Parents launch legal action over alleged childcare sex abuse horror

Parents of young girls allegedly raped or sexually assaulted by a Queensland childcare worker have begun legal action against the centres.

• Q&A: What parents need to know

Parents of little girls allegedly raped or sexually assaulted by a Queensland childcare worker in one of Australia’s most horrific child abuse cases have begun legal action against the centres, claiming they breached their duty of care.

Families in both Brisbane and Sydney have engaged law firm Slater and Gordon to seek compensation for what allegedly happened to their daughters, after Australian Federal Police arrested a 45-year-old Gold Coast man on more than 1600 charges.

The man, who has been charged with 136 counts of rape and 110 counts of sexual intercourse with a child under 10, cannot be named because Queensland law currently requires someone charged with serious sexual offences have their identity protected until being committed to stand trial.

The 1623 charges relate to 91 victims – all very young girls – from 10 Brisbane childcare centres, a Sydney childcare centre and an international centre between 2007 and 2022.

He filmed and photographed all his offending, the AFP has alleged.

The man has been in custody since his arrest in Brisbane last August.

Police have spent the past year combing through 4000 videos and images, allegedly discovered on the man’s phone and devices, to identify the girls in the pictures.

Australian Federal Police Assistant Commissioner Justine Gough and NSW police Assistant Commissioner Michael Fitzgerald address a media conference about a former childcare worker being charged with 1623 child abuse offences against 91 children. Picture: Mohammad Alfares

All alleged Australian victims have now been identified and their families contacted by police – but investigators are still searching for four overseas victims.

Police Minister Mark Ryan on Thursday it was the parents’ right to seek compensation.

“Those families would be hurting … there’s [an alleged] child victim here … I would never be critical at all about someone exercising their rights to get justice – whether that is civilly or criminally,” he said.

Queensland Abuse Law Senior Practice Leader Tiffany Marsh said to obtain compensation, victims must prove there was a duty of care between the child and the childcare centre, that the duty of care had been breached and that the breach resulted in damage or injury to the child.

“The terrible thing is, the parents are going to need to decide whether or not to tell their children they were abused, which is a huge burden to carry and an incredibly difficult situation to navigate,” she said.

“Abuse can have a devastating impact on the lives of not only those who have suffered it, but also those whose loved ones have been subjected to such ghastly treatment, by people who had been entrusted to look after them, which is why under the law, they may be entitled to compensation as well,” she said speaking generally.

Some of the alleged victims are now over 18 and have been spoken to by investigators.

The Courier-Mail understands the accused man had a science-related university degree and received a graduate diploma in early education more than 10 years ago.

It is understood he worked for an international school in a European country, later working for a major childcare chain when he returned to Australia.

Attorney-General Yvette D'Ath said Queensland’s Blue Card system worked as it should in this case.

Ms Marsh urged parents who had been contacted by police about the allegations of videos and photographs of their children to seek legal advice.

“It’s vital that the families (alleged to be) involved in this devastating situation know their legal rights so they can make educated decisions about whether they want to seek justice.”

AFP Assistant Commissioner Justine Gough on Tuesday assured parents they would already know if their children were affected.

“I can assure members of the Australian public that if you have not been contacted by law enforcement, it is extremely unlikely your child was allegedly offended against by the man,” she said.

It comes as Attorney-General Yvette D’Ath ordered an urgent briefing on the man’s interaction with the state’s Blue Card System, which is Queensland’s version of the working with children check.

She said the department’s review revealed Blue Card Services had acted appropriately.

“This includes the day Blue Card Services was notified by the AFP of alleged disqualifying offences, at which point the blue card was suspended and employers were notified,” Ms D’Ath said.

“Queensland’s Blue Card system is one of, if not the most stringent in the nation.”

The Blue Card System includes daily monitoring by Queensland Police Service of any changes in a person’s record.

Asked about blue card recommendations following the 2015 murder of Tiahleigh Palmer, Mr Ryan said “obviously the safety of children is really important”.

“Whatever we can do to enhance the blue card system, to enhance child safety of course the government will do … I’m responsible for the recommendations relevant to the police service,” he said.

Queensland Police Service Acting Deputy Commissioner Mark Wheeler said he would encourage parents to have conversations with their children about safety at the earliest possible opportunity.

“I would strongly urge parents to talk to their child about these issues. It may be an uncomfortable conversation but there are certainly resources available to help those parents have those difficult conversations,” he said.