Fmr principal admits gross incompetence in handling child abuse case

By Eleanor Hall
ABC - World Today
February 19, 2014

http://www.abc.net.au/worldtoday/content/2013/s3947878.htm?site=southqld

ELEANOR HALL: Now to the latest from to the Child Abuse Royal Commission. Today the former principal of a Toowoomba primary school admitted he was grossly incompetent for not reporting allegations of sexual abuse by one of his teachers to the police. Terry Hayes was the head of the school when 13 girls were sexually abused by their teacher, Gerard Byrnes in 2007 and 2008. Stephanie Smail is covering the Royal Commission in Brisbane and joins us now. So Stephanie how did this former principal come to make this admission this morning? STEPHANIE SMAIL: Good morning Eleanor. Terry Hayes has been questioned again about a meeting he had with the girl and her father in September 2007. The commission has heard the girl told Mr Hayes, her father and another staff member that her teacher Gerard Byrnes put his hands down her shirt and up her skirt but the former principal has told the inquiry he didn't tell his superiors at the Catholic Education Office all of that information. He said he made contact with his superiors three times in the days following that meeting but didn't share the information on any of those occasions. Here is some of what the Royal Commission has heard from counsel assisting Andrew Naylor and Mr Hayes this morning. ANDREW NAYLOR: I want to suggest to you Mr Hayes that your failure to disclose that information on no fewer than three occasions over a period of at least three days would entitle this Royal Commission to find that you deliberately refrained from providing that information. TERRY HAYES: I reject that. ANDREW NAYLOR: And you refrained from providing that information because you didn't believe the allegation by KH? TERRY HAYES: Not correct. ANDREW NAYLOR: If you didn't deliberately refrain from passing the information on - the information being KH's allegations that Byrnes "put his hand up our skirts" - if you didn't deliberate refrain from passing that on, it was grossly incompetent on your part not to provide that information. TERRY HAYES: I accept that. ANDREW NAYLOR: You knew these were serious allegations of sexual abuse. TERRY HAYES: Yes. ELEANOR HALL: That's the former principal Terry Hayes under questioning from counsel-assisting the commission, Andrew Naylor. So Stephanie, how does this testimony fit with Terry Hayes previous evidence? STEPHANIE SMAIL: Terry Hayes was charged in 2009 for failing to comply with mandatory reporting laws about sexual abuse but he successfully argued at the time he had referred the matter to his superiors at the Catholic Education Office and had therefore met his obligations. Yesterday Mr Hayes described himself as a system-orientated person and he continued to tell the commission he trusted the Catholic Education Office to take action if they deemed it necessary but he's made comment to the contrary in response to barrister Andrew Naylor's questions this morning. ANDREW NAYLOR: You don't accept responsibility for the failure to report the allegations to police? TERRY HAYES: The ultimate responsibility is with the principal. ANDREW NAYLOR: So you do accept responsibility for the fact that KH's allegations were not reported to the police? TERRY HAYES: Well, I believe that I was working within the system. ANDREW NAYLOR: Well, that's a different answer Mr Hayes. The answer you just gave me was that you, as principal, had responsibility. That's correct, is it not? TERRY HAYES: That is right. ELEANOR HALL: That's the former school principal Terry Hayes under questioning from counsel-assisting the commission, Andrew Naylor. And our reporter covering this commission, Stephanie Smail in Brisbane.