A mother who witnessed a teacher draw a penis on her daughter's ankle told a Tasmanian Commission of Inquiry she felt intimidated by the education department when she made a complaint.
She also reported that the teacher gave her daughter a tank top emblazoned with the words 'MILF in training'.
On this matter, the education department said that the teacher's behaviour "had the potential to adversely affect the integrity and good reputation of the State Service", but that it was unable "to establish a community view" on the matter and did not take any action.
This case study sits beside six other instances of child sexual abuse in the Commission of Inquiry's final report, each showing the failures of the education department in dealing with the complaints and allegations of abuse.
It contains allegations from 16 year-old-student Rachel* from a single-mother household, who lived in a small community in Tasmania.
The report said that the teacher Wayne, who was well known in the small community, convinced Rachel's mother Anne, to take his student on activities outside of school hours.
It said Rachel allowed the activities to occur in her presence.
It was during these activities that the mother 'allegedly witnessed Wayne piggybacking Rachel, telling her she had a 'nice arse', drawing a penis on her ankle and tucking her into bed', she also witnessed a kiss, and it was also reported that Wayne gave Rachel a tank top imprinted with the words 'MILF in training'.
IN OTHER NEWS:
How the education department responded
When the department investigated the matter, Rachel told the COI that she felt scared and nervous during interviews with two male education department investigators.
"She also told us that the interviews with investigators were 'gruelling', that the questioning sometimes went for two hours, involved confronting questions and, on occasion, occurred without a support person of her choosing present," the report said.
"Rachel said: 'I just felt like this little person with these men in suits hovering over the top of me'."
The investigation found that Wayne had not breached state service rules, and he was later still teaching within the state service.
Commission of Inquiry finds multiple failures with department response
The report highlights several failings of the education department, including that its investigations were not trauma-informed, child centred, or designed to capture the best evidence.
It found that the department failed to follow its own policies and procedures, or engage with Wayne in a relevant manner.
The department offered inadequate support, care and communication to Rachel and her mother throughout the investigation process, and increasing the stress experienced by telling them that the teacher would not return to school or be able to work again, both of which happened.
The report said substantial concerns were held by the teaching board about Wayne's fitness to teach, and he was still re-registered to teach, showing a failure to regard child safety.
It said that the department failed to report the allegations to child protection, which in turn meant the matter was not raised with police, and the statue of limitations had expired.
"There should not be a limitation period in the Police Offences Act in relation to offences connected to child sexual abuse. We note that this limitation period was removed in April 2023."
