Convicted Child Abuser Officiates Junior Touch Football in NSW Due to Legal Loophole
In a concerning revelation, a man convicted of child sexual abuse has been serving as a regular referee for Touch Football NSW, overseeing junior and youth competitions across the state. This situation has persisted for over a decade, with the organisation attributing his continued employment to a legal "loophole" in current regulations.
Details of the Offender and His Role
Timothy McDougall, placed on the NSW child sexual abuse offender register in 2014, has officiated at regional, state, and national levels, including under-12 girls' teams. He pleaded guilty to two counts of sexual intercourse with a 14-year-old girl in 2012 when he was 21, receiving a three-year good behaviour bond. McDougall remains on the Child Protection Register until 2029, with ongoing reporting obligations under the Child Protection (Offenders Registration) Act.
Despite his convictions, McDougall has continued umpiring even after Touch Football NSW became aware of his past. He has twice been convicted for failing to comply with reporting obligations, in 2016 and 2019, and has had multiple apprehended domestic violence orders taken out against him, with the most recent set to expire in 2027.
The Legal Loophole and Organisational Response
According to the Office of the Children’s Guardian in NSW, a Working With Children Check is not legally required for umpires or referees if the work does not involve extended contact with children without other adults present. This exemption, outlined in Regulation 7 (3) of the Child Protection (Working with Children) Regulation 2013, has allowed McDougall to continue his role.
Touch Football NSW general manager Dean Russell acknowledged the loophole in correspondence, stating that while referees are mentioned in legislation, they are not mandated to hold a WWCC for junior competitions. The organisation has raised concerns with the Office of the Children’s Guardian and sporting peak bodies, advocating for tighter regulations. Chief executive Duncan Tweed emphasised that NSWTA may impose restrictions beyond legislative requirements to ensure participant safety.
Child Safety Advocates Call for Stronger Laws
Child safety experts, including Michael Salter, director of the Childlight institute at the University of NSW, argue that this scenario highlights a critical gap in child protection. Salter questions why contact with children in such roles would not be reportable under the act and stresses the need for all officials in children's sport to hold a WWCC.
"There is a proactive responsibility at an institutional level to ensure that you’re creating a safe environment for children," Salter said. He expressed broad concern about the regulation and enforcement of child safety legislation in NSW, noting that loopholes have been red flags in major reviews of child abuse cases.
Broader Implications and Unanswered Questions
The case raises issues about compliance with Touch Football Australia's national member protection policy, which requires disclosure of criminal convictions relevant to duties. It is unclear if McDougall disclosed his convictions to the national body. Additionally, McDougall applied unsuccessfully to the Supreme Court in October last year to obtain a WWCC despite his offender status.
Touch Football NSW has not detailed the specific restrictions or risk management strategies imposed on McDougall. The organisation maintains that as long as he complies with these measures and legislative requirements, he will be permitted to continue refereeing.
This situation underscores ongoing challenges in safeguarding children in sports, prompting calls for legislative reforms to close loopholes and enhance protection measures across New South Wales.
