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Report on the investigation of a complaint of unjust dismissal because of allegations made by facilitated communication

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This investigation examined the dismissal of Mr Robert Williams by his employer, Community Services Victoria (which would later became the Department of Health and Community Services), in February 1990.

Note: This report is now more than 30 years old and readers should treat its findings, conclusions and other commentary with caution. It may contain outdated language and perspectives that no longer represent contemporary expectations of fairness and inclusion.

Mr Williams had been dismissed from his position at the Traralgon Community Residential Unit after three residents with intellectual disabilities alleged rape and indecent assault. The residents made these allegations via Facilitated Communication, a method of communicating where a person with disability indicates pictures, letters or objects on a keyboard or communication board with support from a facilitator. Facilitated Communication has been the subject of some controversy.

The investigation considered the capacity of the alleged victims to communicate the allegations being attributed to them.

The Ombudsman concluded that Mr Williams had been unjustly dismissed and recommended that Mr Williams be reinstated and financially compensated. The Department of Health and Community Services did not accept the Ombudsman’s recommendations.

Recommendations

The Ombudsman made seven recommendations:

  1. That Mr Williams be reinstated to his position within the Department of Health and Community Services or be financially compensated for the loss of career prospects.
  2. That Mr Williams receive the salary to which he would have been entitled had he continued in employment for the period since his dismissal in February 1990 and that he receive legal and associated costs.
  3. That a thorough review be conducted of the use and effectiveness of Facilitated Communication programs in government and non-government agencies.
  4. That the two clients, subject of the allegations against Mr Williams, who have not yet been assessed, be comprehensively assessed to determine the appropriate method of communication for them.
  5. That the practice of having a male attendant on ‘sleepover’ duty in all-female units should be reviewed.
  6. That a register of sexual abuse allegations reported to the Department by, or on behalf of clients of Intellectual Disabilities Services be developed.
  7. That the Office of Intellectual Disabilities Services assess the use of Stylometric Analysis as a means of resolving disputes about the validity of communications.