Convicted sex offender allowed to continue making AFL banners with kids
A convicted sex offender who paid two boys, aged 9 and 10, to reveal themselves to him in his home, has been given the green light to continue working alongside children making AFL banners.
Law & Order
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A convicted sex offender has been given the green light to secretly work alongside children making banners for an AFL club.
The footy diehard faced being booted out of the AFL cheer squad he has been a member of for more than 20 years after a change to the club’s policy required all members to hold a working with children permit.
Because of his history of sexual offending he was refused a permit but successfully appealed the decision to the Victorian Civil and Administrative Tribunal.
And the public is not allowed to know who he because of a gag order protecting his identity. He can be known only as NOQ.
The man pleaded guilty in 1999 to two counts of indecent act with a child under the age of 16.
Then aged in his early 20s the man invited two boys, aged 9 and 10, into his home and offered them $3.50 for each boy to show him their penis.
His victims exposed their genitals, while the man rubbed his penis.
The boys later ignored the man’s direction not to tell anyone and reported the abuse.
He was placed on a two-year adjourned undertaking without conviction.
Under Victorian laws, a Working with Children assessment notice must be refused to sexual offenders, but that can be appealed to VCAT.
VCAT can order a notice to be issued if it is satisfied it would not “pose an unjustifiable risk to the safety of children”.
After authorities refused to grant the man a permit, he successfully appealed to VCAT who this week overturned a decision by the Department of Justice and Community Safety.
In fighting the NOQ’s appeal the department argued VCAT could not be satisfied on the material before it that he did not pose a future threat to children.
Overturning the decision VCAT deputy president Heather Lambrick said it was in the public interest for the man to continue his role at the AFL club.
“It is in the public interest for NOQ to continue to engage fully in the community to the best of his ability,” she said.
“In reality, he will never be working one-on-one with children. He is however in contact with children on a regular basis by virtue of being a member of the community. There is no reason why he should not be.
“There is every reason why he should continue to support his beloved football team in circumstances where I have found that he does not pose an unjustifiable risk to the safety of children.”
VCAT heard the man had an intellectual disability and at the time of his offending did not have the understanding of an adult of the gravity of his crimes.
He was socially and sexually immature, had not received sex education, and was confused about sexual relationships, the tribunal heard.
He also did not report being sexually aroused by children, and said he did not have any fantasies about children.
“The materials all conclude that it was this, rather than an attraction to children per se, that led to his offending,” Ms Lambrick said.
“He has now learnt that sexuality is only expressed by adults towards other adults.”
Ms Lambrick said while the offending was “clearly serious” there had been no further offending in 20 years.
“The long passage of time in conjunction with the subsequent interventions give me great confidence that he is unlikely to reoffend,” she said.
“I am satisfied that the likelihood of future threat to a child caused by NOQ is very low.
“I am satisfied that the reasonable person would accept that NOQ was most unlikely to reoffend while working with their child for all the reasons specified. They would allow him to work with their child.”
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Earlier this year the Herald Sun revealed a serial sex pest was allowed to continue umpiring junior footy matches after “a very senior person in the AFL” helped him win a working with children check.
The 57-year-old had a long history of offending including the sexual penetration of a minor, stalking, and masturbating in public.
The man was a junior and senior football umpire and a mentor to young players and umpire for several years prior to his disqualification.
After authorities refused to grant the man a permit, he successfully appealed to VCAT.