REDACTED REDACTED explanation and REDACTED did not advise ...€¦ · disbursements. A pre-trial...

6
MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES OF THE WA INSTITUTIONS RECONCILIATION TRUST FRIDAY 24 APRIL 1998 AT 8.30AM PRESENT: 6TH FLOOR 216 ST GEORGE'S TCE PERTH Mr Barry MacKinnon {Chairman) Mr Hayden Stephens (By Telephone) Mr Peter McGowan Ms Andrea Lace (Manager) APOLOGIES: . Mr Dalton Gooding Ms Carol Bahemia ITEM 1 MINUTES The Minutes of the meeting of the Trustees held 5 March 1998 were confirmed as a true and correct record of that meeting. ITEM2 MATTERS ARISING FROM MINUTES ITEM 2.1 INVESTMENT OF THE TRUST'S FUNDS The Manager reported that Dalton Gooding had enquired of Porter Western whose advice was that the money market should currently pay 4.95% on $500,000.00. The Manager enquired of Challenge Bank whose advice was that the current rate payable on a deposit of $500,000.00 is 4.75%. The Chairman and Dalton Gooding discussed the matter and instructed the Manager to invest $500,000.00 with Porter Western to be re- invested every 30 days. ITEM 2.2 REDACTED REDACTED In response to the Trustees' request, had written to the Trust addressing his prior non-disclosure of the details of the sexual abuse he claims to have endured. Primarily, he said that he finds it almost impossible to give graphic details of the sexual abuse and the time spent by him with Dr. Quadric was insufficient to enable him to gain her trust. REDACTED The Trustees accepted explanation and in accordance with the guidelines applied to the sexual abuse claims in November 1997, made the decision that REDACTED receive a serious sexual abuse payment of $6,750.00. REDACTED When writing to the Trust, did not advise if he and his wife had commenced psychological counselling, the cost of which was approved by the Trustees at their meeting on 5 March 1998. The Manager was instructed to again enquire of counselling had commenced. REDACTED as to whether -I m :s: - SGL.0002.002.2093_R

Transcript of REDACTED REDACTED explanation and REDACTED did not advise ...€¦ · disbursements. A pre-trial...

MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES OF THE WA INSTITUTIONS RECONCILIATION TRUST

FRIDAY 24 APRIL 1998 AT 8.30AM

PRESENT:

6TH FLOOR 216 ST GEORGE'S TCE PERTH

Mr Barry MacKinnon {Chairman) Mr Hayden Stephens (By Telephone) Mr Peter McGowan Ms Andrea Lace (Manager)

APOLOGIES: . Mr Dalton Gooding Ms Carol Bahemia

ITEM 1 MINUTES

The Minutes of the meeting of the Trustees held 5 March 1998 were confirmed as a true and correct record of that meeting.

ITEM2 MATTERS ARISING FROM MINUTES

ITEM 2.1 INVESTMENT OF THE TRUST'S FUNDS

The Manager reported that Dalton Gooding had enquired of Porter Western whose advice was that the money market should currently pay 4.95% on $500,000.00. The Manager enquired of Challenge Bank whose advice was that the current rate payable on a deposit of $500,000.00 is 4.75%. The Chairman and Dalton Gooding discussed the matter and instructed the Manager to invest $500,000.00 with Porter Western to be re­invested every 30 days.

ITEM 2.2 REDACTED

REDACTED In response to the Trustees' request, had written to the Trust addressing his prior non-disclosure of the details of the sexual abuse he claims to have endured. Primarily, he said that he finds it almost impossible to give graphic details of the sexual abuse and the time spent by him with Dr. Quadric was insufficient to enable him to gain her trust.

REDACTED The Trustees accepted explanation and in accordance with the guidelines applied to the sexual abuse claims in November 1997, made the decision that

REDACTED receive a serious sexual abuse payment of $6,750.00.

REDACTED When writing to the Trust, did not advise if he and his wife had commenced psychological counselling, the cost of which was approved by the Trustees at their meeting on 5 March 1998.

The Manager was instructed to again enquire of counselling had commenced.

REDACTED as to whether

-I m :s: -

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MINUTES OF MEETING HELO 24 APRIL 1 998 - PAGE 2

ITEM 2.3 REDACTED

A report dated 31 March 1998 had been received from Dr Neil Maclean, Consultant Psychiatrist, in support ot!ti=i•t+Wl=i•lclaim for a serious sexual abuse payment. In view of the nature of the abuse described in the report, the Trustees' decision was that

lti=i•t+Wl!receive a serious sexual abuse payment of $9,750.00.

ITEM 2.4 ~1vz ___ ~ In resoonse to enquiry regarding the contribution, if any, made by 60 Minutes to

IVZ !reunification travel costsJvz I advised: (i) His claim for reimbursement of reunification travel costs relates to a trip taken in

September 1997, shortly after his wife died from cancer; (ii) He was able to pay for the trip because a serious sexual abuse payment of

$25,000.00 was given to him by Slater & Gordon; (iii) The interview with 60 Minutes was given in January 1998. 60 Minutes paid for .1 him to travel again to England for the purpose of the programme televised in

February 1998. .J

In the circumstances, the Trustees approved a past reunification travel reimbursement of $4,563.00 ($6,563.00 less $2,000.00).

ITEM 2.5 GOODING PERVAN

Dalton Gooding has retired from the firm Ernst & Young and commenced practice as a principal of the firm Gooding Pervan.

The Trustees agreed that Gooding Pervan now be engaged as the Trust's accountants.

ITEM 2.6 FUTURE MEDICAL EXPENSES/FUTURE TRAVEL COSTS

This item was carried over from the meeting held 5 March 1998. The issue is payment for treatment and medication for beneficiaries after the expiration of the Trust. The Trust

--------- -------- -o~-states:-·------------------------------------------------------ -- -------------------

"Clause 29 Winding Up - Duration of the Trust

(a) It is the intention of the Founder that the purposes for which this Trust has been established shall be fulfilled within a maximum period of three years from 30 June 1996 and the Trust should be wound up at the earlier of: (i) The exhaustion of the Trust Fund; (ii) When the Trustees reasonably determine that the purposes of the Trust Fund

have been fulfilled; (iii) Three years from 30 June 1996.

(b) Any surplus remaining in the Trust Fund on the winding up of same shall be returned to the Founder to be used by the Founder for the relief of hardship, poverty and distress amongst those persons who claimed to have been the subject of sexual and other abuse whilst in the institutions operated by the Founder within Australia."

It is clear from the wording of clause 29 that the Christian Brothers are not restricted to using any surplus funds to assist the beneficiaries of the Trust or ex-residents of Castledare, Clontarf, Tardun and Bindoon. It is for this reason that Peter McGowan had suggested the Trust provide the Christian Brothers with the names of those persons requiring on-going medical treatment/medication plus an estimate of future costs prior to \(. , the expiration of the Trust and request the cooperation of the Christian Brothers in setting (-aside funds to cover these costs.

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MINUTES OF" MEETING HELD 24 APRIL 1 998 - PAGE 3

Hayden Stephens said he had a problem with the Christian Brothers being entrusted with the payment of future treatment costs for beneficiaries .but did not know of any alternative.

The Chairman undertook to raise the issue with Brother Shannahan.

Peter McGowan expressed the view that any resolution in relation to this issue should only be made at a meeting attended by all Trustees.

It was agreed that this item again be carried over to the next Trustees' meeting.

The Chairman enquired as to whether the Trust should be wound up prior to 30 June 1999.

The Manager advised that she intended to write to the men asking if they had made claims yet to be determined or had claims yet to be made. The Manager was instructed to proceed as she had planned and depending upon the response from the men, a decision with respect to the winding up of the Trust would be made by the Trustees in due course.

ITEM 2.7 REDACTED

REDACTED The Trustees agreed to reimburse the sum of $730.00 paid for a second 10 week "Family of Origin" course at the Wholistic Medical Centre.

ITEM 2.8 REDACTED

On 5 March 1998 i;Ui•14111i was granted $10,000.00 by the Trust towards future reunification travel costs. He now sought to borrow an additional $2,000.00 for spending money.

______________ J;1a•1+Wll9•1 regu_est wC)s refu$ed. The Truste_es _determined thauhe_ceiHng__of $10,ooo oo for reunification travel by a beneficiary and his wife was a fair ceiling and that it was inappropriate to grant further funds under this category of benefit. ·

ITEM3 FINANCIAL REPORT

The Trustees noted:

>:> Balance Sheets for February and March 1998 >:> Profit and Loss Statements for February and March 1998 )> Trial Balances for February and March 1998 )> Schedule of Payments made to beneficiaries to 31 March 1998

ITEM4 REDACTED

REDACTED Members of family were recently located by the Child Migrants Trust. CBERSS has agreed to pay Mr McGowan's airfare to the United Kingdom and to provide him with some spending money.

As the funding CBERSS usually provides for reunification travel equates to approximately $4,500.00, the Trustees approved a payment to of $2,500.00 to bring the total funds available to him to $7,000.00.

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MINUTES OF" MEETING HELO 24 APRIL l 998 - PAGE 4

REDACTED A request was also received from Dr Deborah Field on behalf of Trust pay for psychological counselling to commence after overseas.

REDACTED that the

return from

The Trustees approved the payment of counselling for REDACTED

ITEMS REDACTED

REDACTED requested a contribution by the Trust to the cost of reunification travel to REDACTED England to meet his step-father and natural brother. has not returned to

England since arriving in Australia in 1945.

The Trustees approved a contribution of $7,000.00 towards travel costs.

REDACTED reunification

ITEM& REDACTED

l•i;•1tttllf claimed reimbursement of past medical and associated expenses and the cost of future psychological treatment.

REDACTED reimbursement claim relates to psychological counselling between October 1984 and August 1993 evidenced by documentation from HBF; fortnightly consultations for depression between 1981 and October 1984 not evidenced by documentation; 4 counselling sessions with Anne Holloway (Social Worker) in 1995 evidenced by accounts; the cost of tranquilisers and anti-depressant medication for 4% years commencing in 1981, not evidenced by documentation; and the cost of the report prepared for the Trust

REDACTED supporting serious sexual abuse claim.

A reimbursement of $4,000.00 was approved by the Trustees calculated as follows:

Clinical psychology between 11/10/84 & 16/8/93 Dr Baxall 1981 to 11/10/84 Anne Holloway 1995 Medication 1981 to 1985 (on the basis of $10.00 per script) Mrl;U!l•1ttt11Mreport fee 1997

Total: Rounded off to:

ITEM7 REDACTED

$502.00 $2,500.00

$220.00 $540.00 $175.00

$3,937.00 $4,000.00

$2,000.00 was paid by the Trust to Friedman Lurie Singh to enablel;U!l•1+Mto pursue a public liability claim for damages for personal injury.

REDACTED requested a further $4,000.00 on account of costs and disbursements. A pre-trial conference was listed for 15 May 1998 and counsel, David Clyne, had been engaged to representl;U!l•1+M at the conference.

The Trustees refused to contribute further funds towards the cost of lti7i•1+tillilegal proceedings.

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ITEMS REDACTED

In August 1997 the Trust paid the cost of pre-reunification counselling forltUl•t+Wllwith the Child Migrants Trust. l;U!l•t+WI now claimed reimbursement of the cost of his and his wife's travel to Melbourne from New Zealand in 1998 for post-reunification counselling with the Child Migrants Trust.

The Trustees approved a reimbursement in the amount claimed, namely $1,269.15.

ITEM9 REDACTED

At the meeting held 5 March 1998 the Trustees refused REDACTED request for the sum The Trustees were not

stability to make the of $13,582.00 to establish an exotic bird breeding business. convinced of the profitability of the business or REDACTED business a workable proposition.

REDACTED REDACTED In the interim, had arranged for , the Director of Birdworld, Belmont, to write to the Trust and to speak personally with the Chairman. !t1ff•t+WI advised that the birds selected byi•i;•t+Wl;•lwere suited to a profit based programme as they are hardy with a low mortality rate and well suited as aviary subjects. Further,

l;U:t•t+WI advised that beginners are quite successful with these birds as their fertility is high and there is a very good market for their progeny. l;M:t•t+WI concluded that the breeding programme envisaged by !t13•1+Wl4will be financially viable.

In view of the advice received from Birdworld, Peter McGowan stated that if the funds requested to get the business up and running would givel;U:t•t+Wl$1•! a chance in life his request should be granted.

After further discussion the Trustees decided to advance the requested funds to the suppliers of the birds and aviary products but that r1;13•1+Wl:ibe advised the funding was by way of an interest free loan. It was agreed that if l•ia•t+tt•;11 should be unable to repay the loan prior to 30 June 1999, recovery action would not be taken. The advance under the guise of a loan was a disciplinary measure to motivate l•ia•t+tt•;•uo make his venture viable.

ITEM 10 REDACTED

lt13•1+Wl4claimed a reimbursement for past medical and schooling expenses. No aspect of1;13•1+Wl$1•1claim could be substantiated by copy accounts.

For past travel for medical treatment, 1;1$1•1+Wlllclaimed 500 consultations at a cost of $4,000.00. For attending AA meetings and intermittent treatment for alcoholism over a period of 17 years, 1;1$1•1+Wil$1 claimed $2,400.00. For marriage counselling in 1986 on 8 occasions,1;1$1•1+Wil#claimed $200.00. For accountancy studies at TAFE in 1984 and later in 1993 and 1994,i;U!l•t+Wl@claimed fees and books totalling $2,200.00.

Weighing up1;13•1+Wil$1•1 past circumstances as known to the Trustees through medical reports in support of his serious sexual abuse claim and the lack of substantiation of the costs claimed, the Trustees determined to payl;M:t•t+Wil:#$3,000.00 net.

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ITEM 11 REDACTED

In November 1997 the Trustees approved a contribution by the Trust of $10,000.00 towards reunification travel. Since, health has deteriorated and overseas travel could be detrimental to him. In these circumstances asked the Trust REDACTED to give him $10,000.00 to spend as he sees fit.

REDACTED request for a payment to him of $10,000.00 was refused by the Trustees who confirmed the Manager's advice to l.U:l•t+Wlij1Mthat payments could only be made under the specified categories of benefit.

REDACTED In addition, advised that he had borrowed funds from his son and daughter and would like the opportunity to repay his children. The Trustees required confirmation

REDACTED and clarification of the loan from children.

ITEM 12 REDACTED

CBERSS, on behalf of lti"i•1ttill, asked the Trust to fund the purchase of a vacuum cleaner and television receiver for '*i•t+WI#. The Trustees agreed to fund up to $150.00 and $450.00 respectively for these purchases with the purchase price to be paid to the supplier.

The meeting closed at 10.00am.

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