Husband of Ashley whistleblower pleads with state government to help 'hero' wife

Dave* said the state's actions in the case "repeatedly and unnecessarily" re-traumatised his wife, Alysha*, whose whistle blowing was a crucial factor in then-premier Peter Gutwein's decision to schedule the closure of the Ashley Youth Detention Centre.

Alysha was a clinical practice consultant at Ashley.

She claims abuse, including sexual abuse, of detainees was covered up and/or not properly dealt with.

She also says she was threatened, bullied and physically assaulted after she started raising her concerns about the centre.

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Alysha, who has been on leave since early 2020, was a key witness during the Ashley hearings of the Commission of Inquiry into the Tasmanian Government's Responses to Child Sexual Abuse in Institutional Settings.

Dave said he could not accept the state's conduct in the case - featuring "an ongoing battery of debilitating psychological assessments, including the deliberate interrogation of her own childhood abuse of over 20 years ago" - were the actions of a model litigant.

Model litigant guidelines are intended to help the state and its agencies and authorities maintain consistent and high professional standards in civil legal proceedings brought by or against the state.

The Tasmanian guidelines include, among other things, to:

Alysha's workers compensation case started in early 2020 and how long it has to run remains unclear.

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Various politicians and legal figures have called on the state government to intervene.

"There have been a number of issues in the handling of Alysha's matter by the state as a result of which the state has been forced to appoint external lawyers," lawyer Angela Sdrinis said.

"The ongoing delays and the ongoing requests for a further medical evaluation, notwithstanding strong evidence from Alysha's treaters of risk of harm, are of concern in terms of Alysha's safety.

"I urge the state to come to the negotiating table with a view to minimising further trauma to our client."

Ministers, including Premier Jeremy Rockliff and Attorney-General Elise Archer, have said they cannot intervene.

Mr Rockliff on Friday said the government's position had consistently been that workers compensation claims must be treated lawfully and fairly, free from any political interference.

"It would not be appropriate for any member of the government or parliament to intervene in this or any other workers compensation claim," Mr Rockliff said.

"We have listened to harrowing evidence from witnesses, including from whistleblowers, during the COI (Commission of Inquiry) hearings, and we are not waiting to make changes to ensure state servants feel safe and, in fact, are encouraged to come forward if they suspect abuse, and to ensure that any suspicions of child sexual abuse are taken seriously.

"This includes embedding child safety and wellbeing into all heads of agency performance agreements to improve accountability, governance and culture."

He said common, whole of government complaints management process principles relating to code of conduct investigations were expected to be implemented in December.

The couple say the case and Alysha's long period away from work have them in danger of losing their home and put her health and wellbeing at risk.

Dave said Mr Rockliff had, multiple times, publicly encouraged state servant whistleblowers to come forward, assuring them they would be protected.

"This is the time to enact that assurance," Dave said.

"The how is straightforward and does not require political interference.

"Very simply, it would involve the direction for the office of the solicitor-general/state instructor, to stop further damaging psychiatric assessments and instead release the privilege claimed over the three state-ordered reports already obtained and, should further information or clarification be required, to refer back to the last engaged psychiatrist to obtain a supplementary report on the papers and, lastly, to direct the OSG/instructor to engage with Alysha's counsel in a non-adversarial manner, such that Alysha's matter can be settled and she can finally start on the long journey of healing."

Dave said there was a critical opportunity to set a precedent that state servants would be protected if they showed the kind of courage Alysha did.

"To do otherwise continues to cast disparagement on other would-be whistleblowers and calls into question the legitimacy of government's conviction to reform," he said.

"I see within Alysha both the spirit and personal embodiment of what the state needs to channel and model, to bring about the changes required to ensure the protection of children.

"As a victim-survivor herself, she has both the compassion to understand and the knowing purpose that gives her the courage and the determination to ensure harm is prevented to others, and that the stories of disadvantaged and abused youth are told and changes enacted.

"Alysha has been a voice for the voiceless.

"She has had the courage to shine a light into the darkness.

"She is my hero and I choose to join her in this very small way in shining a light."

*Surnames of the couple are withheld.

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