Page 355 - Week 03 - Thursday, 1 June 1989
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QUESTIONS WITHOUT NOTICE
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SCHOOLS AUTHORITY TRIBUNAL
MR STEFANIAK: My question is effectively to the Minister for Education, Mr Whalan, although it does have ramifications for the Chief Minister as representing the justice interest in the Territory. I received a phone call today from a concerned parent whose daughter was about to give evidence before a Schools Authority tribunal appeal held in Canberra. That related to a number of girls, some seven in all, who were called to give evidence in relation to the appeal by a teacher who had been suspended from the Scullin primary school for alleged sexual assaults last year.
Last year the Schools Authority took evidence, following the recommendations of the Law Reform Commission by way of video evidence, in relation to allegations these 12-year-old girls had made of sexual assault. The teacher was suspended as a result. He has appealed, and the case is now before a tribunal consisting of two teachers and a legally qualified representative from the Schools Authority. He is represented by a lawyer and the case for the Authority in respect of the allegations is being presented by the Australian Government Solicitor.
Mr Wood: We do not need the name of the school bandied around, do we?
MR STEFANIAK: I understand that school does not exist any more. My question is as follows: The girl's parents wish to remain in the court precincts when the evidence is being taken. That is normal judicial procedure in the ACT Magistrates Court and also in the Supreme Court. Despite the representations made by the Australian Government Solicitor that that be so - - -
MR SPEAKER: Order! I request the member to be brief with his question.
MR STEFANIAK: Yes, Mr Speaker. The tribunal has refused to allow that to happen. My question is: Would the Chief Minister, on behalf of the Government, ensure that for the remainder of this tribunal and in any future instances parents are allowed to sit in court whilst the evidence of their girls is being taken and whilst they are being cross-examined?
MS FOLLETT: I thank Mr Stefaniak for his speech on this matter. As Mr Stefaniak says, the current disciplinary appeal hearing arose from a former teacher's appealing against his dismissal by the Chief Education Officer on the basis of findings of misconduct. The Teaching Service Act
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