Is Marist College Legal?

Zilog 10 July 2008 55

I have my doubts, as I’ve expressed to pollies and Jason Parker (see below). Could be sensational, not to mention slightly disruptive….

Dear Madam or Sir,

  You may be aware of speculation in the media in recent days, and comments by Jason Parker of Porters lawyers on behalf of victims, on ABC’s Lateline last evening, in relation to the apparent difficulty encountered identifying the legal operator of the college.

  Are you able to advise me who operates this institution? And more pertinently, in which entity does legally responsibility for a duty-of-care ultimately reside?

  If not, I would respectfully suggest that this college may be operating illegally. This should be brought to the attention of the Federal minister.

  Further, if it is unclear where liability lies, I would suggest that no parent could, in good conscience, allow their child to return to said college following the current break. Indeed, should they be on the premises in the mean-time?

  Can this be resolved expeditiously? Otherwise one might be inclined to petition the ACT Supreme Court seeking to injunct the college and cease its operation, with great attendant disruption, until such time as these issues are resolved.

  Yours faithfully,

  An alert and alarmed parent

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55 Responses to Is Marist College Legal?
Zilog Zilog 5:42 am 16 Sep 08

Latest development & Random Thoughts

Tough-shit detractors; Local and federal ministers have responded…

Joint probably was legally constituted by the dismal (c ‘wealth) standards of the day.

However, “character” and “criminal” don’t appear in the ACT Education Act 2004 or accompanying “guidelines”. A character test is applied to personnel. It should be applied to operators.

I await an explanation of the “character” requirement of operators from both local and federal ministers.

Plainly, certain operators have criminal histories that ought to preclude them from operating a school.

Thought 1: I hear lawyers acting for St. Stanislaus’ victims plan widespread media coverage seeking other victims. Have Porters done as much? For us? Not to my knowledge. My correspondence has not been responded to. My conclusion is that they are self-serving fuckwits, and best avoided.

Thought 2: That money I raised for Lent for the Pacific missions. Anyone else remeber the slide-shows of the native kids? the cynic in me suspects it was/is a Marist Sex (with powerless native boys in a lawless jurisdiction) Tourist Resort. Am I too cynical?

tylersmayhem tylersmayhem 4:39 pm 15 Jul 08

Sorry JB, my screen hasn’t been refreshed for ages. Now you’ve got more more work to do deleting my last 2 posts. Apologies!

tylersmayhem tylersmayhem 4:37 pm 15 Jul 08

Johnboy, when are you going to rely to my email from today?!

johnboy johnboy 11:58 am 15 Jul 08

Mick1965 said :

MODS – what’s the rule on this?

Firstly, address questions to moderators via the contact page or email, not through the discussion.

Secondly, you’re the one who’s going to be the primary target of any defamation actions. With this sort of material I would advise against naming anyone prior to police laying charges.

Skidbladnir Skidbladnir 11:43 am 15 Jul 08

Mick1965 said :

what’s the rule on this?

Don’t say anything you can’t afford.

Mick1965 Mick1965 11:40 am 15 Jul 08

tylersmayhem: Hi Mick: I’d love to, but I don’t know how defamation cases etc works, so I’d hate to be brought up on charges or legal stuff to be honest.

MODS – what’s the rule on this?

Mick1965 Mick1965 11:38 am 15 Jul 08

Stop telling me what to do Skid! 🙂

tylersmayhem tylersmayhem 11:23 am 15 Jul 08

Hi Mick: I’d love to, but I don’t know how defamation cases etc works, so I’d hate to be brought up on charges or legal stuff to be honest.

Skidbladnir Skidbladnir 11:17 am 15 Jul 08

Put a <i> at the beginning of the text you want in italics, and then a </i> at the end.
If you forget to close of the i with a </i> then everything after the original <i> will be in italics.

(this is html in its most basic of forms)

Mick1965 Mick1965 11:03 am 15 Jul 08

Skid: I would use ITALLICS but I don’t know how to get that effect posting here! SORRY!

Mick1965 Mick1965 11:02 am 15 Jul 08

tylersmayhem: Can you put a name to the teacher?

tylersmayhem tylersmayhem 10:07 am 15 Jul 08

Mick: I have been thinking more about your earlier post (#36) and what happened to your daughter is very reminiscent of what happened to me by the Principal of Farrer Primary when I was in year 3. I was a kid who had learning and concentration difficulties and I was so severely bullied by him one day that my parents took me out that very afternoon. I still can’t believe what went on that day!

BerraBoy68 BerraBoy68 8:10 am 15 Jul 08

In response to ‘imhotep’ – It’s a fact that students at Marist and Dara were abused by teachers. The schools and Marist Order have at least conceded this. It is up to the legal team to present the facts in court on the ‘alleged’ cover ups that took place over the years, (as highlighted very ably, and consistently, by the lawyers that read RA). These will be discussed in this, and other forums, no doubt as they are presented in court ande made public. Like all threads this is a forum for discussion/debate of the issues and, whether you like it or not, there are bound to be those in this, and other Threads, that simply know more than others.

Personally, I wouldn’t like to believe there are any pedophiles now at Marist or any other school, or anywhere on earth for that matter. However, it is now a fact that both schools (in the case of Dara – Lyons) did employ a very small number of people that did engage in sexual abuse of students in the past. Furthermore, I have yet to read any post in RA, or elsewhere, that contradicts your statement that “All schools, including Marist, are overwhelmingly staffed by people who do a difficult and underpaid job because they believe it is a worthwhile thing to do”. What happened/is happening at Marist and Dara must be very disconcerting for staff who either worked at, or are now working, at both schools, I certainly feel sorry for them. A couple of the staff at Marist when I went there were, and still are, close family friends and I know they certainly aren’t happy with what’s happening. Nobody is asking for all teachers that ever taught at Marist to be hung, drawn and quartered but there are a small no. of Brothers who were in positions of authority who ‘allegedly’ ignored several complaints and comments of concern from various parent, students and other staff about the behavior of Kostka, Lyons et al. I know you hold other views so we’ll just have ‘agree to disagree’.

As has been stated previously, Marist has done a great deal of good in the past and has educated around 8000 students to date. Overwhelmingly the majority of teachers have done a great job – in fact, I can tell you that Paul Lyons was, in my experience, a very good science teacher. Bro’s Jo, Heindrich etc.. were also very good at the majority of aspects surrounding their position as Headmaster of the school, and I have reason to be personally thankful to Heindrich for favors he did my family. However, that doesn’t excuse his ‘allegedly’ not taking claims of abuse by Kostka direct to the police for investigation.

From what I can see, I think the majority of people would like to see the reputations of the school and Order restored – but these reputation will need to be built on openness and honesty with all lessons of past being learned and systems put in place to make sure such abuses never happen again in Marist, Dara or any other school. Unfortunately, with what’s happening in court I doubt this will happen for a long time yet.

Skidbladnir Skidbladnir 4:21 pm 14 Jul 08

Mick1965 has this wierd habit of capitalising random words to GIVE THEM ADDED EMPHASIS.

Apparently SHOUTING is the new way of pointing out that something is meant to be a joke or funny.

I see your attempt at humour, and raise you a comedy goldmine.
My dog has got NO LEGS, so he won’t come when I call him, but I have named him CIGARETTE because I can always take him out for a DRAG!

Mick1965 Mick1965 4:01 pm 14 Jul 08

No – I was jokingly implying that HOLDER is filled with the desperate, hopeless, and lost causes…….BOOM BOOM!

tylersmayhem tylersmayhem 3:41 pm 14 Jul 08

Mick – what’s with the “HOLDER” comment. Have I missed something?

Mick1965 Mick1965 2:19 pm 14 Jul 08


Well, it is in HOLDER! 🙂

Just kidding – I love Holder as a suburb…..

Skidbladnir Skidbladnir 2:08 pm 14 Jul 08

Mick1965 said :

that’s the line I was fed by a Principal (at St Jude’s) when one of his teachers was bullying my daughter (she was 9 at the time).

St Jude is the patron saint of desperate, hopeless, and lost causes, so it always confuses me why they keep naming schools after him.

Mick1965 Mick1965 2:04 pm 14 Jul 08

vg: “No one anywhere in any circumstance has the power to ‘offer’ this. People always have the alternative of going to the Police. This is common knowledge.”

Yup…you wanna guess what the police would have done to a kid who reported that a Marist Brother touched his cock? They would have humiliated the kid further and told him he was full of shit.

This is another reason why emotion is literally FLOWING now because back then nobody WANTED to know and frankly it seemed a larger sin to tell on a Brother than it was for a Brother to get it on with you.

Mick1965 Mick1965 1:59 pm 14 Jul 08

imhotep: “All schools, including Marist, are overwhelmingly staffed by people who do a difficult and underpaid job because they believe it is a worthwhile thing to do. Yet unsupported allegations are flung around these Marist threads like confetti.”

Sorry mate but that’s the line I was fed by a Principal (at St Jude’s) when one of his teachers was bullying my daughter (she was 9 at the time). The bullying, ridicule and victimisation continued and my wife and I removed her (and our 7 year old, who was very happy there) from the school. A year later the same principal confessed the teacher in question had a problem and he apologised for talking us out of damaging that teacher’s career.

You CANNOT generalise about anyone. Teachers are teachers for MANY reasons and I know quite a few who are bludgers.

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