Qld Minister – Request Immediate removal of Trustees and appointment of administrators to Brisbane Grammar School Petition addressed to : 1. Hon Kate Jones MP (Queensland Minister for Education) 2. Hon Annastacia Palaszczuk MP (Queensland Premier) 3. Hon Yvette D'Ath MP (Queensland Attorney General) Summary Request Pursuant to the Grammar School Act 1975 Part 3A Division 1 Section 46D, 46E (b) and (c) and 46F read in parallel with Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016, it is the view of surviving victims of sexual abuse in Royal Commission Case Study 34, that the Queensland Minister for Education, the Honourable Kate Jones MP must immediately consider the future financial viability of Brisbane Grammar School under the Act and consider the immediate removal of Trustees and appointment of Administrators. The immediate removal of the current Board of Trustees is likely to improve the relationship between surviving victims and the Board in resolving future claims against the School. There is significant tension and a complete breakdown of Trust between surviving victims and the Board of Brisbane Grammar School, caused directly because victims believe a number of Trustees should not under any circumstances remain and be involved in the future processing and settling claims. This includes Mr Howard Stack amongst other Trustees. Background to Submission Surviving victims of Kevin Lynch in Royal Commission Case Study 34 are encouraged by the recent passing of legislation by Queensland Parliament of the Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016. Pursuant to the legislation that was passed that includes Clause 5 Section 48 (1) (2) (a) (b) (c) (d) 48 Transitional provision for Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Act 2016, it is the legal opinion that the insertion of this Section of the Act offers previous sexual abuse survivors in an Institutional context the opportunity for survivors where a Statute Barred defence has been used to seek future redress. This inevitably will have significant financial implications for Brisbane Grammar School. Mr Howard Stack as the current Chair of the Brisbane Grammar Board of Trustees has publicly claimed that the Board and the School is working with surviving victims of Kevin Lynch. However such statements by Mr Stack and the Brisbane Grammar School are in stark contrast to the experiences and reality of surviving victims of Kevin Lynch. It should be on the public record and noted by the Queensland Minister for Education, that a number of surviving victims known to Brisbane Grammar School at the time of the 2002 mediation have still not been settled. This is in direct conflict with what Mr Stack claims in public and his published testimony to the Royal Commission. From published media responses that the School has released, one may ordinarily concluded and be under the impression that all those known at the time of the 2002 mediation have now actually been settled and that all is well. This in fact is not the case, as all is not well with surviving victims. Surviving victims and their families are still incredibly angry at a School that continues to exploit the fragility and vulnerability of all those involved in this horrific case study. There have been multiple victim suicides and little genuine remorse from the School shown. Victims find it impossible to currently work collaboratively with Brisbane Grammar School. Suicide Rates and Mental Health It should be obvious from testimony given at the Royal Commission, that the life chances, well-being and financial independence of surviving victims in Case Study 34 have been impaired in comparison to their peers who attended Brisbane Grammar School. It is the suicide rate of those who attended Brisbane Grammar School and the mental health outcomes that is the most troubling for surviving victims. As the perpetrator was a counsellor, the School do not even understand that victims find it difficult to actually engage with therapy, as there has been so much broken Trust. There is a relatively high number of former students who attended the School, at the time Kevin Lynch was sexually assaulting dozens of students who have tragically ended their lives by committing suicide. The rates of suicide could be explained, by the continual refusal of the School to adequately engage compassionately with victims of the School counsellor Kevin Lynch. It should be noted by the Queensland Minister for Education, that one of the suicide victims includes the son of a current serving Brisbane Grammar Trustee. It is known that this Trustee’s son had problems while attending the School and visited Kevin Lynch with the Trustees full knowledge. It would be irresponsible and a conflict of interest for this Trustee to remain on the Board of Brisbane Grammar School, given the likely fact that a serving Trustee’s son was almost certainly sexually assaulted by Kevin Lynch and was not disclosed to the Royal Commission by Mr Howard Stack as Chair of Trustees. Surviving victims find it abhorrent that the Trustee has chosen to say nothing and side with the School’s response and not even respecting the wishes of victims by tendering resignation. Trustee Tenure Term The 4 year tenure period for the Trustees was due to expire in any event on 14 December 2015, soon after the November 2015 Royal Commission hearing in Case Study 34. Surviving victims would have expected all current serving Trustees to have tendered their resignations from the Board and allowed a reconstituted Board that was not subject to potential conflicts of interest. Surviving victims claim that it is the poor governance of Brisbane Grammar School that allowed such horrific acts of sexual abuse to proliferate. Pursuant to Part 3 Division 1 Section 15 A (c) of the Grammar School Act 1975, the Board of Brisbane Grammar School have breached the Act by not establishing a By Law specifying the number of 4 year tenure terms a Trustee can serve. Consequently Trustees once appointed to the Board of Brisbane Grammar School can remain almost indefinitely. This is not in keeping with the Act. That is unless of course action such as this causes an objection to the appointment of named Trustees directly addressed to the Minister. Mr Howard Stack for example has been on the Board for nearly 26 years and unfortunately in the eyes of surviving victims he needs to be removed along with all of the current serving Trustees to avoid future legal claims needlessly remaining in litigation for many years to come. This certainly will be an ongoing distraction and concern to current students at the School, if the School is forever in the media and in litigation for the Schools previous failings. Refusal to Repay School Fees To clearly and simply demonstrate to the Minister for Education, the significant divide between surviving victims of Kevin Lynch and Brisbane Grammar School, Mr Stack on behalf of the School issued a statement on 12 February 2016 refusing to refund the School fees that were paid by the parents of victims. For a number of victims who may not have been as severely impacted as others, a kind gesture by the School of repaying School fees may in fact have been an adequate financial compensation for some. This Statement refusing to repay school fees was only issued a couple of months after Mr Howard Stack made an admission in Case Study 34 that the School was under financial pressure at the time of the 2002 mediation, as the insurance would not settle all the claims. To victims it feels the School continues to challenge and assert authority, rather than working collaboratively with all victims to enable victims to rebuild their shattered lives. Insurance and Financial Viability From evidence and testimony to the Royal Commission Case Study 34, surviving victims are now well aware of the financial choices the Board of Brisbane Grammar School took when defending claims in 2002 mediation. There is a real and likely prospect the Board of Brisbane Grammar School may not be able to wholly settle future claims via the schools insurance policies. This in of itself may cause the School to become insolvent. Victims have become aware from testimony given by Mr Howard Stack, that one recent claim that was not settled at 2002 mediation, but has recently settled during the period of Notice to Disclose for a total sum including legal costs of $500,000. Mr Stack gave no explanation for the settling of this claim at a figure that is 10 times the average claim of the 2002 mediations. However as there are reported to be in excess of 100 surviving victims, the indicative future cost to the Board of Trustees could now be easily in excess of $50 million. Previous communication with Minister It is understand that it was only after a victim of Kevin Lynch approached the Queensland Minister of Education in 2000, the Honourable Dean Wells (Royal Commission Exhibit QLD.0101.001.0014), that the Minister then wrote to the School asking for information suggesting an inspection. Mr Howard Stack responded by letter dated 12 February 2001 (Royal Commission Exhibit QLD.0101.001.0008) claiming that May 2000 (it would appear he was referring to Nigel Parodi police shooting) was the first time the School were aware of allegations against, the School counsellor Kevin Lynch. However the School received notification from St Pauls via Mr Bernard Yorke on 10 November 1998 (Royal Commission Exhibit DOC.370.001.0039) regarding allegations about the conduct of Kevin Lynch that had surfaced after his arrest and death in January 1997. The headmaster at the time, Dr Lennox responded to Mr Yorke on 17 November 1998 (Royal Commission Exhibit ASQ.220.005.0390) Given that this is a period of some 7 days between Mr Bernard Yorke writing to Brisbane Grammar School and the School responding, this is therefore highly unlikely to have been a comprehensive review of the counsellors conduct. It is also unclear if the Brisbane Grammar Board of Trustees at the time authorized the response by Dr Lennox. Given the extent and the future financial implications the School has now incurred and is now likely to significantly increase, it was a huge failing of the School at the time of Mr Yorke’s letter of November 1998 to not have commenced a full investigation. It is suggested to the Minister, if Mr Stack had not been so economical with the truth in his response dated 12 February 2001, The Minister at the time may have ordered an immediate inspection of Brisbane Grammar School. It is imperative that an investigating now commence with the Minister appointing an administrator to the School to oversee the full settlement of claims. This notification should be on the public record and we respectfully request the Minister to directly respond , that as a group of surviving victims of Kevin Lynch, we state as follows : Summary 1. WE HAVE NO CONFIDENCE in Mr Howard Leigh Stack as Chair of Board of Trustees of Brisbane Grammar School in acting in the best interests of both the School and its Stakeholders including current students attending the School and also importantly all the victims of Kevin Lynch who are likely to continue to seek adequate quantum compensation from the Institution that failed in adequately educating them. 2. WE HAVE NO CONFIDENCE in the remaining members of the Board of Brisbane Grammar School Trustees named as follows Mr Christopher Arthur Morton, Dr John Michael Fenwick, Professor Doune McDonald, Ms Susan Joy Palmer, Mr Stephen Edward Lonie and Mr Paul Joseph Braddy. 3. We HAVE NO CONFIDENCE in the Senior leadership of the Brisbane Grammar School including current Headmaster Mr Anthony Micallef We asked that the Minister immediately consider the points as outlined and respond accordingly Statement by Victims of Kevin Lynch in Royal Commission Case Study 34