The head of medical services at the Launceston General Hospital has been accused of showing "an astonishing lack of insight into the pain" he was causing when he said he did not believe the alleged rape of an 11-year-old patient occurred.
Peter Renshaw, who has been in the role since 1989, was giving evidence on Thursday to the Commission of Inquiry into the Tasmanian Government's responses to Child Sexual Abuse in Institutional Settings.
He was asked about the LGH's response to a complaint made by Zoe Duncan in May 2001.
The commission heard Ms Duncan, who had been admitted to the hospital's emergency department, made initial disclosures about a doctor at the LGH, known as Dr Tim*, eventually alleging he raped her.
Dr Renshaw told the commission he did not believe a rape had occurred.
Counsel assisting the commission, Elizabeth Bennett SC, said the commission previously heard evidence that Child Safety Services — on the balance of probabilities — held the view that "a rape did occur".
"It might be open to this commission to find that you are demonstrating an astonishing lack of insight into the pain that you are causing members of [Ms Duncan's] family here today," Ms Bennett said.
Dr Renshaw said he had "no intention of giving any grief or pain", but was "trying to testify to the truth as I understand it".
The commission heard Dr Renshaw only spoke to Ms Duncan once — before the rape allegation was made — and did not make any forensic inquiries after the allegation was made.
Ms Bennett said: "Do you accept that it is open to the commission to find that you are not in a position to give a helpful assessment of whether a rape occurred?"
"I'm sure it is open to the commission to find that," Dr Renshaw said.
He said he was not aware of the child safety evidence until the commission hearing.
"My knowledge of the hospital, of the emergency department and so on, that still makes this an unlikely thing … if child protection has said there is a rape, then there has been a rape."
Ms Duncan's parents, Craig and Anne Duncan, previously gave evidence to the commission.
The Duncans told the inquiry in June that it seemed as though the hospital and department had been interested in protecting their own reputation, and it was unclear whether "key players" were protecting reputations, incompetent, dealing with a poor system of reporting, or worse.
After battling anxiety and severe chronic fatigue, Zoe Duncan died in 2017 from epilepsy complications. She had refused to return to the LGH.
Her parents and sister Amanda Duncan were at the hearing on Thursday.
Complaints against nurse James Griffin
Kylee Pearn told the Launceston General Hospital in 2011 that she had been sexually abused when she was a child by nurse James Geoffrey Griffin years earlier.
She told the commission previously that she met with management, who told her "there was nothing they could do without a conviction".
The commission on Thursday heard human resources (HR) manager James Bellinger did not include the allegation, after he became aware of it in 2019, in reports to the department secretary, an internal investigation the hospital did, or in a response to the Tasmanian Integrity Commissioner who had asked for information, and that Dr Renshaw did not include in documents provided to the department secretary.
Mr Bellinger accepted Ms Pearn had made her disclosure in 2011 and that the HR department had not acted. He said he became aware of Ms Pearn's allegation in 2019, and it was also alleged that HR had failed.
Griffin was charged with offences relating to Kylee Pearn, and others, in 2019.
He was bailed and died by suicide that year before he could be tried.
Ms Bennett put it to Mr Bellinger that: "When the Integrity Commissioner's request came and you were to carry out a further review as part of that request, you knew that you would be investigating the failures of at least your colleagues."
"Yes," Mr Bellinger said. He also agreed he should have asked for an independent or external person to carry out the investigation because it could have been a conflict for HR to be investigating itself.
Ms Bennett read from a hospital report:
"In conclusion, the THS — and that's the hospital — has reviewed all available records and determined that all matters that were raised with the agency were addressed in a manner that was reasonable in the circumstances that existed at that time.
"The decisions made over the past 15 years were without the benefit of the information that now exists as a result of the police investigation [into Griffin] and the management actions cannot be judged with this in mind."
Dr Renshaw was asked about what he did after he found out the hospital had knowledge of Griffin's offending before 2019.
He said he heard about it by way of a "rumour" and it was difficult to act on rumours.
"A paedophile had continued working on a children's ward for a number of years because … the systems and processes at Launceston General Hospital broke down. Do you accept that?" Ms Bennett asked.
"Yes," Dr Renshaw said.
Dr Renshaw will continue giving evidence on Friday.
Health Department secretary Kathrine Morgan-Wicks will also return to give further evidence.
