Investigation into child sex offender Robert Whitehead’s involvement with Puffing Billy and other railway bodies June 2018 Ordered to be published Victorian government printer Session 2014-18 P.P. No. 404 The Victorian Ombudsman respectfully acknowledges the Traditional Owners of the lands throughout Victoria and pays respect to them, their culture and their Elders past, present and future. Letter to the Legislative Council and the Legislative Assembly To The Honourable the President of the Legislative Council and The Honourable the Speaker of the Legislative Assembly Pursuant to sections 25 and 25AA of the Ombudsman Act 1973 (Vic), I present to Parliament my Investigation into child sex offender Robert Whitehead’s involvement with Puffing Billy and other railway bodies. Deborah Glass OBE Ombudsman 25 June 2018 2 www.ombudsman.vic.gov.au Contents Foreword 4 Recommendations 107 Executive summary 8 Appendix A 110 How the investigation started 8 Appendix B 114 The investigation 9 Victorian Railways 9 Appendix C 116 Puffing Billy 10 Other volunteering 12 Recommendations 12 Scope and methodology 13 Terms of Reference 13 The decision to investigate 13 Coordination with the department 14 Jurisdiction 14 Phases of the investigation 14 Puffing Billy 19 History 19 Governance framework 19 Robert Whitehead’s involvement with Puffing Billy 23 External reporting of allegations 52 Recent contact and action 55 Other offenders at Puffing Billy 58 Victorian Railways 66 Historical framework 66 Whitehead’s employment 67 Leasing from Victorian Railways 76 Whitehead’s departure from Victorian Railways 80 Historical views towards offending and re-employment 85 Whitehead’s other volunteering 87 Conclusions 94 Re-employment with Victorian Railways 94 Leasing of State-owned property 95 Appointment as Secretary of the Puffing Billy Preservation Society 96 Volunteering with the Australian Railway Historical Society 104 Opinion 106 contents 3 Foreword Robert Kingsley Whitehead was convicted Whitehead’s involvement with Puffing Billy of 24 counts of child sexual offences in 2015, goes back to at least 1961, the year after he dying in prison later that year. Whitehead – was released from Pentridge Prison. He had who had been convicted of offences against been re-employed by the Victorian Railways, children in 1959 – was involved for decades with for whom his conviction was not a barrier, and the railways, including Puffing Billy, where he quickly became one of Puffing Billy’s most gained access to countless innocent volunteers. active – and valued – volunteers. Although We do not know, and will never know, how Puffing Billy’s management denied any many he abused. knowledge of his past conviction there is ample evidence that rumour abounded. One former Whitehead’s conviction and death left many Board member had even warned his own son to questions unanswered. A core question of keep away from him. his victims was: how did he get away with his offending for so long? This investigation seeks Yet despite the persistent rumour, and a police to answer those questions. It is the result of the investigation in 1985, Whitehead remained tenacity of some survivors, whose complaints an active volunteer until 1991. He had access to Ministers and government agencies to children in many of his roles, including ultimately led the Department of Economic supervising overnight working parties, and he Development, Jobs, Transport and Resources to had leases on railway property where some of refer the matter to me in 2017. I commend the his offending occurred. In the 1980s Whitehead courage and persistence of the survivors. and another offender were even responsible for Puffing Billy’s lax volunteer screening The investigation ranged over more than five procedures. decades, from records in dusty archives in Belgrave and Emerald to the Public Records While this investigation focused on Whitehead, Office, police evidence and criminal trial briefs, he was not the only active sexual offender as well as witness interviews. Inevitably, there exploiting and abusing young Railway are gaps in the evidence. The passage of time volunteers. Some of those offenders are the is damaging to investigations, although some subject of current police investigations. gaps raised further questions. Eighteen people contacted my office in response to a media When Whitehead resigned in 1985 – not statement in July 2017, and I thank everyone coincidentally when he was the subject of a who assisted the investigation, many of whom police investigation into child sexual abuse told us deeply personal and distressing stories. – Puffing Billy’s Board expressed its effusive One went as far back as 1947. Another told us thanks. Months after his resignation, he he just wanted the truth to come out. These returned to Puffing Billy as its archivist – with stories were essential to the investigation, unencumbered access to its records, including often filling another gap in the broken public any records of complaints, even drafting a narrative. policy that complaints were not to be stored in the archives. The story that unfolds from this narrative is deeply shocking. Whitehead was a life-long One record that survived Whitehead’s offender whose abuse was facilitated by the archival activity was a letter from a 17-year- wilful blindness, indifference or ineptitude of a old abuse survivor, banned from volunteering succession of organisations. and desperate to return. He was told no; his perpetrators remained. The victims’ voices One of them was Puffing Billy – a Victorian icon emerging from the historic material paint a – the steam train featured in so many Victorian heartbreaking picture. childhoods, usually remembered with nostalgic delight. But for a group of boys abused by trusted adult volunteers, the Railway shaped their lives in a very different way. 4 www.ombudsman.vic.gov.au Records of boys telling senior management The Puffing Billy Board’s failures are directly about the sexual abuse they suffered, monumental. The inaction from 1985 to 1991 but management not reporting these deserves particular opprobrium. In 1985 allegations to police. A mother trying to warn members of the Board knew that Whitehead an organisation about offending committed was under police investigation for child sexual against her son, whose integrity was called into offences yet he was not removed until 1991. question because the organisation said it had They failed to act on complaints or even no evidence of her contact. Their stories are record contacts, in one notable case punishing finally validated. the victim. One former board member even suggested to us that it was the children who I recognise it is difficult – and often unfair – may have been predatory. to act on rumour and innuendo. Yet double standards prevailed for decades. Minor thefts So what should be done now? were reported to police with great vigour, yet allegations of child sexual abuse were never The survivors of the abuse of Whitehead and reported. A Board member warned his son, but other Puffing Billy offenders may never receive not other boys. Puffing Billy’s management told justice; nothing can compensate for the trauma us they could not act to remove Whitehead on and loss of innocence experienced by victims rumour in 1985, yet it seems were able to do so and survivors. But whatever redress they in 1991. choose to pursue, they deserve nothing less than the verification of facts, public disclosure Time and time again, on hearing allegations, of truth and public apologies. volunteer organisations acted to protect their own reputations at the expense of victims. I welcome the government’s acceptance of Whitehead was allowed to remain; the my recommendations, in particular the public broader volunteer group was not informed of apologies that may help to provide both allegations; victims were not encouraged to vindication and closure. come forward; his ability to have contact with While this investigation principally concerns and groom children remained unchanged – and Puffing Billy, it raises many issues recently when leaving under ambiguous circumstances, considered by the Royal Commission into he was given a rousing farewell with his legacy Institutional Responses to Child Sexual praised. Abuse. That report not only laid bare the During the investigation we were urged by scale of the national tragedy of children some witnesses not to look at this matter abused in institutional settings, it also made ‘though the lens of today’. The abuse of recommendations for governments and children was a serious criminal offence at all institutions to better protect children and times examined by the investigation. Indeed, to respond to the needs of survivors. I am Victorian laws addressing child sexual abuse pleased the Victorian Government has begun were in effect during the 1950s. The vast implementing the recommendations to deliver incomprehensible impact that such abuse has redress to survivors, although more needs to on its victims has not changed. The actions or be done to see full implementation. They must inaction of people in positions of authority, who provide support and succour to those affected should have known better, is inexcusable. by this indelible stain on so many childhood memories. For decades, young victims with valid complaints about sexual abuse were forced to Deborah Glass seek justice for themselves, while steps were Ombudsman taken to protect the reputation of the alleged offenders and the railway. foreword 5 Figure 1 – Timeline of key events involving