Sport Integrity Australia (SIA) has been accused of breaching the Age Discrimination Act when it investigated bullying allegations involving a child within Gymnastics Australia. 

The ABC can reveal the Australian Human Rights Commission (AHRC) is handling a complaint lodged by a parent over an investigation conducted by SIA in 2020, relating to allegations of bullying, verbal abuse and inappropriate discipline of their daughter.

The commission has assessed the complaint documents and formed a view that it was reasonably arguable that the alleged conduct, if true, could amount to unlawful discrimination.

In the SIA investigation — which was closed after the allegations were found to be either “unsubstantiated” or “neither substantiated or unsubstantiated” — the mother wrote allegations that her daughter had been subject to “relentless attacks” at her gymnastics centre that caused her mental health to decline. 

The alleged victim’s mother, who made the complaint to SIA and cannot be named for legal reasons, told the ABC she believed the investigation process she and her child went through did not have the appearance of independence. 

“The very people that are supposed to be advocating and helping support the children are setting the parameters for the investigation,” she said.

She claimed investigators with SIA asked herself and a support person to leave the room, “so that they could investigate [my child] on her own”.

She said her daughter was vulnerable and had “suffered extreme trauma”, and believed investigations dealing with children should follow trauma-informed processes.

“We are bringing these children into a corporate high-rise building with ex-police investigators, to a boardroom table,” she said.

The nation’s top government sporting organisation and Gymnastics Australia, which was also included in the complaint, were notified of it by the AHRC yesterday.  

Sport Integrity Australia said it would not comment on the complaint. Gymnastics Australia has been contacted for comment.

‘Would you ask that question of an adult?’

Documents obtained by the ABC reveal investigators contracted by SIA — who the complainant’s mother said introduced themselves as former police officers — asked the alleged victim and her sister questions such as, “Do you know the difference between a truth and lie?” and “Is that what really happened?”.

Gymnastics integrity advocate Alison Quigley, who has been acting on behalf of the family and has been lobbying to have several investigations re-opened by SIA and Gymnastics Australia, questioned whether that would be asked of an adult.

“So if there was a question like, ‘do you know the difference between a truth and a lie?’ – would you ask that question of an adult? Would you already set up a presumption that someone’s going to lie to you and that you therefore need a corrective intervention?”

The alleged victim’s mother said both of her daughters — who were interviewed as part of the investigation, alongside other gymnasts — were “in tears” throughout the process.

“I would expect if you’re going to interview children, it would be in a child friendly environment, you would have appropriate staff there … whether they be psychologists or someone who’s had experience dealing with [a traumatised child].

“And this is where the senior investigators try to explain or did explain, ‘oh yes, we’re experienced in this’, but to then bring a child to tears … none of that was evident at this interview.”

Ms Quigley said she hoped the complaint would help “address the essential power imbalances” when children are alleging harm against adults in sport.

“We need organisations like [the] Australian Human Rights Commission and child protection agencies to be looking at these issues, not sport. It doesn’t make sense.

“My understanding … is that gymnastics was one of the first cases or sports that SIA investigated,” she added.

Sport Integrity Australia, which was established in July, 2020, has also investigated abuse allegations in Cricket Australia and Swimming Australia.

AHRC acknowledgement ‘means that they are listening’

The next step now in the AHRC complaints process is for the parties to respond.

If the matter goes to conciliation and they are unable to reach an agreement, there is the possibility the complainants can apply to have the matter heard in the Federal Court.

“What I want out of this is for them to really understand that they have failed to listen to children.”

She said she hoped the AHRC’s decision to listen to the complaint would put SIA and Gymnastics Australia “on notice”.

“When you’re dealing with young children, there are certain policies and procedures, there are certain behaviours [and] language [and] certain situations that need to be taken into account to hear their voices,” she said.