65-year-old sex offender granted children’s check, despite a string of sexual offences

A 65-year-old has been cleared to work with children despite being previously convicted of multiple disturbing sexual charges.

A man who masturbated on a train in front of a 16-year-old girl before ejaculating on her has been granted a working with children check.

The Sydney man, 65, whose identity has been suppressed, successfully had his status as a “disqualified person” overturned in the NSW Civil and Administrative Tribunal last week.

This is despite him, being involved in a series of “concerning” incidents spanning almost four decades.

The man said he needed the clearance as he wished to volunteer for a charity organisation as well as gain employment at a hospital, or as a counsellor, handyman or cleaner - all of which required the check. He said he wanted the check to prove that “people can change”.

In its final decision, handed down on January 10, the tribunal said to refuse him a working with children clearance would “arguably be punitive”.

The man had previously applied to have his status as a “disqualified person” overturned in 2015 and 2022, both of which were refused.

“While we accept that the applicant’s behaviour was serious and harmful to his victims, we are satisfied that the evidence establishes on the balance of probabilities that there is no real and appreciable risk of harm to children posed by the applicant,” the decision said.

The vile act on a Sydney train took place in 1977. Picture: NCA NewsWire/Bianca De Marchi

The first of his many incidents occurred in 1977 when he masturbated in front of a 16-year-old girl on a train before ejaculating on her.

He was placed under a 12-month order at the time, but argued he was 19 at the time and did not mean to ejaculate on the girl.

In 1994, he was convicted of indecently assaulting his former partner after grabbing her throat in public, threatening her before he “squeezed her vaginal area” for which he received a community service order.

In 1995, he was convicted of indecent assault for masturbating in front of his female housemate and sentenced to six months imprisonment.

The three convictions were the reason for his “disqualifying” status for the children’s check, however, the tribunal also noted multiple other offences, including an incident where he showed pornographic photos to a 15-year-old girl.

In 1992, he also punched his ex-girlfriend to the head causing her to be knocked to the ground, which led to a two-year good behaviour bond.

The decision was handed down on January 10.

The tribunal also noted two informal complaints raised by fellow volunteers who claimed he made “personal advances” at a charity organisation in 2013 and 2014.

In making the decision, the tribunal said the applicant had “expressed great remorse” during the hearing and was “at times visibly upset”.

“We accepted this as genuine,” the decision said.

“The applicant stated that he previously acted inappropriately on impulses because he did not consider the consequences or the impact on others. He denied having such impulses any longer.”

The court also noted the man had since been left unsupervised with children and had taken a friend’s child to the zoo “without any other adults”.

“There have been no reports of concern relating to these incidents.”