THE FOLLOWING SERIOUS ALLEGATIONS WERE FORMALLY MADE WITH REGARD TO THE SELECTIVE

SCHOOLS SELECTION PROCESS/PROCEDURES

• BIAS
• VICTIMISATION
• EDUCATIONAL NEGLECT
• BULLYING
• MISCONDUCT
• MALADMINISTRATION
• CORRUPTION
• FRAUD

Excerpt from letter signed by the minister for education at the time Mr Refshuage stating matter to
be dealt with under the responding to suggestions, complaints and allegations.

I was provided with the Responding to Suggestions, Complaints and Allegations procedures
document at the time.

Below is an excerpt from that document with regard to allegations of corrupt conduct and serious
maladministration.
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The above document clearly states that when the allegations are in relation to corrupt conduct and
serious maladministration that the investigation procedure applies and the negation procedure is
not applicable.

An internal email received from the Chief Legal Officer of the DET under FOI confirm that the DET’s
expectation was that the matter fell under the investigation procedure. The emails confirm that an
investigation was promised but the investigation was not undertaken.

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The following excerpt was from a submission provided by the Selective Schools Unit to the Director
General, DET. The matter was put before the Administrative Decisions Tribunal see below.

file:///C:/Users/Jolanda/Documents/BITLY%20SELECTIVE%20SCHOOLS%20TWITTER/department%
20of%20education%20DET/Challita%20v%20NSW%20Department%20of%20Education%20and%
20Training%20[2009]%20NSWADT%20244%20(23%20September%202009).html

The submission stated:

Throughout her communications with the DET she continues to allege that officers of the DET
deliberately falsify documents in order to prevent her children from achieving the desired
outcomes. The targets of her accusations include Magda Pollak, A/Manager; Selective High
School and Opportunity Class Placement Unit, Dr. Anthony Bendall, Manager, Freedom of
Information and DET officers involved in [the applicants’ daughter’s] ELLA test. To date, all
investigations have cleared these officers of misconduct charges.

ALL internal emails/documents received under FOI state that no investigation has taken place yet
submissions presented to the Director General by the Selective Schools Unit state not only that the
matter was investigated but that all officers were cleared of misconduct.

We wrote to EPAC, Employee Performance and Conduct Unit formally requesting the matter be
investigated as per the Responding to Suggestions, Complaints and Allegations procedures.

Below is the letter from Jane Thorpe EPAC (Educational measurement Directorate) responding to
our letter.

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Even though policy and procedure require that serious allegations of the type made by our family be
subject to an investigation EPAC decided to change the rules/procedures and assist the DET to cover
the allegations and also refused to investigate the matter. EPAC refused to investigate despite the
following:

• The Minister for Education ordered an investigation.

• Policy and Procedure require that serious allegations of corrupt conduct and
maladministration are investigated.
• The Chief Legal officer confirmed that an investigation was promised but that it didn’t
happen

The original complaints were lodged in was in 2003/2004 with regard to our two eldest children. In
2005/2006 our younger children were also targeted and victimised by the same people using the
same process despite numerous requests that our children be protected.

It begs the following questions:

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 • Does the public believe that manipulating with students tests marks, manipulating with
Selective school applications and outcomes, tampering with and destroying state records
and victimising children is not serous maladministration and misconduct?
• Does the public believe that complainants should be afforded procedural fairness and
natural justice
• Does the public believe that when allegations involve children an independent oversight
needs to be available?

If the answer to these questions is yes then the public need to speak out as the DET continues to be
able to do what they do because they believe that silence = support for them.

We also requested an independent investigator investigate our serious allegations. The response
from the DET is set out in the following submission:

An independent investigation was denied and the matter was confirmed closed!