ROYAL COMMISSION INTO INSTITUTIONAL RESPONSES TO CHILD SEXUAL ABUSE Public Hearing ‐ Case Study 23 (Day 113) Level 17, Governor Macquarie Tower Farrer Place, Sydney On Monday, 23 February 2015 at 10.05am Before The Presiding Member: Justice Jennifer Ann Coate Commissioner: Robert Atkinson AO APM Counsel Assisting: Mr David Lloyd .23/02/2015 (113) 11665 Transcript produced by Merrill Corporation 1 MR D LLOYD: I appear as counsel assisting this hearing, 2 which is conducted under the Royal Commissions Act 1902 3 (Cth) and the Royal Commissions Act 1923 (NSW). It is the 4 Commission's 23rd case study. I understand there are some 5 other appearances. 6 7 MR D W ELLIOTT: If the Commissioner pleases, DW Elliott 8 on the instructions of Leigh Johnson Lawyers. I seek leave 9 to appear for Mr [ARF]. 10 11 THE PRESIDING MEMBER: Is that someone who has 12 a pseudonym, Mr Lloyd? 13 14 MR LLOYD: [ARF]. 15 16 MS K MORGAN: Ms Morgan. I appear on the instructions of 17 Horton Rhodes. I understand I have leave to appear for the 18 witness Mr Robert Thomas. 19 20 THE PRESIDING MEMBER: Thank you, Ms Morgan. 21 22 MR P SKINNER: May it please you, Commissioner, my name is 23 Skinner. I am instructed by Carroll & O'Dea to appear for 24 Mr Guy Lamond, Mr Adrian Steer and the witness who in here 25 is known by the pseudonym [ATG]. I also have instructions 26 from John Ellis to appear for the witness known in here by 27 the pseudonym [ASG]. I believe leave has been granted in 28 respect of all those capacities. 29 30 THE PRESIDING MEMBER: Thank you, Mr Skinner. 31 32 MR G WAUGH: May it please the Commission, my name is 33 Waugh. I understand that I have been given leave to appear 34 for Mr Probert, a former staff member. 35 36 THE PRESIDING MEMBER: Thank you, Mr Waugh. 37 38 MR G WATSON SC: May it please you, Commissioners, my name 39 is Geoffrey Watson. I seek your leave to appear for Knox 40 Grammar School and the following witnesses: John Weeks, 41 Peter Crawley, Michael Jenkinson, Stuart Pearson and 42 Robert Wannan. 43 44 MR W D ELLIOTT: If the Commission further please, 45 DW Elliott on the instructions of Koffels Solicitors & 46 Barristers. I understand leave has been granted for me to 47 appear for the witness known as [ATQ]. .23/02/2015 (113) 11666 Transcript produced by Merrill Corporation 1 2 MS K EASTMAN SC: May it please the Commission, 3 Ms Eastman, I appear for the Uniting Church in Australia, 4 New South Wales and ACT Synod and also for the witness 5 Mr James Mein. 6 7 MR P KATSOOLIS: May it please the Commission, Katsoolis, 8 I appear for Mr Treloar. 9 10 THE PRESIDING MEMBER: Thank you. 11 12 MR J HARROWELL: May it please the Commission, my name is 13 Harrowell and I have been granted leave to appear for 14 Dr Paterson, Dr Hawkes and Ms Steele. 15 16 THE PRESIDING MEMBER: Thank you, Mr Harrowell. 17 18 MS G WRIGHT: May it please the Commission, I appear for 19 the State of New South Wales instructed by the Crown 20 Solicitors Office. 21 22 MR WAUGH: Your Honour, may I have leave to be excused? 23 I understand that Mr Probert may not be called this week, 24 and may be called later in the week or next week, so in 25 that case, could I have leave to be excused as appropriate? 26 We don't intend to stay for the whole time, but we may stay 27 for some of it. 28 29 THE PRESIDING MEMBER: Yes, thank you, Mr Waugh, I will 30 excuse you and I'm sure Mr Lloyd will keep you informed 31 with respect to your client's interests as the Commission 32 unfolds. 33 34 MR LLOYD: I will. 35 36 MS MORGAN: Commissioner, also, the intention for 37 Mr Thomas is not to be here, if that it is appropriate, at 38 various times throughout the next two weeks. I seek that 39 leave. 40 41 THE PRESIDING MEMBER: All right. Thank you. Such leave 42 is granted, Ms Morgan. 43 44 MR LLOYD: I understand there is an administrative matter 45 that your Honour wanted to deal with at the outset? 46 47 THE PRESIDING MEMBER: Yes. Just before we start today's .23/02/2015 (113) 11667 Transcript produced by Merrill Corporation 1 hearing, Mr Lloyd, I consider it is appropriate to provide 2 a brief update on the Royal Commission's progress, now that 3 we have recently completed our second full year of 4 operation. I will turn to those remarks before calling 5 upon you, Mr Lloyd, to make your opening. 6 7 Last week we held our 3,000th private session and 8 today, as Mr Lloyd has already indicated, is the start of 9 our 23rd public hearing. Public hearings have now been 10 held in every State and Territory across our nation, and 11 this year, for the first time, we will hold public hearings 12 in regional centres, Rockhampton and Ballarat. So far, 13 nine case study reports ‐ reports in the wake of public 14 hearings ‐ have been tabled in parliament and published on 15 our website. 16 17 Three of those were published so far this year ‐ 18 that's case study 4, the experiences of four survivors with 19 the Towards Healing process; case study 6, the response of 20 a primary school and the Toowoomba Catholic Education 21 Office to the conduct of Gerard Byrnes; and case study 8, 22 that's Mr John Ellis's experience of the Towards Healing 23 process and civil litigation. 24 25 A further report of case study number 5, the response 26 of the Salvation Army to child sexual abuse at its boys' 27 homes in New South Wales and Queensland, has been sent to 28 the Governor‐General and is expected to be tabled and 29 released at a future date. 30 31 A further four case study reports from public hearings 32 are nearing completion for provision to the 33 Governor‐General. These reports outline findings by the 34 Commissioners in respect of each public hearing and will 35 assist in formulating recommendations in our final report. 36 37 Around 270 people per week are making contact with the 38 Royal Commission and to date our call centre has handled 39 nearly 20,000 calls. Nearly 10,000 people have written to 40 or emailed us since we began. 41 42 As many of you would know, the Royal Commission has 43 the power to refer matters that come before us to other 44 relevant authorities, including the police. To date, we 45 have referred 512 matters. 46 47 Although we have already held more than 3,000 private .23/02/2015 (113) 11668 Transcript produced by Merrill Corporation 1 sessions, a further 1400 people are currently in a queue 2 waiting for their session, and more people are registering 3 every week. The Royal Commission continues to commission 4 researchers and consultants to conduct new research into 5 topics relevant to our terms of reference. A large number 6 of research projects are currently under way. 7 8 Eight research projects have been published so far. 9 These are: evaluations of out‐of‐home care practice 10 elements that aim to prevent child sexual abuse; a brief 11 review of contemporary sexual offences and child sexual 12 abuse legislation in Australia; historical review of sexual 13 offence and child sexual abuse legislation in Australia, 14 1788 to 2013; mandatory reporting laws for child sexual 15 abuse in Australia, a legislative history; child 16 exploitation material in the context of institutional child 17 sexual abuse; a history of child protection legislation; 18 a history of institutions providing out‐of‐home residential 19 care for children; and a history of Australian inquiries 20 reviewing institutions providing care for children. 21 22 A further research report on the effectiveness of 23 pre‐employment screening for preventing child sexual abuse 24 is due to be published later this week, and last month the 25 Royal Commission released a consultation paper on redress 26 and civil litigation. 27 28 Submissions and comments from the public are sought 29 before the closing date of midday, 2 March, with respect to 30 that paper. Already, many submissions have been received, 31 and these will help the Commission reach a final position 32 on these issues. Our recommendations with respect to that 33 particular paper will be provided to the 34 Australian Government by the middle of the year. 35 36 So with those general remarks with respect to the 37 progress of the Commission, Mr Lloyd, I will otherwise call 38 upon you to open. 39 40 MR LLOYD: Thank you, your Honour. Before I make an 41 opening statement, may I hand up a direction not to publish 42 pursuant to section 6D(3) of the Royal Commissions Act 1902 43 and at the same time a pseudonym direction pursuant to 44 section 6D(3) of the same Act, and invite your Honour to 45 make those directions. 46 47 THE PRESIDING MEMBER: Thank you, Mr Lloyd. I will make .23/02/2015 (113) 11669 Transcript produced by Merrill Corporation 1 both of those directions in the terms in which they are 2 sought. 3 4 MR LLOYD: Thank you, your Honour. 5 6 Your Honour and Commissioner, this case study concerns 7 allegations of child sexual abuse of a number of former 8 students of Knox Grammar School in Sydney. The principal 9 focus of the hearing will be the manner in which Knox 10 responded to those allegations. 11 12 Knox is a prestigious independent boys' school located 13 in Wahroonga on Sydney's North Shore. It accepts day boys 14 from kindergarten to year 12 and boarders from year 7 15 onwards. 16 17 In 2009, a number of former students of Knox came 18 forward to the NSW Police to report allegations of sexual 19 abuse by several different teachers employed by Knox 20 between 1970 and 2009. One of the teachers the subject of 21 the allegations was still employed by Knox in 2009 and had 22 been employed since 1982. 23 24 Strike Force Arika was established by the police to 25 investigate the allegations. Five teachers from Knox were 26 convicted of child sex offences against students. 27 Barrie Stewart was convicted of five counts of indecent 28 assault and two counts of category 4 sexual assault, being 29 the commission of an act of indecency on a person under the 30 age of 16 and under the person's authority. These counts 31 included a further three acts of indecent assault that were 32 taken into account at sentencing. The charges related to 33 seven different students and Stewart received a suspended 34 sentence. 35 36 Another teacher, Adrian Nisbett, was convicted of two 37 counts of category 4 sexual assault, being the commission 38 of an act of indecency on a person under the age of 16 and 39 under the person's authority, with a further act of 40 indecent assault taken into account at sentencing. The 41 charges related to three different students and Nisbett 42 received a suspended sentence. 43 44 Another teacher, Craig Treloar, was convicted of three 45 counts of indecent assault on a person under the age of 16 46 and under his authority and one count of inciting a person 47 under the age of 16 to commit an act of gross indecency. .23/02/2015 (113) 11670 Transcript produced by Merrill Corporation 1 A further act of possession of child pornography was taken 2 into account at sentencing. The acts related to three 3 different students. Treloar was sentenced to a total of 4 four and a half years imprisonment with a two‐year 5 non‐parole period. In 2013 Treloar was found not guilty 6 with respect to a number of counts against a fourth 7 student. 8 9 Another teacher, Roger James, was convicted of two 10 counts of assaulting a male and committing an act of 11 indecency. The counts related to one student and James 12 received a 12‐month suspended sentence. 13 14 Another teacher, Damien Vance, was convicted of one 15 count of category 4 sexual assault, being the commission of 16 an act of indecency on a person under the age of 16 and 17 under the person's authority. Vance was released on a good 18 behaviour bond. 19 20 The Royal Commission will hear evidence of abuse by 21 a further three teachers of Knox who have not been the 22 subject of criminal proceedings. 23 24 The abuse was perpetrated by these teachers between 25 approximately 1970 and the year 2003, a 33‐year period. It 26 is anticipated that the evidence will show that during that 27 period the school did not notify the police of any incident 28 of child sexual abuse. 29 30 This public hearing will inquire into the following 31 matters: 1. The experience of sexual abuse of former 32 students of Knox; 2. The response of Knox and the 33 Uniting Church in Australia between 1970 and 2012 to 34 concerns raised about inappropriate conduct by a number of 35 teachers towards students of Knox, including investigations 36 and subsequent criminal proceedings; 3. The systems, 37 policies and procedures in place at Knox in relation to 38 raising and responding to concerns about child sexual abuse 39 since 1970; 4. The regulatory system governing the 40 response of Knox as a non‐government school in New South 41 Wales to allegations of child sexual abuse by its employees 42 against students of the school; and 5. Any other related 43 matters. 44 45 Commissioners, there will be particular emphasis 46 during this public hearing on the question of what 47 information was known by employees of Knox and members of .23/02/2015 (113) 11671 Transcript produced by Merrill Corporation 1 the Knox council about the abuse by the teachers and when 2 that information was known. To the extent that the 3 evidence reveals that employees of Knox and/or members of 4 the Knox council were aware of allegations of child sexual 5 abuse, the hearing will focus on their response to that 6 knowledge and whether there was or is a culture at Knox 7 which does not treat the issue of child abuse seriously. 8 9 I will now describe briefly the history and structure 10 of Knox. Knox was opened by the Presbyterian Church in 11 1924. It has operated continuously since then. The school 12 is divided into a senior school, from years 7 to 12, and 13 a preparatory school from kindergarten to year 6. 14 Currently, there are 1800 students in the senior school and 15 650 in the preparatory school. The school accommodates 16 day boys and boarders. Currently, there are 165 boarders. 17 18 In June 1977 the Uniting Church of Australia was 19 formed. From that time, ultimate control of Knox has 20 vested in the Uniting Church synod of New South Wales and 21 the Australian Capital Territory. 22 23 The constitution of Knox requires that the management 24 of the school be carried out by a council of 12 to 15 25 people, of whom a majority must be members of the 26 Uniting Church. On a day‐to‐day basis, the council is 27 responsible for the management and operation of Knox. 28 29 The headmaster of Knox is responsible for the general 30 administration and daily operation of Knox. The headmaster 31 is also responsible for the implementation of decisions of 32 the Knox council and is answerable to the Knox council. 33 34 Dr Ian Paterson was headmaster of Knox from 1969 35 until December 1998. Mr Peter Crawley was the headmaster 36 of Knox between 1999 and 2003. Mr John Weeks has been the 37 headmaster of Knox since 2004. At the times with which 38 this hearing is concerned, there were between 4 and 5 39 boarding houses located within the Knox grounds ‐ Gilmore, 40 Gillespie, MacNeil, Ewan and Kooyong Houses. Over time, 41 the ages of the boys who resided in a particular house has 42 changed. Generally, Gilmore House was a residence for boys 43 in years 7 and 8. Gillespie House was a residence for boys 44 in year 9. MacNeil House was a residence for boys in 45 year 10, although during some periods, in particular in 46 1988, MacNeil House was a residence for boys in years 8 and 47 9. Ewan House was a residence for boys in years 11 and 12, .23/02/2015 (113) 11672 Transcript produced by Merrill Corporation 1 until Kooyong House was established in approximately 1990, 2 housing students from those years. 3 4 The governance of each of the boarding houses at the 5 relevant times was the same. Each house had a housemaster. 6 The housemaster was an employee of the school who usually, 7 if not always, also taught at the school. The housemaster 8 resided in the house and was generally in charge of the 9 house and the welfare of the boys who lived in it. The 10 houses were home to the school's boarders during term and 11 they slept their and ate their meals there. Many of the 12 boarders were from the country and were separated from 13 their parents during term by long‐distances. 14 15 At the relevant times within each house there were 16 a number of dormitories of varying size. Boys in year 12 17 had their own rooms. 18 19 To assist in supervising the boys residing at the 20 boarding houses, each house also had a number of resident 21 masters. These men ‐ and at the relevant times they were 22 all men ‐ were employees of the school who lived in their 23 own room in the house and in return for free board would 24 look after the boys. When they were on duty they slept in 25 the house. These men were usually, but not always, also 26 employed as teachers at the school. 27 28 The process by which the resident masters were 29 employed is unclear and will be explored in the evidence. 30 During the 1980s there does not appear to have been any 31 formal process by which a person who wished to be employed 32 as a resident master would be employed. The evidence will 33 disclose that at least one of the resident masters employed 34 in around 1986, a Mr Christopher Fotis, to whom I will make 35 further reference, had criminal convictions for more than 36 one offence at the time that he was employed. 37 38 Knox at all relevant times has been a member of the 39 Association of Independent Schools of New South Wales, 40 which is the peak body for a number of independent schools 41 in New South Wales. 42 43 I now turn to describe the experience of the former 44 students of Knox who it is expected will give evidence in 45 this hearing. 46 47 It is anticipated that the Royal Commission will hear .23/02/2015 (113) 11673 Transcript produced by Merrill Corporation 1 evidence from a number of former students of Knox who were 2 subjected to serious and, in some cases, repeated sexual 3 abuse while they were there. The evidence, it is 4 anticipated, those former students will give, in summary, 5 is as follows. Mr Guy Lamond started in Knox in 1980 at 6 the age of 6. He attended Knox until he completed school 7 in year 12. Mr Lamond will give evidence that a teacher in 8 the preparatory school, Barrie Stewart, would often tickle 9 him and that during the tickling Mr Stewart began to put 10 his hands inside Mr Lamond's shorts and underwear and touch 11 him on the penis and would stroke and cup his genitals. 12 13 On other occasions, Mr Lamond says that while he and 14 the other boys were getting changed for physical education 15 class, Mr Stewart would approach a number of the boys while 16 they were naked and would try and tickle them and touch 17 them. Mr Lamond will give evidence of a particular 18 incident at Camp Knox when he was in year 5 when Mr Stewart 19 sat next to him and began rubbing Mr Lamond 's penis and 20 then started masturbating him. He did that for about 21 a minute. On other occasions, Mr Stewart asked Mr Lamond 22 if he would go with him to his house on the 23 Northern Beaches for the weekend. 24 25 Mr Lamond will also give evidence that a former 26 teacher at Knox, Craig Treloar, invited him and other boys 27 into his room and showed them a pornographic video. The 28 video contained graphic images of older boys performing 29 oral sex on younger boys and showed older males having anal 30 sex with young boys. It is anticipated that Mr Lamond will 31 also give evidence that Mr Treloar persuaded Mr Lamond to 32 masturbate him, and at one point Mr Treloar asked Mr Lamond 33 to suck his penis. 34 35 Mr Lamond will say that on one occasion, Mr Treloar 36 took a video of him while he was naked and that Mr Treloar 37 encouraged him to play with his genitals while he was 38 taking that video. 39 40 It is anticipated that Dr John Rentoul will give 41 evidence. Dr Rentoul's son, David, commenced at Knox in 42 year 4 in 1976. David Rentoul died in August 2012, but he 43 provided a statement to the court in the trial of 44 Mr Stewart in which Mr Stewart pleaded guilty to sexually 45 abusing David. Dr Rentoul was a teacher at Knox from 1969 46 and was the assistant headmaster when he left in 1981. 47 .23/02/2015 (113) 11674 Transcript produced by Merrill Corporation