Identifying systemic gaps in the Department’s policies, procedures and practices in managing child sexual abuse, the report found the Department’s response included a failure to quickly contact the families concerned, apologise and adequately support the children and their families.

The report found that their trauma was exacerbated by the way the Department mishandled the case and failed to check if there were any other victims.

The allegations surfaced when another staff member said they saw the teacher inappropriately touch a student in the playground. The school and department, however, found there was no substance to the accusation.

“Get (the teacher) away from children, I know what I saw,” the witness said at the time.

The teacher stayed employed at the school for two more years before shifting to another government school.

After the teacher moved on, that student and a second student came forward about alleged abuse.

The report found the first child was interviewed without their parents or appropriate expertise, and that the department did not provide the school with accurate advice or support.

It contrasts with the teacher, who was interviewed twice because the first time they did not have a support person.

The first child’s parents did not find out about the playground incident until court hearings years later and both families were left to deal with the abuse on their own.

Victorian Ombudsman Marlo Baragwanath said the community expects that schools and other public bodies will be at their best when ensuring the safety of children in their care.

“Our investigation found that the department provided inaccurate advice to the school to help it respond effectively and failed to support the children and their families when they most needed help,” she said.

“It is wholly unacceptable that a young person should suffer while they are under the care and supervision of a Victorian Government school,” Victorian Department of Education secretary Jenny Atta said in the report. PHOTO: Yoorrook Justice Commission

Baragwanath said the impacts of sexual abuse are serious and long-lasting, and acknowledged the courage of the children and families who participated in the investigation.

“I hope that, in some small way, our report helps the children, and their families recover from the trauma of these incidents and that our recommended reforms ensure no other child or family has to go through what these families experienced,” she said.

The teacher was convicted of child sexual offences against both children.

Victorian Department of Education secretary Jenny Atta said in the report that the department is deeply sorry and committed to learning from what happened.

“It is wholly unacceptable that a young person should suffer while they are under the care and supervision of a Victorian Government school,” she said.

Baragwanath said there is more the department should do “and implementing our recommendations will improve the way it manages child sexual abuse in our schools”.

“Work is underway to ensure victim-survivors, and their families receive the support they need and are treated as people, not litigants,” she said.

The report makes four recommendations to close the systemic gaps identified including:

  • better support for child victim-survivors, their families, principals and other affected parties
  • more emphasis on a “no wrong door” approach for allegations of child abuse
  • greater transparency about sexual misconduct in schools
  • better internal coordination within the Department.

Victorian Premier Jacinta Allan said the state failed these children and more must be done to improve supports.

Sexual Assault Services Victoria chief executive Kathleen Maltzahn said teachers abusing students is frequent and her organisation wants funding to create an emergency response package for schools.

Some 1.5 million Australians aged 18 or over report being sexually abused by an adult before turning 15.

The Department has formally apologised to both children, with one child’s family receiving compensation through a civil claims process and the other child’s family currently seeking compensation from the Department. 

“There are critical lessons in this investigation for everyone that engages with children and families across the Victorian public sector,” Baragwanath said.

“Upholding the rights of the child and ensuring effective, victim-centric systems for preventing sexual abuse from occurring – and responding appropriately if it does – must be at the heart of all departmental policies, systems and actions.”

A 2023 inquiry into child sexual abuse at 24 institutions, including Beaumaris Primary School from the 1960s to the 1990s, found the Department failed to act on allegations and prioritised reputation over safety.

Victims of abuse prior to 2000 have been asked to take part in a truth-telling process, before a statewide apology in 2026.

(With AAP)