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Royal Commission Into the New South Wales Police Service

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Royal Commission Into the New South Wales Police Service ROYAL COMMISSION INTO THE NEW SOUTH WALES POLICE SERVICE FINAL REPORT VOLUME IV: THE PAEDOPHILE INQUIRY Commissioner: The Hon Justice JRT Wood August 1997 ISBN 07313 0916 2 (set) 07313 1134 5 (v. 4) 07313 1135 3 (v. 5) 07313 1136 1 (v. 6) © The Government of the State of New South Wales 1997. ROYAL COMMISSION INTO THE NSW POLICE SERVICE 26 August 1997 The Hon RJ Carr MP Premier of New South Wales Governor Macquarie Tower 1 Farrer Place SYDNEY NSW 2000 My Dear Premier Pursuant to Letters Patent issued to me by the Government of the State of New South Wales, I now have the honour to present to you the Final Report of my inquiry into paragraphs (d), (d1) to (d3) and (g) to (j) inclusive of the consolidated terms of reference (the Paedophile terms). Yours sincerely The Hon Justice JRT Wood Royal Commissioner GPO Box 3880 SYDNEY NSW 2001 Phone (02) 9321 6700 · Freecall 1 800 657 079 · Fax (02) 9321 6799 Please address all correspondence to the Executive Director TABLE OF CONTENTS VOLUME IV: THE PAEDOPHILE INQUIRY Explanatory Notes xxi Abbreviations Used in this Report xxii PREFACE 561 CHAPTER 1 - INTRODUCTION 564 A. PUBLIC INQUIRY INTO PAEDOPHILIA - A BACKGROUND 564 First Warnings of a Problem 564 Reference to the ICAC 565 Transfer of the ICAC Reference to the Royal Commission 566 Further Enlargement of the Royal Commission Terms of Reference 568 B. THE TERMS OF REFERENCE - PAEDOPHILIA 570 Definition in Clinical Medical Practice 571 Dictionary Definition 571 Legislative Definition 573 Other Definitions 574 Definition used by Royal Commission 574 C. THE ROYAL COMMISSION INQUIRY 576 Hearings 576 Focus of Royal Commission 578 Selection of Cases for Investigation 579 Support of Witnesses 580 Outcome in Summary 581 Developments 581 CHAPTER 2 - DEALING WITH CHILD SEXUAL ABUSE AND PROTECTION: AN OVERVIEW 585 A. THE SYSTEM 585 Agencies Involved 585 The Department of Community Services 587 The Department of School Education 589 The NSW Health Department 590 The NSW Police Service 591 Office of the Director of Public Prosecutions 591 The NSW Child Protection Council 592 The Courts 594 Department of Corrective Services and Department of Juvenile Justice 596 Non-Government Agencies or Institutions involved with the Protection and Care of Children 598 i Summary 598 B. OBSTACLES TO THE INVESTIGATION AND PROSECUTION OF CHILD SEXUAL ABUSE 599 Disclosure or Reporting of Child Sexual Abuse 600 The Investigation Process 602 The Prosecution Process 603 Summary 604 CHAPTER 3 - THE PAEDOPHILE OFFENDER 605 A. THE PROBLEM OF CHILD SEXUAL ABUSE 605 Incidence of Abuse 606 The Nature of Sexual Relationships with Children 608 B. THE FAMILIAL OFFENCE 611 C. THE EXTRAFAMILIAL OFFENCE 614 D. ABUSE BY ADOLESCENTS 616 E. ABUSE BY WOMEN 617 F. RECRUITMENT OF VICTIMS AND NETWORKING 618 The Familial Relationship 618 The Extrafamilial Relationship 618 Networks 621 Paedophile Promotion Groups 624 G. RECIDIVISM 625 H. VULNERABILITY TO EXTORTION 626 CHAPTER 4 - RECOVERED MEMORIES 627 A. VALIDITY OF UNDERLYING THEORY 627 The Processes Involved 628 Concealment 629 Recovery 629 ii The Proponents of Recovered Memory 631 The Opponents 633 Current Trend of Opinion 634 Therapeutic Outcome 636 B. LAW ENFORCEMENT 636 The Complainant’s Evidence 637 Expert Evidence 639 C. CONCLUSIONS 640 CHAPTER 5 - SATANIC RITUAL ABUSE 642 A. DEFINITIONAL ISSUES 642 B. SRA - FACT OR FICTION? 644 Alternative Explanations 645 C. TASK FORCE DISK 648 Background to Task Force Disk 648 D. CONCLUSION 654 CHAPTER 6 - THE NSW POLICE SERVICE (I) - APPROACH TO THE INVESTIGATION OF CHILD SEXUAL ABUSE 658 A. INVESTIGATIVE STRUCTURE 658 The 1980s 658 Police Instruction 35 658 The Child Mistreatment Unit 658 The Juvenile Crime Squad 659 Criminal Assaults Complaints Course 660 1984 Child Sexual Assault Task Force 660 Policy and Procedural Guidelines 1984 660 The Juvenile Services Bureau 661 1985 NSW Child Sexual Assault Programme 661 Regionalisation 1987: CMUs Established in Regions 662 Juvenile Unit - Tactical Intelligence Section 662 Children (Care and Protection) Act 1987 663 Police Instruction 35 Amended 663 Police Instruction 67 663 1989 Initial Response Officer’s Course (IROC) 664 The 1990s 664 South West Region: A Solution? 664 State of Progress 665 1990 Police Service Guidelines 666 1990 Ombudsman Report 666 1991 CPC Interagency Guidelines 666 1990-1992 Evaluation of Child Mistreatment Cases 666 The Gull Report and Project Kestrel 667 1993 Action Plan for the Investigation and Management of Child Abuse 668 Task Force Colo 668 Further Attempts to Establish a Specialised Paedophile Unit 669 Joint Investigations 671 Summary of Progress Prior to Royal Commission 672 Developments During the Royal Commission 674 iii Joint Investigation Teams 678 1996 Working Party on Working Together 679 Paedophile Intelligence and Information 681 1997 Interagency Guidelines 681 Expert Children’s Centre 682 Conclusion 682 B. THE SPECIAL DEMANDS OF CHILD SEXUAL ABUSE INVESTIGATION 682 Stress 682 The Problem 682 Conclusions 684 Training 685 Past Experience 685 Conclusions 686 C. PREFERRED POLICING STRUCTURE 688 The CPEA 688 The NSW Crime Commission 688 The JITs and CPITs 689 The Child Protection Directorate 691 Children’s Commission 691 RECOMMENDATIONS 693 CHAPTER 7 - THE NSW POLICE SERVICE (II) - SOME CASE STUDIES 695 A. ARRANGEMENTS WITH SUSPECTED OFFENDERS 695 Fisk and his Associations 695 K Roo 696 Alleged Insurance Fraud - June 1985 697 Alleged 1985 Extortion 698 Alleged 1987 Extortion 700 Operation Hawkesbury 1989 701 Undertakings not to Prosecute 704 Operation Gull 705 Conclusion 708 B. THE KINDERGARTEN CASES 708 The Seabeach Kindergarten 708 First Disclosure 709 A Surveillance Operation 710 More Complaints 711 The Motel 712 The Medical Evidence 712 Search Warrants 713 Identification 714 The Derens are Charged - Fluit Requests Help 717 The DPP Involvement 718 FACS Involvement 718 More Complaints 719 An Offer of Help from the CMU 720 The Private Investigator 720 Preparation for Committal 721 The Committal Proceedings 724 Review of the Seabeach Case 727 North Shore Kindergarten 729 Background 729 iv Concerns in relation to the Investigation 731 Conclusion 732 C. PARTIALITY 732 Inquiry 1 733 Inquiry 2 734 Inquiry 3 735 Initial Investigation into the Complaint 735 Complaints to the Ombudsman and the ICAC 736 Conclusion 740 Inquiry 4 741 Inquiry 5 743 Chronology of Royal Commission Investigation 743 Action by the Police Service 747 July 1980 - Wynyard Station 747 12 December 1988 - Central Railway Station 747 1989 - Wynyard Station 748 18 October 1990 - Wynyard Station 748 Special Branch Involvement 750 Rumours Concerning the Judge 751 Decision to Retire 754 Complaint to ICAC 754 Subsequent Disclosure 757 Conclusion 757 Inquiry 6 758 Bevan’s Public Profile 758 Complaints to Police 759 1979 Consorting Squad Entry 759 1982 Complaints 759 1983 Complaints 760 1984 Complaint 760 1990 Information 762 Royal Commission Inquiries 762 Conclusion 767 Inquiry 7 768 CHAPTER 8 - DEPARTMENT OF COMMUNITY SERVICES 770 A. DEPARTMENT OF COMMUNITY SERVICES PROCEDURES 771 Organisation and Structure for Child Care Services 771 Intake and Assessment 773 B. REVIEWS OF CHILD PROTECTION PROCEDURES 777 Child Sexual Assault Task Force - 1984-1985 777 Child Protection Council Review - 1991 780 Usher Review - 1992 780 DCS Review - 1994 781 Cedar Cottage Review - 1995 782 Further DCS Review 1993-1995 783 Child Protection Council Systems Abuse Report - 1994 784 Strategic Directions in the Child Protection Program - 1995 785 Community Services Commission Review - 1995-1996 786 Assessment by the Former Director-General - 1996 787 Council on the Cost of Government Review - 1996 788 Conclusion 790 C. DCS RELATIONSHIP WITH OTHER AGENCIES 790 v The New South Wales Police Service 790 The Former Child Advocate for New South Wales 791 The Crown Prosecutors 791 The Children’s Court 791 Refuges 791 Others 792 D. JOINT INVESTIGATION TEAMS (JITS) 793 The Pilots 793 Implementation 794 Conclusion 797 E. ROYAL COMMISSION INQUIRIES 797 Case Study 1 797 Case Study 2 800 Case Study 3 803 Case Study 4 804 Case Study 5 806 Case Study 6 807 Case Study 7 808 Additional Files 809 Conclusion 809 F. ALLEGATIONS AGAINST DCS EMPLOYEES 810 Case Study 8 811 Case Study 9 813 G. TRAINING AND SUPERVISION 813 H. SCREENING AND MONITORING 816 I. DISCIPLINARY INQUIRIES BY DCS 817 Existing Disciplinary Structure 817 Recording of Complaint 818 Suggested Modification of Existing Disciplinary & Dismissal Procedures 819 J. A SEPARATE DEPARTMENT FOR CHILDREN? 821 DCS - A Multi-Function Department 821 Separation of Functions? 823 Option 1 824 Option 2 828 Option 3 828 Associated Considerations 832 Division of Function 832 The Intake Process 832 Information Systems 833 Corporate Plan 833 A Children’s Commission 834 K. LEGISLATIVE REVIEW 834 RECOMMENDATIONS 836 CHAPTER 9 - NSW DEPARTMENT OF HEALTH 839 A. THE ROLE OF HEALTH 839 Structure 839 vi Services to Victims 840 Services to Offenders 842 B. POLICIES AND PROCEDURES - SEXUAL ASSAULT SERVICES 842 C. COMPLAINTS AGAINST HEALTH EMPLOYEES - SCREENING AND MONITORING 846 Development of Protocols - Complaint Management and Employee Screening 846 A Case Study 851 D. DISCIPLINARY INQUIRIES IN RELATION TO HEALTH WORKERS 853 E. DEFICIENCIES IN CURRENT PROCEDURES WHICH MAY ADVERSELY AFFECT AN INVESTIGATION OR PROSECUTION 858 F. COUNSELLING SERVICES 859 G. RELATIONSHIPS WITH OTHER AGENCIES 859 Expert Evidence 859 New Interagency Guidelines and JITs 860 Expert Children’s Centres 861 Training 861 SANE Nurses 862 Tele-Medicine 862 H. CONCLUSION 863 RECOMMENDATIONS 863 CHAPTER 10 - THE EDUCATION SYSTEM 865 A. ADMINISTRATIVE STRUCTURE OF SCHOOL EDUCATION WITHIN NSW 865 Department of School Education 865 Non-Government Schools 870 Overview 871 B. REGULATION OF TEACHERS 871 Employment of Teachers 871 DSE Schools 871 Non-Government Schools 872 Termination of Employment 872 DSE Schools 872 Non-Government Schools 873 Mandatory Notification 873 C. COMPLAINT MANAGEMENT 874 Guidelines 874 Serious Flaws are Identified 876 The Case Management Unit 1996 879 D. FURTHER INVESTIGATIONS 882 Teacher T9 882 Conclusion 888 Further Flaws Uncovered 888 Satisfactory Statements of Service 888 Slattery Inquiry 891 DSE Response 892 Non-Government School Problems 892 vii E.
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