Judge Says Xavier College Can See Allegedly Abused Ex-student's Psychiatric Records

By Adam Cooper, Bianca Hall, Timna Jacks
Border Mail
October 26, 2016

http://www.bordermail.com.au/story/4254072/judge-says-xavier-college-can-see-allegedly-abused-ex-students-psychiatric-records/?cs=7

Xavier College is a step closer to accessing the psychological records of a man who claims he was sexually abused as a student at the school more than 40 years ago.

Janusz Skarbek alleges he was raped when he was a student at the exclusive, Jesuit-run school between 1971 and 1974.

The man he named as his abuser, Father John Byrne, died in 1974, but the Catholic Church has previously acknowledged he was an abuser.

Mr Skarbek has launched a Supreme Court lawsuit against his former school, claiming it was negligent in its treatment of him and seeking compensation for his pain and suffering. A jury is expected to hear his case next year.

It was in 2012 that Mr Skarbek first realised he had been abused as a child, while he was seeing Queensland psychologist Geoff Pearce for unrelated matters, according to the man's lawyers.

The Society of Jesus in Victoria – which administers Xavier College – is listed as the chief defendant in Mr Skarbek's claim. Xavier College has not admitted any responsibility for his psychological injuries.

The school this month argued in the Supreme Court that Dr Pearce should hand over his records of sessions with his patient, so the abuse allegations could be fully investigated.

Mr Skarbek's lawyers opposed the move on the grounds that anything their client told his psychologist was confidential and should remain protected. They also argued other victims of sexual abuse or assault would be deterred from seeing psychologists if they feared their medical records could be passed on.

On Wednesday, Associate Justice Melissa Lee Daly acknowledged there was a broader implication for other victims, but said Dr Pearce's records contained the "best available evidence" of Mr Skarbek's claims, and that Xavier College should see them.

Associate Justice Daly ruled that 20 pages of Dr Pearce's notes and audio tapes be handed over to the school.

The ruling that medical records be passed on is understood to be unusual in a civil case where someone alleges they were sexually abused, but similar rulings are understood to have been more commonplace in criminal cases.

Mr Skarbek's lawyers have a week to redact personal information about their client from Dr Pearce's notes, but the Associate Justice can overrule their redactions.

Xavier College last year admitted nine legal cases of abuse in the 1960s and 1970s had been settled with victims.