputy Secretary Monique Dawson, current Regional Director Jeanette Nagorcka and Conduct and Ethics staff member Carmel White about the fraudulent changing of documents and provision of those to the Disciplinary Appeals Board. No one interested in investigating the matter. Deputy Secretary Darrell Fraser is informed of the termination of WB. * Elsewhere in Victoria At the same time the Bendigo SDS Principal, Regional Director and Deputy Secretary are endorsing the termination process against WB involving failure to write sufficiently detailed Individual Education Plans, DET are giving evidence in the Federal Court (K v State of Victoria [2011] FCA 1301) that individual education plans do not even need to

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exist in writing and can be the same document as a school report - this case also related to a special school. In the Federal Court case Abela v State of Victoria [2013] FCA 832 DET staff gave evidence that informal (for example unwritten) individual education plans are proper and acceptable, for example see decision at [129]. The same Legal Department that were involved in the termination process against WB, are also overseeing the evidence given in these two Federal Court cases. WB is being held to a standard that is at the same time being renounced under oath at the Federal Court. DET holds the same position year after year while defending its staff. Regional Director Peter Greenwell confirms in writing 29/1/15 that DET guidelines are just "guidelines". They do not need to be followed. Except if you are WB. * Elsewhere in Bendigo Regional Director Jeanette Nagorcka is, in writing, defending criticisms of the regional psychologist and claims his Behaviour Management Plan for a young student with a disability subjected to repeated restraint and seclusion is adequate. The "plan" consists of a few sentences drawn from approximately 6 different documents. Accusations of inadequate individual education planning not substantiated by Disciplinary Appeals Board. WB terminated on the basis of inappropriate treatment of students on the evidence of Bendigo SDS staff who failed to mandatorily report their claims and held back details of the alleged inappropriate until months later. No other staff member at Bendigo SDS, despite the widespread use of restraint, violence and seclusion, is subjected to the same process. DET teachers across Victoria continue to be defended in court by DET for having individual education plans in their head, or plans that are as minimal as one page long. Numerous discrimination complaints in 2011 and onwards by parents across Victoria are lodged in the Federal Court involving violence against students with disabilities. Cases settle, staff remain teaching. Staff members are not subjected to the same processes as WB. WB's treatment is extraordinary but supported by Region, Legal Department, Conduct and Ethics and the Deputy Secretary. WB's wife, also at Bendigo SDS, is a witness at the Disciplinary Appeals Board hearing. As a result, she begins to be targeted with complaints, despite having an unblemished teaching record for almost 20 years.

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2012 WB's wife continues to be subjected to complaints. These include: Accusations made without supporting evidence. Accusations, which when checked with the alleged accuser, had not even been made. Decisions made against WB's wife before putting the accusations to her and receiving a response. Principal and Vice Principal consistently decide in favour of anyone making a complaint against WB's wife, simply putting that they doubt the accuser would fabricate the evidence or finding any complaint "substantiated" on the word of an accuser. E.g. "there is no reason for me to believe that xxxx would fabricate the report he made to me" 9/3/12 Vice Principal Angela Bysouth. WB's wife is directed in writing not to act in a particular way "again", but when requests information about what is meant and details of the claimed "inappropriate behaviour", is refused an answer (7/3/12). The complaints by WB's wife of bullying and victimisation are all unsubstantiated. All complaints against WB's wife substantiated. Correspondence in 2012 dated 18, 19, 20 February, 7, 9 March 2012. Bendigo SDS Principal and Vice Principal take out Intervention Order against WB, who simply agrees to avoid more distress.

2013 WB's wife resigns due to victimisation. WB's wife is advised by staff that the Bendigo SDS Vice Principal had contacted the special school in the region and told them not to employ her.

2014 October 2014 Casual Staff Member at Bendigo SDS observes staff member using pressure points and reports incident. Bendigo SDS Principal refutes claim despite direct observation and reporting. Casual Staff Member never employed again.

2015 12 January 2015 Disability Advocate writes to Regional Director Jeanette Nagorcka and advises pressure points being used at Bendigo SDS. 1 April 2015 Jeanette Nagorcka writes to Disability Advocate saying that the Bendigo

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SDS Principal assures her that pressure points are not used. Ms Nagorcka suggests that if the Disability Advocate has "further specific details" that she should provide these to her. Ms Nagorcka has the specific details. She had already been copied into an e-mail dated 9 March 2015 from the Casual Staff Member outlining the incident. She fails to contact him in her "investigation". 5 May 2015 Casual Staff Member questions why he has been designated as not working for Bendigo SDS in the future. SDS Principal claims that the Vice Principal called him a number of times for work and did not receive a response. Casual staff member repeatedly requests that in writing from the Vice Principal, knowing it to be false. Vice Principal will not back up Principal by putting it in writing. 8 April 2015 WB's wife receives an e-mail from ANZUK teaching recruitment agency saying her availability has been "permanently removed" from the booking system due to it being "unfair" to keep her on the list in the anticipation that they give her work. No explanation given. 18 August 2015 Disability Advocate writes to Minister James Merlino referring to repeated correspondence to him regarding abuse at Bendigo SDS and tells him that if he does not act she will release the documents she has on same. Announcement of investigation into Bendigo SDS. DET promise contributors anonymity and confidentiality. October 2015 Investigators provide the names and contact details of all contributors to the investigation at that date to DET North-West Region. DET examine names and contact details and contact all contributors, resulting in widespread communications occurring in the community regarding the breaching of all anonymity and confidentiality commitments for those contributing to the investigation. The DET Integrity and Assurance Division decide to conduct an "independent" hearing into victimisation complaints. The "independent" unlicensed investigator immediately meets with the DET Legal Department, rendering their independence redundant. Repeated requests to explain how the investigators can be independent while at the same time meeting with the Legal Department are not responded to. July 2015 Disability Advocate submits to the Federal Senate Inquiry into the Abuse of People with Disabilities. The majority of the 70 page document details the abuse of students in Victorian schools. The submission alleges the use of cages and hands at Bendigo SDS and includes photographs.

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29 September 2015 DET Secretary Gill Callister responds to the Disability Advocate' s submission. She does not refute one allegation made in the submission, but instead launches an extraordinary attack on the Advocate. * Elsewhere in Australia Principal In the ACT is immediately stood down due to authorising cages for the seclusion of students with disabilities.

2016 Due to WB's wife being unable to obtain any ongoing position in North-West Region since giving evidence in the Disciplinary Appeals Tribunal, and being advised of e-mails circulating encouraging schools not to employ her, WB and his wife decide to leave Victoria. Ron Lake named in IBAC corruption enquiries. Darrell Fraser named in IBAC corruption enquiries. SDS Principal alleges breach of Intervention Order against WB due to his comments on a disability Facebook page, continuing to whistleblow on abuse at Bendigo SDS.

Violence against Bendigo SDS students witnessed by staff. Pressure points-staff using the knuckles to create pain in students by pressing behind the ears, or under their jaw or arms. Physical wrestling or throwing of students to the ground. Staff sitting on students. Students tied to chairs. Students being moved by staff pulling up their trousers or underpants. Students left in seclusion on their own for hours. Staff pushing a child off his bike deliberately. Staff grabbing children by the throat. Staff slapping a child across the face.

Reasonable conclusions to be drawn from the information (much of it documented) above.

DET condones violence against, and abuse of, students with disabilities.

Either WB and his wife had been subjected to some of the most serious victimisation in Victoria, or DET staff are perjuring themselves to the Federal Court of Australia with the imprimatur of the Legal Department and senior DET officials. Or both.

DET have known about the caging of children at Bendigo SDS since 2010.

While the Senate Community Affairs References Committee, referring to the violence, restraint and seclusion of students in schools refers to such actions being a "national shame" (p115 of the report), DET continue to protect senior and junior staff involved in such activities at the expense of vulnerable children with disabilities.