ROYAL COMMISSION INTO INSTITUTIONAL RESPONSES
TO CHILD SEXUAL ABUSE
AT SYDNEY
COMMONWEALTH OF AUSTRALIA
Royal Commissions Act 1902 (CTH)
Royal Commissions Act 1923 (NSW)
PUBLIC HEARING INTO
SCOUTS AUSTRALIA NEW SOUTH WALES
CASE STUDY 48
OPENING ADDRESS BY SENIOR COUNSEL ASSISTING
INTRODUCTION
1.
This is the Royal Commission’s 48th public hearing. It is inquiring into the
current child protection policies and procedures of Scouts Australia NSW
and the child-safe standards of that institution. It follows the Royal
Commission’s first case study which was held between 16 September and
19 September 2013.
The report of that case study was tabled in
Parliament on 24 April 2014.
2.
Case Study 1 was concerned with the response of five institutions to the
conduct of Steven Larkins, who was a Scout leader in the 1990s and early
1
2010s: Scouts Australia, NSW, the Hunter Aboriginal Children’s Service
(which has now ceased to exist), the NSW Department of Community
Services, the NSW Police Force and Commission for Children and Young
People.
3.
The purpose of this public hearing is to examine the actions taken by
Scouts NSW, the other institutions examined in Case Study 1 will not be
examined in this public hearing.
4.
The scope and purpose of the present hearing is to inquire into:
a.
The current policies and procedures of Scouts New South Wales in
relation to child protection and child safe standards, including
responding to allegations of child sexual abuse.
b.
Factors that may have contributed to the occurrence of child sexual
abuse at Scouts New South Wales.
c.
Factors that may have affected the institutional response of Scouts
New South Wales to child sexual abuse.
d.
The responses of Scouts New South Wales to relevant case study
report(s) and other Royal Commission reports.
e.
Any related matters.
2
5.
In this public hearing, the Royal Commission will not inquire into individual
sets of facts or particular events. Its purpose is to examine the response
of Scouts New South Wales to the findings of the Royal Commission
arising out of Case Study 1 and the actions the institution has taken to
promote a child safe environment for children and young persons under
its care.
6.
The evidence in this hearing will be by panel.
7.
The members of the Scouts panel will be:
a.
Neville Tomkins, the Chief Commissioner of Scouts NSW;
b.
Andrew Smith, the General Manager of Scouts NSW;
c.
Elaine Heaney, the Child Protection and Issues Manager Officer of
Scouts NSW; and
d.
Christopher Bates, the Chief Commissioner of Scouts Association of
Australia.
Case Study 1
8.
Steven Larkins (Larkins) grew up in the Stockton area of Newcastle. He
was an active member of Scouts NSW from childhood and progressed to
leadership roles in the 1990s.
3
9.
During his time as a Scout leader, Larkins faced child sexual abuse
complaints about his conduct with young Scouts. Later, after joining the
Hunter Aboriginal Children’s Service in 2000, further allegations of
inappropriate conduct arose relating to a young person in his care.
10.
Larkins joined Scouts as a young boy. By 1990, he was a 24-year-old Scout
leader at the First Stockton Scout Troop in Newcastle, NSW. Two years
later, Larkins indecently assaulted a 12-year-old scout (AA) while AA was
staying overnight at Larkins’ home because of a scout activity.
11.
AA did not tell anyone of the assault at the time. He told the Royal
Commission that when the assault occurred he felt ‘belittled, dirty, wrong
and confused’ and ‘didn’t know what [he] had done to deserve this’.
12.
In 1994, Scouts NSW received a complaint that Larkins slept in a tent with
a young boy while on a scout activity. In response, Larkins was ‘stood
down’ from the First Stockton Scout Troop.
13.
However, Larkins promptly joined another troop in Raymond Terrace in
the Hunter region of NSW, where he went on to become a district leader.
14.
The Royal Commission found that the decision to ‘stand down’ Larkins was
ineffective because it was not recognised by other Scout leaders as an
indication that Larkins should not be in charge of young scouts.
4
15.
In 1997 a complaint was made to Armand Hoitink, the Group Leader of
Stockton Scouts, about Larkins’ conduct at Stockton public pool, where he
was buying sweets for children.
16.
The Royal Commission found that Mr Hoitink should have, and did report
the incident involving Larkins at the Stockton public pool in 1997 to a
senior scout member and to the police.
17.
An internal investigation was carried out, during which the previous
incident involving Larkins came to the attention of Regional
Commissioner, Allan Currie. Commissioner Currie issued Larkins with an
‘official warning’ and placed it on his personnel file. No other action was
taken to make Scout leaders aware of the warning.
18.
The Royal Commission found that the ‘official warning’ against Larkins was
not effectively recorded or communicated to those who were responsible
for appointing and supervising leaders within Scouts NSW.
19.
The Royal Commission further found that Mr Currie’s actions in relation
to Larkins in 1997 were influenced by his desire to protect the reputation
of Scouts NSW.
20.
In 1997, Larkins indecently assaulted an 11-year-old scout (AC) while the
boy was staying overnight at Larkins’ home.
5
AC told the Royal
Commission that initially he ‘just froze’ and was ‘petrified as to what was
happening’ to him. He then ran from the room and locked himself in the
bathroom where he stayed all night. AC said that when he returned home
the next morning he went straight to his room and ‘felt it was all my fault’
and that ‘I would get into trouble for what happened and Mum would be
angry with me’.
21.
AC’s mother (AB) reported the assault on her son to the police in 1997,
and the police in Newcastle began an investigation. The police spoke to
Mr Currie who told Hilton Bloomfield, the Chief Executive of Scouts NSW.
22.
The Royal Commission found that Mr Currie and Mr Bloomfield knew at
some time between September and December 1997 that the police were
investigating Larkins over a report of child abuse, yet they took no action.
23.
The ‘official warning’ Scouts had given to Larkins meant he was removed
from weekly ‘face-to-face’ work with young scouts. That action was only
communicated through ‘word of mouth’. It did not prevent Larkins from
attending major scout activities.
24.
The Royal Commission found that Mr Hoitink saw Larkins at Sea World in
January 1998, leading a group of scouts. The Royal Commission was
satisfied that the scouts he led had come from the jamboree at Springfield
and that Larkins was present at the jamboree.
6
25.
The Royal Commission found that the official warning of Larkins by Mr
Currie was ineffective as Larkins was able to be in the company of young
scouts with no other adult present.
26.
In early 2000, AA attended a scout camp. When he saw Larkins at the
camp, AA told a group leader that Larkins had indecently assaulted him as
a child. This led to Mr Currie recommending that Larkins be suspended,
but this was not noted on his member record.
27.
The Royal Commission found that Mr Currie was right to recommend
Larkins’ suspension following the disclosure by AA that he was sexually
abused by Larkins. Scouts NSW responded promptly and suspended
Larkins and provided appropriate support to AA.
28.
The Royal Commission found that Scouts NSW should have, but did not,
permanently record Larkins’ suspension on his member record.
29.
In July 2012, Larkin pleaded guilty to two charges of aggravated indecent
assault, three charges of indecent assault, three charges of possessing
child abuse material and three charges relating to dishonesty offences.
30.
Larkins was sentenced in the Local Court to:
a.
a section 9 bond for three years for the two charges of indecent
assault;
7
b.
12 months imprisonment for the possession of child abuse
material with a non-parole period of 9 months;
c.
18 months imprisonment for the dishonesty offences with a nonparole period of 12 months.
REQUEST FOR DETAILS AND SUBMISSIONS
31.
In May 2016, the Royal Commission requested Scouts NSW to identify
lessons it had learnt from Case Study 1 and action it had taken following
that case study, including in respect of its policies and procedures to
ensure child safety within its organisation.
32.
In September this year, the Royal Commission advertised nationally for
submissions from individuals and institutions on the current child
protection policies and procedures and child safe standards of various
institutions, including Scouts NSW.
33.
Redress was a common theme in the submissions received about Scouts
NSW. The submissions referred to the process of obtaining compensation
including delays in the response from Scouts NSW.
Another issue
concerned communication by Scouts to members when a person who is
participating in Scouts activities is the subject of police investigations.
34.
These issues will be examined in this public hearing.
8
Child Safe Elements
35.
In July this year, the Royal Commission published ten elements which
should be present in a child safe institution. Those elements are:
a.
Child safety is embedded in institutional leadership, governance
and culture.
b.
Children participate in decisions affecting them and are taken
seriously.
c.
Families and communities are informed and involved.
d.
Equity is promoted and diversity respected.
e.
People working with children are suitable and supported.
f.
Processes to respond to complaints of child sexual abuse are child
focused.
g.
Staff are equipped with the knowledge, skills and awareness to
keep children safe through continual education and training.
h.
Physical and online environments minimise the opportunity for
abuse to occur.
i.
Implementation of child safe standards is continuously reviewed
and improved.
j.
Policies and procedures document how the institution is child safe.
9
36.
The proposed child safe elements allow institutions flexibility in their
application. The Royal Commission’s final report will include a volume
dedicated to making institutions child safe. This will include a more
detailed explanation of the proposed child safe elements and the Royal
Commission’s recommendations on the way in which institutions,
governments and communities can better protect children.
SCOUTING IN AUSTRALIA
37.
Scouting is a ‘worldwide youth movement with some 40 million members.
It is a voluntary, non-political, educational movement for young people’.
The Scout program provides a range of activities adapted to the needs of
its community. Activities are based on the interests of the young people
involved, with an emphasis on useful skills and service to others. Many
Scout activities provide opportunities for adventure and challenge and
take place in an outdoor setting.
38.
The Scouts Association of Australia, known as Scouts Australia and its
affiliated branches have a complex organisational structure. The scouting
movement is organised and managed by branches of Scouts Australia,
including Scouts NSW, and delivered by local Scout groups subject to
certain fundamental policies and rules that are agreed upon at a national
level. The relationship between Scouts Australia and its branches is
10
typical of a federated model, involving interdependence between the
branches and joint action between them, through the national body in
matters of common interest.
39.
The mission of scouting is described as being to ‘contribute to the
education of young people, through a value system based on the Scout
Promise and Law, to help build a better world where people are selffulfilled as individuals and play a constructive role in society’. All members
of Scouts Australia are required to demonstrate their commitment to this
way of life, expressed through the Scout Promise and Law.
40.
Scouts Australia itself does not have any members aged under 18 years.
However, there are over 52,000 members of Scouts Australia branches
under the age of 18. Scouts NSW has approximately 14,000 members
under 18 years old.
41.
The Scout program in Australia is delivered in five stages: Joey Scouts
(boys and girls aged 6 to 8 years); Cub Scouts (boys and girls aged 7½ to
11 years); Scouts (boys and girls aged 10½ to 15 years); Venturer Scouts
(boys and girls 14½ to 18 years) and Rover Scouts (young adults aged 18
to 26 years).
42.
Scouts Australia is governed by a National Council which has 100 members
including the Chief Scout of Australia and the Chief Commissioners of each
11
branch. The national rules for the conduct of all sections of Scouts is set
out in the National Policy and Rules. The Chief Commissioners of each
Branch are members of the National Executive Committee.
That
Committee, in conjunction with the branches, has recently developed a
National Child Protection Policy (the National Policy), which was approved
on 20 November 2016. I will discuss this National Policy in more detail
shortly.
SCOUTS NSW’S RESPONSE TO THE FINDINGS OF THE ROYAL COMMISSION
43.
Mr Tomkins will give evidence that as a result of Case Study 1, Scouts NSW
recognised that:
a.
a child safe environment depends on a coherent framework
comprising multiple layers of both proactive preventative measures
and response mechanisms;
b.
an overarching set of clear policies and procedures must be plainly
documented and disseminated to members;
c.
all adult applicants to Scouts NSW must be rigorously screened to
deny admittance to child sexual abusers;
12
d.
adult members, once admitted, must be trained and qualified in
how to treat children, how to identify improper conduct, and how
to respond to such conduct;
e.
internal communications channels must promptly inform members
of changes to the policies and procedures;
f.
children and parents must be made aware of what they have a right
to expect from Scouts NSW, and what to do if their expectations are
not met;
g.
when alleged abusers can be identified, they must be immediately
isolated from children, suspended from all activities of Scouts NSW
and have their records marked so that other members are alerted
to their suspension;
h.
in all cases, relevant authorities must be notified immediately, and
given the assistance they require;
i.
it must work with NSW Police, NSW Family and Community
Services, the Office of the Children’s Guardian and other relevant
NSW Government authorities responsible for administrating child
protection legislation in NSW; and
j.
Scouts NSW must aim to continuously improve its child protection.
13
44.
The Royal Commission anticipates receiving evidence from the Scouts
panel about a number of policy developments in Scouts NSW and Scouts
Australia which demonstrate that Scouts has undertaken significant work
to improve its child safe approach. Scouts NSW policies touch on most of
the Royal Commission’s child safe elements.
45.
There have been some key changes to the way Scouts NSW is managed to
facilitate a focus on, and create a culture of, child safety. It now has a
dedicated Child Protection Team.
46.
Scouts NSW has created a Human Resources and Issues Management
Advisor position to focus on child protection. The Advisor reports to the
General Manager and works closely with the Chief Commissioner, the
Deputy Chief Commissioner Issues Management, and other senior
volunteers. This has provided a single central point of contact for victims
and their representatives to engage with Scouts NSW and reflects a child
focussed approach to human resource management.
47.
Staff recruitment processes and procedures now require adults to
undergo six forms of checks during recruitment. These comprise an
interview, references, restrictions, a Working with Children Check, a
police criminal record check, and the Scouts NSW index of member
behavioural management files. Random and ongoing NSW Police Criminal
14
Record Checks are also carried out on serving leaders. A National Flag
Database has been established. This database provides information on
individuals who are considered not suitable for scouting and all branches
of Scouts Australia contribute and have access to the Database.
48.
Scouts NSW has also adopted actions that support a child safe culture and
the successful implementation of their child safe policies and procedures.
These include the immediate suspension of members who do not provide
a valid Working with Children Check, the requirement of a valid Working
with Children Check for all new adult applicants, and taking action with
respect to members who have not completed mandatory training. Scouts
NSW also has a two-deep leadership policy, which provides that Scout
leaders are never to be alone with a youth member.
49.
In relation to family and community involvement, all policies and
procedures are publically available. Every page of the Scouts NSW website
carries a menu tab marked ‘Parents’. One of its links covers child safety.
The child safety page contains information for parents, links to Scouts
NSW Child Protection Policy and child protection procedures, a statement
that specifies that all adult members must have a verified Working with
Children Check and a link to the annually updated Parents’ Child
Protection Guide.
15
50.
Scouts NSW has a program of induction and continuing education
training. Action may be taken against members who have not completed
mandatory child protection training.
Scouts Australia Policies
51.
As mentioned, the National Executive Committee, in conjunction with the
branches, has recently developed a National Child Protection Policy,
which was approved on 20 November 2016. It was developed in
collaboration with Child Wise.
52.
All scouting branches in states and territories are required to implement
this policy with immediate effect.
53.
The National Policy provides a minimum standard to be adhered to by the
Branches in respect of child protection matters.
54.
Scouts Australia branches are expected to develop and maintain their own
suite of child protection policies and procedures to deal with individual
state legislative requirements and any child safe practices that they wish
to implement which go over and above those prescribed in the National
Policy.
55.
In this respect, Scouts NSW’s specific policies and procedures, including
the standalone child protection policy and procedure it developed in
2014, Leader Guides and Organisation and Information Manual, will
16
continue to run alongside the National Policy. Where they differ from the
National Policy, the National Policy is to be preferred.
56.
Scouts NSW has informed the Royal Commission that its child protection
policy and procedure is presently being audited to ensure compliance
with the National Policy and any amendments are expected to be
completed by the end of the year.
57.
In addition to providing national consistency, the National Child
Protection Policy has a number of strengths, including guidance upon:
a.
Areas of risk of the online environment, including social media and
electronic communication, photographs and digital recording.
b.
It is made clear that Working with Children Checks are only one part
of child safe human resources practices and that other methods are
needed, such as referee checks.
c.
In relation to complaints handling and investigation, four key
principles are set out and there are clear rules regarding the
requirement to report allegations to the authorities, such as the
police or NSW Ombudsman, regardless of legislative ‘mandatory
reporter’ status.
17
58.
Scouts Australia has acknowledged that the National Child Protection
Policy will be subject to ongoing review and further development. Areas
that may need further consideration and which will be explored in the
public hearing include equity and diversity, children’s participation and
the physical environment.
REDRESS
59.
Scouts
NSW
has
publicly
supported
the
Royal
Commission’s
recommendations for a National Redress Scheme.
60.
In addition to holding the position of Chief Commissioner of NSW, Mr
Tomkins also holds the position of Scouts Australia’s National Coordinator
for Redress. As part of that role, he works in collaboration with the
Branches, the National Chief Executive and others to lead the
development of a national redress strategy in scouting.
61.
It is anticipated that Mr Tomkins will give evidence that following the
publication of the Royal Commission’s Report on Redress and Civil
Litigation, Scouts NSW sought to establish a restorative engagement
process with claimants that is in line with the recommendations made by
the Royal Commission.
62.
During the hearing, we will examine the issue of redress and how Scouts
NSW engages with survivors who make a claim for compensation. Scouts
18
NSW has recently informed the Royal Commission that it has engaged a
firm of lawyers to establish a framework to deal with historic child sexual
abuse claims. The progress of this framework will be examined with the
panel witnesses today.
63.
On 4 November 2016, the Commonwealth Government announced the
Commonwealth Redress Scheme for survivors of child sexual abuse in
institutional contexts. That government has invited states, territories and
other non-government institutions to join in the Commonwealth scheme.
The approach that Scouts NSW intends to take in relation to the
government’s national scheme will be explored during this public hearing.
64.
The Royal Commission will now convene the panel of Scouts witnesses.
Gail Furness SC
6 December 2016
19