Sharing all the Victorian Government's information in one place, on the Board of Inquiry into historical child sexual abuse at Beaumaris Primary School and certain other government schools, which is now open. To assist everyone who wishes to make a submission to this inquiry, which includes survivors, family, friends, service providers, clinicians and support workers, advocacy groups, members of affected communities, peak bodies, academics, organisations and legal firms.
We are disappointed that the scope of inquiry is limited to three perpetrators of child sexual abuse and the government schools at which they offended. We note:
"the Inquiry will consider all information that it receives and determine how it is relevant to its terms of reference"
provides no guarantees it will consider information about other alleged perpetrators of child sexual abuse beyond three known perpetrators of child sexual abuse at Beaumaris Primary School.
The prevalence of historic child sexual abuse in Victorian government schools is known.
It is devastating that the Victorian Government has chosen not to follow the example of the Tasmanian Government's Commission of Inquiry into the Tasmanian Government's responses to Child Sexual Abuse in Institutional Settings which included allegations of child sexual abuse in all Tasmanian Government schools.
We will continue to raise our concerns with the Victorian Government about the extremely limited scope of this investigation, a decision which feels politically expedient.
The Victorian Government is conducting an investigation into three alleged perpetrators of child sexual abuse, some previously charged and facing charges, whom Stuart Grimley named, along with others, in Parliament last year.
The government already holds knowledge on these three individuals, why it is possible for the Board of Inquiry to be completed in such an extremely short period of time, requiring the allocation of a relatively small budget.
We are concerned the extremely short time in which to provide information to the Board of Inquiry - 7 September 2023 until 12 October 2023 - does not provide people with enough time to sit with, and consider, whether they wish to share their story - their experience as a victim/survivor, family member, friend etc. - potentially for the first time. This short timeframe isn't trauma informed.
The limited scope of the inquiry also limits the government's legal and financial exposure to claims from victim/survivors.
One of the benefits and advantages for the Victorian Government, which we feel comes at the cost of what is morally right and fair, for all victim/survivors of child sexual abuse in Vcitorian government schools and institutions.
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Focus
"Chaired by Kathleen Foley SC, the role of the Board of Inquiry is to inquire into, report on and make recommendations regarding historical child sexual abuse in Beaumaris Primary School and certain other government schools.
You can read the Inquiry’s full terms of reference via this link (PDF, 430KB).
Currently we understand 18 Victorian government schools are within the scope of our terms of reference. We will update this list promptly in the event more schools are identified.
Beaumaris Primary School
Moorabbin (Tucker Road) Primary School, now Tucker Road Bentleigh Primary School
Mount View Primary School
Warragul Technical School, now Warragul Regional College
Dandenong North Primary School
Dandenong West Primary School
Beaconsfield Upper Primary School
Mirboo Primary School, now Mirboo North Primary School
Emerald Primary School
Cranbourne Primary School
Bunyip Primary School
Tarwin Lower Primary School
Hampton Primary School
Aspendale Primary School
Belvedere Park Primary School
Ormond East PS now McKinnon Primary School
Tarraville Primary School (now closed)
Moorabbin West Primary School (now closed)
The Inquiry is aware of at least three alleged perpetrators of child sexual abuse who are within the scope of our terms of reference. At this point in time, the Inquiry can name one of these perpetrators to assist victim-survivors' participation: Gary Arthur Mitchell – a former teacher at Beaumaris Primary and other government schools.
When circumstances allow us to provide names of other staff members, we will do so."
Information about how the Inquiry was set up, Chair, and key dates.
"Thank you for your interest in the Board of Inquiry and our work. Our role is to inquire into, report on and make recommendations regarding historical child sexual abuse in Beaumaris Primary School and certain other government schools. The Chair of the Inquiry is Kathleen Foley SC.
On 28 June 2023, the Lieutenant-Governor, on the recommendation of the Premier established the Inquiry under section 53(1) of the Inquiries Act 2014 (Vic).
The Victorian Government has acknowledged that there was child sexual abuse involving a number of staff at Beaumaris Primary School during the 1960s and 1970s, and that these staff worked and allegedly perpetrated abuse in other government schools.
The Inquiry gives victim-survivors and their families, friends and supporters (secondary victims) the opportunity to put their experiences on the public record. In doing so we seek to support the process of healing for everyone affected by this abuse, and to develop a shared understanding of the impact of the abuse among Victorians.
We will make findings and recommendations in accordance with our terms of reference. This includes the response of the Department of Education at the time, appropriate ways to support healing, and effective support services.
As we undertake our work, our priority is the ongoing safety and wellbeing of victim-survivors and secondary victims. We acknowledge the impact of the abuse that was experienced, the resulting trauma that has endured, and the profound bravery of victim-survivors, including those no longer with us, regardless of their level of engagement with this Inquiry.
Wherever possible, this Inquiry will seek to support, and be guided by the needs of, victim-survivors within the scope of our terms of reference. This includes giving victim-survivors choice about how they engage with the Inquiry and how we treat any information they provide to us.
Chair of the Board of Inquiry
Kathleen Foley SC is a Victorian barrister. She commenced work at the Victorian Bar in 2009 and was appointed Senior Counsel in 2021. She was appointed to the Victorian Law Reform Commission in November 2020 as a part-time commissioner. During her time at the Victorian Bar, Ms Foley has served as a member of the Victorian Bar Council and as a member of the executive of both the Commercial Bar Association and the Women Barristers Association. Ms Foley’s practice at the Bar is diverse and has included work involving institutional child sexual abuse.
Prior to her admission to the Victorian Bar, Ms Foley worked at an attorney in New York and as a solicitor in Western Australia. She was also an Associate to Justice Hayne of the High Court of Australia.
In 2016 Ms Foley was awarded the Victorian Bar’s Susan Crennan AC QC award for her pro bono work.
She holds a Master of Laws from Harvard Law School, and a Bachelor of Laws (Honours) and Bachelor of Arts from the University of Western Australia.
Counsel assisting
Fiona Ryan SC and Kate Stowell are Victorian barristers. You can read their profiles through the following links to the Victorian Bar website.
Fiona Ryan SC
Kate Stowell
Report due date
The Inquiry’s report is due to be delivered by 28 February 2024.
A note on language
The Inquiry acknowledges that language is subjective and that the words used in our work may not always reflect the experiences or preferences of everyone. We appreciate this may be upsetting for some people. To explain why some terms are used in our work we have written a note on language. We welcome feedback on the terms we use in our work."
Share your experiences
"Listening to and learning from the experiences of victim-survivors and their families, friends and supporters (secondary victims) is at the heart of the Inquiry.
Victim-survivors as well as other people or groups, can engage with us in many ways. Over the course of the Inquiry there will be opportunities to meet with us, make submissions, participate in private hearings and attend our public hearings.
Those who might wish to engage can include:
victim-survivors
secondary victim-survivors (such as partners, children, parents, siblings and extended family)
service providers, clinicians and support workers
advocacy groups
members of affected communities
peak bodies
academics
legal firms.
If you are uncertain about whether to share your experiences with the Inquiry (including because you are uncertain whether your experiences are within the scope of our terms of reference), please contact us via telephone (03) 8301 0102 or via email contact@beaumarisinquiry.vic.gov.au.
Confidentiality or non-disclosure agreements
Victim-survivors who have previously signed confidentiality or non-disclosure agreements with the Department of Education as part of any settlement of child sexual abuse claims are still able to freely speak to the Inquiry. The Department of Education has advised that it will not require victim-survivors to comply with these obligations.
If you would like more information about the Department of Education’s position on these issues, please contact us via telephone (03) 8301 0102 or via email contact@beaumarisinquiry.vic.gov.au.
Make a submission
Submissions will be an important way for the Inquiry to listen to and learn from victim-survivors and others.
The submission process will be open from 7 September 2023 until 12 October 2023.
Submissions may take the form of text, audio, images, video or other document formats. You are encouraged to share your experiences in whatever format is best for you.
How to prepare your submission
Before you make a submission, please ensure you have read the Submission Information Sheet. This document outlines important questions to help guide your submission.
Submission information sheet PDF 146.79 KB
You can choose to make a submission on the basis that it may be:
Public: The entire submission may be published, including the name of the individual, group or organisation.
Anonymous: The submission may be published, but all identifying information will be removed.
Confidential: The submission will not be published and will be used to inform the Inquiry’s considerations only.
How to lodge your submission
Online
Make a submission
By Post
If you or your group or organisation would like to make a submission via post, please send with the Submission Cover Sheet.
Submission cover sheet PDF 97.35 KB
Send the Submission Cover Sheet along with your submission to:
Beaumaris Board of Inquiry
PO Box 18092, Collins Street East, VIC, 8003.
Private hearings
Private hearings are another important way for the Inquiry to listen to and learn from victim-survivors and others.
We understand that not all individuals wish to participate in public hearings.
We are committed to ensuring that all individuals have the opportunity to share their experiences in the way that is best for them.
If you are uncertain about whether to share your experiences with the Inquiry (including because you are uncertain whether your experiences are within the scope of our terms of reference), please contact us via telephone (03) 8301 0102 or via email contact@beaumarisinquiry.vic.gov.au.
Private hearings will be held from September 2023 to December 2023. We will work with you to try to schedule the time that best suits you.
Private hearings will be held in Melbourne’s CBD. We will consider the preferences and needs of the individual wherever possible.
How to register for a private hearing
Online
Before you register for a private hearing, please ensure you have read the Invitation to participate in private hearings. This document outlines important information about our private hearings.
Invitation to participate in private hearings PDF 70.07 KB
Register for a private hearing
By Phone
If you would like to register for a private hearing or have any further questions, please call (03) 8301 0102.
FAQs
Frequently asked questions about the Board of Inquiry into historical child sexual abuse at Beaumaris Primary School and certain other government schools.
Why is this Inquiry happening?
The Victorian Government has acknowledged that there was child sexual abuse involving a number of staff at Beaumaris Primary School during the 1960s and 1970s, and that these staff worked and allegedly perpetrated abuse in other government schools.
The Inquiry gives victim-survivors the opportunity to put their experiences on the public record. In doing so we seek to support the process of healing for everyone affected by this abuse, and to develop a shared understanding of the impact of the abuse among Victorians.
Why is the Inquiry only focused on Beaumaris Primary?
The Inquiry’s focus is determined by its terms of reference. The Inquiry will look at historical child sexual abuse at Beaumaris Primary School and at other Victorian government schools where relevant staff from Beaumaris Primary School also worked and allegedly perpetrated abuse.
What is meant by ‘certain other government schools’?
Certain other government schools refers to other Victorian government schools where relevant staff from Beaumaris Primary School also worked and allegedly perpetrated child sexual abuse.
Currently we understand 18 Victorian government schools are within the scope of our terms of reference and more may be identified as we progress our work. A full list of known schools can be found on the Our focus page.
We will update this list promptly in the event more schools are identified.
Will the Inquiry look at abuse that has occurred in all government schools?The Inquiry is examining historical child sexual abuse by relevant staff from Beaumaris Primary School, including where they worked and alleged perpetrated abuse at certain other government schools. The Inquiry will consider all information that it receives and determine how it is relevant to its terms of reference.
What is the significance of selecting 1999 as the cut-off date?
This term “historical child sexual abuse” is defined in our terms of reference to mean sexual abuse of a child in a government school by a staff member employed by the Department of Education in a government school, where that abuse occurred prior to 31 December 1999.
This is the definition that we understand is used by the Department of Education.
Will the Inquiry turn away victim-survivors not in scope of its Terms of Reference?
We encourage anyone who thinks they might have relevant experiences or information to contact the Inquiry.
The Inquiry is committed to offering a safe and meaningful environment for engagement, and understands how difficult it can be for victim-survivors to come forward. While we are required to operate within our terms of reference, we will assist other victim-survivors of child sexual abuse to access the services and supports they might need.
Can victim-survivors who have previously been through civil proceedings and signed confidentiality or non-disclosure agreements speak to the Inquiry?
Yes, the Department of Education has assured us that victim-survivors who have signed confidentiality or non-disclosure agreements with the Department as part of any settlement of child sexual abuse claims are able to freely speak to the Inquiry.
If you would like more information about the Department of Education’s position on these issues, please contact us via telephone (03) 8301 0102 or via email contact@beaumarisinquiry.vic.gov.au.
How is the Inquiry going to reach victim-survivors, given such short timeframes?
The Inquiry must deliver its report by 28 February 2024 and we understand this is not a long time away.
We encourage everyone to come forward to share any relevant experiences or information.
We understand it can take time to decide whether to participate in an Inquiry like this one. If you feel comfortable and think your experiences are relevant or it might be valuable for you, we encourage you to come forward. We will do everything we can to support your involvement with the Inquiry.
Depending on your circumstances you may wish to speak with your family, friends, GP, or other supports such as a counsellor or lawyer or you can contact us via telephone (03) 8301 0102 or via email contact@beaumarisinquiry.vic.gov.au.
How is the Inquiry ensuring the safety and wellbeing of victim-survivors?The Inquiry intends to conduct a thorough examination of all information placed before it. We are very aware of and sensitive to the fact that there are current criminal and civil proceedings underway and we do not want our Inquiry to prejudice those proceedings.
We will ensure that we take into consideration any such proceedings so that this Inquiry can do its work without prejudicing those processes and any matters currently before the courts.
How is the Inquiry ensuring that victim-survivors testimony does not prejudice other criminal or civil proceedings?
The Inquiry intends to conduct a thorough examination of all information placed before it. We are very aware of and sensitive to the fact that there are current criminal and civil proceedings underway and that information relevant to those involved may arise during the course of the Inquiry.
We will ensure that we take into consideration any such proceedings so that this Inquiry can do its job without prejudicing those processes and any matters currently before the courts.
When will the report become available?
The Inquiry must deliver its report by 28 February 2024. The Victorian Government will provide further information about any release of the report publicly following this step.
SubmissionsHow can I make a submission?
Submissions can be made by filling out your information on this form. The submission process is open from 7 September 2023 until 12 October 2023.
Submissions may take the form of text, audio, images, video or other document formats.
If you need assistance to make a submission, please contact us.
If you need more time to make your submission, please get in contact with us to discuss your circumstances and options.
Who can make a submission?
Submissions are open to any interested member of the public, group or organisation. This may include, but is not limited to:
victim-survivors
secondary victim-survivors (such as partners, children, parents, siblings and extended family)
service providers, clinicians and support workers
advocacy groups
members of affected communities
peak bodies
academics
legal firms.
Can I read submissions?
Yes, however not all submissions will be made available.
People may choose to make their submissions confidential, meaning they will not be made public in any way. They may also choose to make their submissions anonymous, meaning all identifying data will be removed before being made public.
Submissions that are made without a request for anonymity or confidentiality will be carefully reviewed by the Inquiry before they are published. The Inquiry may remove or redact (black out) parts of submissions for legal, privacy and/or safety reasons. The Inquiry reserves the right not to publish any submission at all if it considered it inappropriate to do so.
They will be made available on our Submissions page as they become available.
Hearings
What is a private hearing?
The Inquiry is holding private hearings with some victim-survivors to listen to and learn from their experiences.
Private hearings will be held in Melbourne’s CBD. We will consider the preferences and needs of individuals wherever possible.
Private hearings provide a way to engage with the Inquiry and share deeply personal experiences in a safe, private and trauma-informed environment.
The information shared in private hearings will be used to inform the Inquiry understanding of the relevant issues and its ongoing work.
An individual can choose whether the information provided in the private hearings will be treated as public, anonymous or confidential.
Private hearings will be conducted in a trauma-informed way. There will be trained social workers or counsellors to provide support throughout the private hearing process.
Who can register for private hearings?
The Inquiry is open to hearing from victim-survivors, their family, friends, loved ones or other supporters.
If you are uncertain about whether to share your experiences with the Inquiry (including because you are uncertain whether your experiences are within the scope of our terms of reference), please contact the Inquiry via telephone (03) 8301 0102 or via email contact@beaumarisinquiry.vic.gov.au.
What is a public hearing?
Public hearings are an opportunity for witnesses to provide evidence to the Inquiry under oath or affirmation. Public hearings are a formal setting, where evidence is presented publicly and can be examined and tested.
The purpose and structure of public hearings depends on the focus of the hearing. For example, some public hearings may involve victim-survivors and secondary victims sharing their experiences, while other may involve the State of Victoria and expert witnesses answering questions.
There are certain legal requirements related to public hearings that are outlined in Practice Direction No. 5: Public Hearings, which can be viewed on the How the Inquiry works page.
Who takes part in public hearings?
The Inquiry will decide which witnesses will participate in the public hearings informed by our terms of reference. If you are a victim-survivor or a family member, friend, loved one or supporter of a victim-survivor and think that you might want to participate in a public hearing, please contact us or register for a private hearing as a first step.
How can I attend a hearing as an observer?
Generally, members of the public can attend public hearings subject to the availability of space. Hearings can also be watched live on the Inquiry’s website. A hearings schedule will be provided on this website and you can find our more on our Hearings page or via our phone line (03) 8301 0102.
How can I stay up to date if I miss a hearing?
You can read the transcripts and available witness statements on our hearings page. Please note it may take a little while for the transcript to be uploaded once the hearing has concluded.
Where can I read a transcript?
You read the transcript of a hearing on our hearings page. Please note it may take a little while for the transcript to be uploaded once the hearing has concluded.
Inquiry powers and processesIs an Inquiry the same as a Royal Commission?
A Board of Inquiry and a Royal Commission are similar, but they are not the same.
They are similar in that:
both have ‘Terms of Reference’ which set out the scope of the inquiry and what they must cover in their report;
both have powers to obtain documents and information from individuals or organisations, including the Victorian government;
both can require someone to be a witness;
if someone is required to give evidence before a Royal Commission or a Board of Inquiry, and they do not comply with that requirement, in some circumstances they can be charged with a criminal offence. If someone knowingly makes a false or misleading statement, they can also be charged with an offence.
Some of the differences between a Royal Commission and a Board of Inquiry are that:
an Inquiry cannot force someone to disclose confidential communications between that person and their lawyer;
in an Inquiry, a person can refuse to answer a question if they think answering it might tend to incriminate them or make them liable to a penalty; and
an Inquiry cannot obtain search warrants and seize documents.
What will happen to the information I give to an Inquiry?
The Inquiry can use the information you provide to inform its work and ultimately its findings and recommendations. The Inquiry may publish the information you give it in its report.
If you don’t want your information to be made public, you can ask for the information to be treated confidentially or anonymously. You can also ask the Inquiry to restrict its publication. Not all information can be restricted: it may depend on the nature of the information and the reasons why you want it to be restricted. If you want your information to be restricted then you should raise that issue with the Inquiry when you provide your information.
The Board’s report will be delivered to the Governor. The Governor will then give the report to the Premier.
The Premier has 30 days to table the report in the Parliament to make it public. There may be reasons as to why the Premier does not do that. If that is the case, the Premier must make a statement of those reasons.
What if I don’t want my identity revealed?
In some circumstances, the Inquiry can accept information from anonymous sources. The Inquiry can also accept information on a confidential basis.
If you wish to provide information to the Inquiry on a confidential basis, the Inquiry will not publish your information or disclose your identity. It will only use the information to inform its work.
If you wish to provide information to the Inquiry on an anonymous basis, the Inquiry will generally refer to you using a pseudonym (a made up name) and not publish information which may identify you.
The Inquiry may be legally required to disclose some information or if it identifies a risk to the safety, health or wellbeing of someone, for example a child at risk of abuse.
If the information you give is going to be used to make adverse findings against another person, the Inquiry is required to disclose that information to that other person so that they can respond. This might include disclosing your identity.
Can the Inquiry force a person to give evidence?
Generally, the Inquiry will discuss with a victim-survivor or secondary victim if they wish to give evidence and be guided by their preferences.
Otherwise, the Inquiry might decide that it needs a person (for example, a former staff member) to give evidence and might need to disclose that person’s identity as part of that process.
If the Inquiry requires you to give evidence or appear as a witness:
you must comply with that request;
you are entitled to refuse to give any evidence that might tend to incriminate you or subject you to a civil penalty; and
you may be able to apply to the Inquiry for a restricted publication order to restrict publication of your identity or of the information that you give to the Inquiry. This is something you should discuss with your lawyer or with the Inquiry's lawyers after you receive notice that you are required to give evidence.
I am concerned about negative consequences for me if I give information or evidence.
The Inquiries Act 2014 contains certain protections for those who provide information to a Board of Inquiry. Those protections include:
protection from being sued because of the information or evidence a witness gives;
the information cannot be used against a witness in other proceedings (subject to limited exceptions)
others cannot hinder or obstruct a witness from participating in the Inquiry’s proceedings; and
protection from detrimental action (including dismissal) from an employer because of information an employee gives to the Inquiry.
More information about these protections can be viewed on this page.
If you are concerned about providing information to the Inquiry, please speak to a lawyer. The Inquiry cannot give you legal advice.
If you need legal advice, you can contact Victoria Legal Aid or JusticeConnect."