Wednesday, October 31, 2012

Education Minister Grace Portolesi denies misleading Parliament over sex predator who ran out of school hours care

Families Minister Grace Portolesi
SA Education Minister Grace Portolesi. Picture: Brooke Whatnall 

ENSURING pedophiles found to be abusing children in schools are sent to jail is a factor in how each case is handled, Premier Jay Weatherill says. 

Today Education Minister Grace Portolesi has denied misleading Parliament over a case where man sexually abused a young girl at the out-of-hours school care program he ran in Adelaide's north-western suburbs.
Mark Christopher Harvey, of Largs North, was convicted in February this year of unlawful sexual intercourse with a young girl in 2010.

Parents are angry they were not told at the time of the charges, but Ms Portolesi told Parliament the police advised against notifying the community. Police later rejected that version of events. She has now ordered a review.

Mr Weatherill said it was important that parents were informed of any allegations.

"If I was a parent in these circumstances and there was somebody who had been a perpetrator in the midst of my children, I would want to know about it,'' he told Parliament today.

But he said it was also important not to jeopardise the chances of a successful prosecution.

"There are things to balance and one of the things we need to balance is to make sure we lock up these people when they perpetrate these evil crimes,'' Mr Weatherill said.

"One of the factors that bears on your capacity to lock someone up is not to taint the chain of evidence.''
Earlier today, Ms Portolesi said her department did not always require authorities to notify the community if abusers have access to children at schools.

Ms Portolesi said the Education Department dealt with schools and police to decide on action after incidents at schools but it depended on "the circumstances surrounding the individual case" as to whether parents were notified.

After sustained questioning Ms Portolesi said she had no knowledge of any similar cases where information had been kept from parents.

Ms Portolesi said she would prefer families were told but the department must act on expert advice.
"I suspect that somewhere along the line there has been a misunderstanding about what should or shouldn't occur," she said.

Ms Portolesi also revealed:

SHE first became aware of the case when she received a briefing note in March this year.

MARK Harvey was never registered as a teacher and was stopped from interacting with children upon his arrest.

AN Ombudsman's review into the same incident has already begun.

SHE hoped to appoint someone to head a second independent investigation on her order within a few days.

SHE had spoken about the issue with Premier Jay Weatherill, who was Education Minister in late 2010 when the incident occurred.

"I'm the minister responsible for this matter," Ms Portolesi said. "He (Mr Weatherill) has been clear that he has no recollection of these events."

Opposition Leader Isobel Redmond said parents should always be notified of concerning incidents at their child's school.

"We believe the policy should clearly be that parents have an entitlement to know, its absolutely essential," she said.

"The Minister owes ... the parents of this state an explanation."

EARLIER
STATE Education Minister Grace Portolesi has called an independent review over claims parents were not told a paedophile had access to school students.

Police yesterday contradicted Ms Portolesi's claim they advised against telling parents that an out-of-hours school care program staff member sexually assaulted a child in his care.

At 11am today, Ms Portolesi told Parliament: "In regard to the serious matters raised yesterday, I advised the House on the basis of advice given to me. However it is now apparent that there is a difference of opinion and that is cause for concern."

Ms Portolesi said this was why she would instigate an independent review of the incident.
Liberal MPs heckled Ms Portolesi across the chamber after her short statement, asking "is that it?" and if it meant she stood by her comments yesterday.

Another later described the statement as "hopeless".

Mark Christopher Harvey, of Largs North, was convicted in February this year of unlawful sexual intercourse with a young girl in 2010 while she was attending his out-of-hours school care program in the northwestern suburbs.

However, a mother of children who also used the program - who did not want to be named - has said parents were never informed.

"I just want to know why we weren't advised," she said.

"I think it's our right. I feel like a failure as a mother because I was not advised of this and was not able to help my children from the start."

Ms Portolesi emphatically told Parliament yesterday the decision to keep the information from parents had been "on the advice of SAPOL".

However, a statement released last night by SA Police said the principal of the school involved was "advised by police that she should consult with DECS (the Education Department) to formulate a method of advising the school community what had occurred".

Today, she told ABC 891 Breakfast she had not misled Parliament.

"I provided advice to Parliament on the basis of very clear advice that I had been given in writing, so that's not the case," she said.

"What's really important for me as minister to do in these very complex situations which are very serious, is that I have to defer to the advice of expertise."

Ms Portolesi said she was launching an independent review including advice given to the State Government about informing parents and the school community.

"There are three elements that need to be balanced here. The first is the fact that actions taken by any element of Government in relation to this matter, or any future matters like this, should not jeopardise a successful prosecution," she said.

"The second element is that the child in question must be protected and must not be subject to further harm.
"The third question, very important question, is the need of the community to know, the rights of the community to know."

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