If not for the tenacity of staff and victim-survivors of child sexual abuse raising concerns about the "substantial" failures at the Launceston General Hospital, those failures would have gone unknown and unaddressed, Tasmania's child sexual abuse commission of inquiry has heard.
On the commission's final day of public hearings in Hobart, counsel assisting the commission Elizabeth Bennett SC spoke about the hospital's response to allegations of child sexual abuse, including those made against nurse James Geoffrey Griffin, who was charged in 2019 — years after the first complaint was made about him — and who died by suicide later that year.
Ms Bennett told the commission there was a "lack of transparency" in the response to the Griffin allegations, led by the hospital's medical services director Dr Peter Renshaw — and also involving human resources manager James Bellinger — that had "eroded staff and community trust" in the LGH that could have "invited suspicions of a deliberate cover-up" — something that Dr Renshaw and Mr Bellinger have denied.
"We heard that there were failures to record and pass on critical information from and between HR manager Mr Bellinger and Dr Renshaw that was highly relevant to decision-makers in the aftermath of Griffin's stand-down and later death," Ms Bennett said.
"This included critical information they both held about the risks Griffin had posed and the potential link between his offending and hospital patients.
"It is open to the commissioners to find that these omissions had the effect of downplaying the hospital's knowledge and compromising its ability to appropriately respond to staff and community concerns … We are conscious that but for the tenacity of staff and victim-survivors in continuing to raise their concerns leading to this commission, the substantial failures identified in the flow of critical information would have gone unknown and unaddressed."
The commission also heard Dr Renshaw was involved in responding to allegations made by Zoe Duncan that a doctor at the hospital, known as "Dr Tim" had sexually abused her when she was 11 years old.
"Dr Renshaw accepted that he ought to have mandatorily reported the abuse of Zoe Duncan earlier, but otherwise appeared, in our submission, by his demeanour and attempted contextualisation of the actions of Dr Tim, to have failed to grasp the gravity of the allegations made by Zoe Duncan," Ms Bennett said.
"You may find his evidence demonstrated a lack of insight into his role and the impact of his comments that is astonishing for a person who has held a senior role in a hospital for 35 years."
'Unique' cultural issues
The commission has held eight weeks of hearings over several months, in Hobart and Launceston. Its specific focus areas have been the education and out-of-home care systems, the Ashley Youth Detention Centre and the Launceston General Hospital.
Summing up on Tuesday, commission president Marcia Neave said there had been a need for a Tasmanian inquiry.
Ms Neave said the national Royal Commission into Institutional Responses to Child Sexual Abuse made far-reaching recommendations to protect children from abuse, to respond effectively when it occurs, and to support those affected.
"Tasmania has worked to implement those recommendations or some of them, but much more work remains to be done.
"In addition, it's clear from these hearings that there are systemic and cultural issues unique to the state of Tasmania that were not uncovered and addressed by the national royal commission recommendations," she said.
"The commission has heard horrifying evidence about failures in existing systems and cultures.
"While some of these failures occurred many years ago, others are very recent. Many contemporary failures have been shown to have echoes of, or direct links to, past failings."
Ms Neave said problems identified included:
- Some institutional leaders showing limited concern and curiosity about the risks of abuse
- Limited understanding of child sexual abuse and harmful sexual behaviours
- Flawed systems that discouraged children, young people, their families and whistleblowers from coming forward
- Failures to hear the voices of people who already have difficulty in being heard, particularly Aboriginal people
- Limited understanding of trauma in children who may be vulnerable or who have suffered harm before they were sexually abused
- Undue emphasis on prioritising staff and employment processes over children and their safety
- Inadequate mechanisms and practice for information sharing
- Insensitivity to victim-survivors and their families who seek support and redress
Call to manage 'immediate risks' at Ashley
Ms Neave said the commission was "concerned about the immediate safety and wellbeing of children and young people in detention today".
The state government has said it will close the Ashley Youth Detention Centre by 2024 and replace it with two new centres.
The commission, however, has heard evidence that deadline may not be met.
Ms Neave said the commission was also concerned about the government's ability to deliver its proposed youth justice reforms on time.
"This is heightened by the fact that many reviews and recommendations were not acted upon in the past," she said.
"The commission encourages the government to take all appropriate action to manage all immediate risks to the safety and wellbeing of children in youth detention."
What happens next?
Ms Neave said the next phase for the commission was "one of reflection".
She said the commissioners would consider the evidence and other information — gathered during the public hearings as well as in private sessions and from research and documents.
A report and recommendations are due by May.
Ms Neave thanked all the victim-survivors of child sexual abuse, their families and supporters who had contributed to the commission's work.
"We acknowledge your experiences. We have heard your voices and your pain and we are committed to making recommendations that will enable meaningful change in Tasmania so that your experiences are not repeated."
