Summary

Own-initiative investigation related to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

12 February 2024

On 5 September 2023, the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission) published a report about public hearing 33, which was a case study of two young men with disability, Kaleb and Jonathon (pseudonyms).

The Disability Royal Commission’s public hearing examined the violence, abuse, neglect and deprivation of human rights experienced by Kaleb and Jonathon over 20 years. The report made a number of recommendations, including that the State of Queensland conduct an independent review into the powers and responsibilities of all the departments and agencies that engaged with Kaleb, Jonathon and their late father, Paul Barrett.

The Ombudsman is investigating on his initiative under s 18(1)(b) of the Ombudsman Act 2001. This investigation accepts the Agreed Facts as presented in the Disability Royal Commission’s public hearing report. In keeping with recommendation 5.2 of that report, the focus of the investigation will be on the relevant agencies’ current practices and procedures. This means individual incidents across the 20-year history of agency involvement with Kaleb, Jonathon and Paul Barrett, and the agencies’ responses to those incidents, will not be the focus of the investigation.

Given the significant public interest in this investigation, the Ombudsman may publish information on this website from time to time throughout the course of the investigation.

The Ombudsman obtained the permission of the Speaker of the Legislative Assembly to publish this information in accordance with s 54 of the Ombudsman Act.

Frequently asked questions

Topic Index

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  1. 1. What will the investigation consider?
  2. 2. Will the investigation be limited to the Royal Commission’s findings or be a broader enquiry?
  3. 3. Which agencies are being investigated?
  4. 4. How is the investigation being conducted?
  5. 5. How long will the investigation take?
  6. 6. Will the findings of the investigation be published?
  7. 7. What if I have my own complaint or want to share my experience?

1. What will the investigation consider?

In keeping with the Disability Royal Commission’s recommendation 5.2 in Public Hearing 33, our investigation will seek to better understand and learn from Kaleb and Jonathon’s experience over approximately 20 years.

The investigation will include consideration of whether the relevant agencies’ current practices and procedures are sufficient to prevent the nature and extent of the violence, abuse, neglect and deprivation of human rights that Kaleb and Jonathon experienced from occurring to other children with disability. 

2. Will the investigation be limited to the Royal Commission’s findings or be a broader enquiry?

The investigation accepts the Agreed Facts published in the Disability Royal Commission’s report for Public Hearing 33; however, it will not be limited to them. We are conducting a more detailed investigation, as envisaged by the Disability Royal Commission. 

While the investigation is unlikely to reach conclusions about every past incident that Kaleb and Jonathon experienced due to the passage of time, these incidents will be used to inform the investigation. 

3. Which agencies are being investigated?

Queensland agencies identified in Public Hearing 33 relevant to this investigation are:

  • Department of Education
  • Department of Housing and Public Works
  • Queensland Health
  • Department of Families, Seniors, Disability Services and Child Safety.

Procedural fairness will be afforded to those agencies being investigated.

4. How is the investigation being conducted?

The investigation is being conducted under the Ombudsman Act.

The investigation process includes:

  • reviewing material from Public Hearing 33 
  • considering relevant legislation 
  • reviewing and analysing material we obtain from agencies
  • meeting with representatives from agencies. 

This process will inform the opinions and recommendations the Ombudsman makes. 

In the early stages of the investigation, we met with Kaleb and Jonathon. This gave us the opportunity to engage with them directly, see how they communicate and how support staff are working with them to increase their independence.

5. How long will the investigation take?

Some Ombudsman investigations can take 12 months or more to finalise. However, this investigation involves four agencies and is expected to take longer.

6. Will the findings of the investigation be published?

The Ombudsman will produce reports about each agency during the investigation. The Ombudsman will request the Speaker’s authorisation to release the reports publicly.

Such reports generally contain an analysis of the information considered as well as the Ombudsman’s opinions and recommendations, which focus on areas of administrative improvement for agencies. 

Public reports about this investigation may not be able to refer to all of the information gathered, given the sensitive nature of this matter.

In April 2025, we published the first report Preventing harm to children with disability in Queensland – Report 1: Department of Education.

7. What if I have my own complaint or want to share my experience?

This investigation relates to Public Hearing 33 and Kaleb and Jonathon’s story; therefore, we will not be including complaints from other individuals as part of the investigation.

However, if you have a complaint about a public sector agency in Queensland that is within our jurisdiction, you may lodge your complaint with us. Your matter will be treated as an individual/separate complaint. See more information about how our Office deals with individual complaints.

Follow the steps on our website to make your complaint.