Children’s Guardian calls for evidence to be released after sacking

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The Children’s Guardian sacked by Families and Communities Minister Kate Washington over allegations of improper conduct has urged the government to publicly release confidential parts of a report that justified his dismissal, saying some of the findings “don’t pass the pub test”.

Steve Kinmond was dismissed after an inquiry into the Office of Children’s Guardian determined he had shown poor leadership, while Washington said he had been removed for “misbehaviour” and “seriously breached expected standards”.

Former Children’s Guardian Steve Kinmond was dismissed from his position after a damning report, but is now calling for his evidence to be released publicly.

The inquiry was established after reports of a baby shower included details of a “vulgar” game of “pin the sperm on the uterus”. Despite not having any involvement with the baby shower, and allegations other senior employees attended, Kinmond agreed to step aside pending the result of the investigation by commissioner Kate Eastman, SC.

Now Kinmond has called for the release of a confidential annexure which includes his evidence regarding the baby shower with the necessary redactions to protect attendees’ privacy, saying his involvement was ultimately giving a staff member an informal warning in writing.

“That’s the subject of scathing findings? That doesn’t pass the pub test,” he said.

“I’m saying: Please scrutinise me. Of the two most significant (the baby shower and allegations of intervening in a Working with Children Check) where there were findings against me, the evidence I provided isn’t currently available because it’s contained in the confidential part of the report.”

The baby shower is covered across half a page with findings but no detail in the publicly available parts of the report released last Thursday, with Kinmond’s 72 pages of evidence not being tabled despite his requests for the minister to do so.

Eastman declined to detail her findings about the matter outside the confidential annexure because doing so was “not in the public interest or consistent with a trauma-informed approach”.

The NSW Office of the Children’s Guardian is an independent statutory authority with 278 staff who manage all Working with Children Check (WWCC) processes, including applications, renewals, compliance, risk assessment and monitoring.

The matter related to someone described in the report as Person B, who later revealed themselves as Melanie James. Eastman found Kinmond had intervened on James’ behalf despite internal advice during her attempt to obtain a Working with Children Check (WWCC) for herself.

An internal review had previously made a finding against James which was overturned by an independent ombudsman. On learning this, Kinmond asked for her WWCC to be reviewed.

NSW Families and Communities Minister Kate Washington.

While it was in his power to intervene, Eastman highlighted Kinmond’s “frequent contact” with James during the decision he was making about her application, saying there had been 357 text messages and 90 outbound telephone calls made by Kinmond to James, totalling 6 hours and 22 minutes over a 13-month period.

Kinmond described the contact as “friendly but not friends”. James said in the less than four months while the application was under consideration only 32 messages and several calls were exchanged, with James instigating all the conversations about matters relating to the Office of Children’s Guardian.

James said she consented for the entirety of the report pertaining to Person B be released, saying the facts and evidence “have not been reported accurately”, Eastman had not interviewed her despite the allegations, and accused the minister of misleading the public.

Eastman was approached for comment.

Kinmond challenged the procedural fairness of the inquiry, saying he was initially told his four days of interview would be recorded, but halfway through informed they would not be recorded, and he could have had a support person taking notes on his behalf.

On May 27, less than three months after Washington established the special inquiry, the government introduced the Children’s Guardian Amendment Bill, allowing the Children’s Guardian to be sacked by the minister rather than by a resolution of both houses of parliament. More than a month later, the inquiry was extended until the end of July, but the legislation passed parliament on August 6.

A statutory review tabled in December included the change as a recommendation.

“There’s no doubt it would have made it easier to fire me,” said Kinmond, adding he had been preparing to address both houses to defend the allegations against him.

The report also alleged Kinmond has failed to declare a conflict of interest in relation to his relationship with someone referred to as “Person A”. The prospect of a conflict had been managed, Kinmond said, with staff repeatedly made aware he could not review the technical work of his colleague. There was not a single situation identified in the report where he involved himself in a situation where was conflict, Kinmond said.

Kinmond said the inquiry had effectively identified the person through place of employment and job title, without making any adverse findings against them.

A spokesman for Washington said: “The minister has complete faith in the extensive, rigorous and entirely independent process undertaken by Kate Eastman AM, SC.”